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Marketing Consent Form for Hong Kong

Marketing Consent Form Template for Hong Kong

A Hong Kong Marketing Consent Form is a legally mandated document under the Personal Data (Privacy) Ordinance (PDPO) that enables organizations to obtain explicit consent from individuals for using their personal data in marketing activities. The form must comply with Hong Kong's strict data protection requirements, including specific provisions introduced by the 2013 PDPO amendments. It details the types of personal data to be collected, intended marketing purposes, potential data transfers, and provides clear opt-out mechanisms. The document is essential for any organization engaging in direct marketing activities in Hong Kong and must be presented in a clear, easily understandable format, often in both English and Chinese.

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What is a Marketing Consent Form?

The Marketing Consent Form is a crucial compliance document required under Hong Kong's Personal Data (Privacy) Ordinance for organizations engaging in direct marketing activities. This document became particularly important following the 2013 amendments to the PDPO, which introduced specific requirements for direct marketing consent. The form must be used before any personal data can be used for marketing purposes and should be presented to customers or potential customers at the point of data collection. It includes detailed information about data collection purposes, marketing activities, data sharing practices, and opt-out procedures. Organizations must ensure their Marketing Consent Form is comprehensive yet clear, covering all intended marketing uses while remaining accessible to the average reader. The document needs regular reviews and updates to maintain compliance with evolving privacy regulations and business practices in Hong Kong.

What sections should be included in a Marketing Consent Form?

1. Data User Information: Identity and contact details of the organization collecting the data (data user)

2. Personal Data Collection Statement: Clear statement of what personal data will be collected and the purposes for which it will be used

3. Marketing Activities Description: Detailed description of the types of marketing activities and communications the data subject may receive

4. Classes of Marketing Subjects: List of types of products, services, and subjects that may be marketed to the data subject

5. Data Transfer Statement: Information about any third parties to whom the personal data may be transferred for marketing purposes

6. Consent Declaration: Clear and explicit consent statement for the data subject to indicate their agreement

7. Opt-out Mechanisms: Information about how the data subject can opt-out of receiving marketing communications

8. Data Subject Rights: Statement of rights under the PDPO including right to access, correct, and request cessation of data use

9. Signature Block: Space for data subject's signature, name, and date

What sections are optional to include in a Marketing Consent Form?

1. Language Options: Bilingual text in English and Chinese, recommended when dealing with local Hong Kong residents

2. Specific Consent Checkboxes: Separate checkboxes for different marketing channels (email, SMS, phone, post) when the organization wants to obtain channel-specific consent

3. Third Party Marketing Partners: Additional section listing specific third-party partners who may conduct marketing, required only if personal data will be transferred to other organizations for marketing

4. Financial Services Marketing: Additional regulatory disclosures required when marketing financial products or services

5. Rewards Program Details: Information about any loyalty or rewards program associated with marketing consent, only needed if applicable

What schedules should be included in a Marketing Consent Form?

1. Schedule 1 - Types of Personal Data: Detailed list of all personal data types that may be collected and used for marketing

2. Schedule 2 - Marketing Partners: Complete list of third-party organizations who may receive the personal data for marketing purposes

3. Schedule 3 - Marketing Channels: Detailed description of all marketing channels and communication methods that may be used

4. Appendix A - Privacy Policy: Organization's full privacy policy or link to where it can be accessed

5. Appendix B - Opt-out Form: Separate form for future opt-out requests

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Hong Kong

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions

























Clauses




















Relevant Industries

Financial Services

Retail

Healthcare

Technology

Telecommunications

Insurance

Real Estate

Education

Professional Services

E-commerce

Hospitality

Banking

Relevant Teams

Legal

Compliance

Marketing

Customer Relations

Data Protection

Risk Management

Operations

Digital Marketing

Customer Experience

Business Development

Relevant Roles

Privacy Officer

Data Protection Officer

Compliance Manager

Marketing Director

Legal Counsel

Customer Relations Manager

Business Development Manager

Risk Manager

Operations Manager

Digital Marketing Manager

Customer Data Manager

Chief Marketing Officer

Chief Compliance Officer

Chief Privacy Officer

Industries





Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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