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The new provisions relating to direct marketing and legal assistance for aggrieved individuals introduced by the Personal Data (Privacy) (Amendment) Ordinance 2012 (the "Amendment Ordinance") will take effect on 1 April 2013.

Under the Amendment Ordinance:

  • A data user who intends to use personal data in direct marketing (or provide the data to others for such use) should comply with specified new requirements.
  • The Privacy Commissioner may provide various forms of legal assistance to an aggrieved person who has a right to claim compensation in relation to his personal data under the Personal Data (Privacy) Ordinance (the "Ordinance") from a data user for damage suffered by him as a result of the data user's contravention of the Ordinance.

Certain other changes introduced by the Amendment Ordinance have been in effect since 1 October 2012.

For more information relating to the implications of the Amendment Ordinance, see our previous legal updates:

Part I:
A Data Privacy Law that Has Teeth and Can Bite

Part II:
A Data User's New Obligations - Data Privacy Law that Has Teeth and Can Bite (Part 2)

Part III:
Privacy Commissioner's Power to Grant Legal Assistance - Data Privacy Law Has Teeth and Can Bite (Part 3)

Part IV:
New Offence for Delinquent Employees - Data Privacy Law Has Teeth and Can Bite (Part 4)

For inquiries related to this Legal Update, please contact Duncan Abate, Hong TranAnita Lam or your usual contacts with our firm.