Last review date: 31 December 2024

No

However, the PCPD has published an information leaflet on Online Behavioral Tracking highlighting recommended practices in relation to online behavioral tracking.

Last review date: 31 December 2024

Yes

There are specific notification and consent requirements to use and/or transfer personal data for direct marketing purposes.

Notification requirements

The data user must inform the data subjects:

• that it intends to use, or where applicable, provide to third parties, personal data for direct marketing
• that the data subject's consent is required before it does so
• of the kind of personal data to be used
• of the classes of marketing subjects to which the marketing will relate
• where the data is being transferred, of the classes of persons provided with the data
• where the data is being provided for gain (e.g., for commission), that the data is to be so provided

Consent requirements

The data subject's explicit consent must be obtained for direct marketing. Consent is defined to include an "indication of no objection" and silence does not constitute consent. While oral consent is permitted in relation to the use of personal data for the data user's own direct marketing purposes, written consent is required where personal data will be transferred to third parties (including related business entities) for their use in direct marketing.

We have only checked "prior opt-in consent" in the checkboxes below. However, note that consent may be obtained via "opt-in" or "opt-out" mechanisms prior to using personal data for direct marketing, but either way, the data subjects must take action to indicate that they do not object to receiving direct marketing. Implied consent is not sufficient.

Email marketing

• prior opt-in consent

Telephone marketing

• prior opt-in consent

SMS/text message marketing

• prior opt-in consent

Postal marketing

• prior opt-in consent

Online behavioral advertising targeting/social media targeting/ad personalization marketing

• prior opt-in consent

While there is no specific consent requirement for online behavioral advertising targeting/ad personalization marketing, the direct marketing consent requirements will apply where this involves the use of "personal data" for direct marketing purposes.