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the classes of marketing subjects in relation to which the data is to be used; and

the response channel through which the data subject may, without charge by the

data user, communicate the data subject’s consent to the intended provision in



The additional notification and consent requirements relating to the transfer of personal

data to another person for use in direct marketing (outlined in paragraph 5.100 above),

do not apply to the transfer of the personal data to the data user’s agent, for the

purposes of carrying out marketing of the data user’s products or services on the data

user’s behalf.


The data user’s direct marketing and data transfer notification

obligations under section 35C(2) and DPP1(3) respectively will apply in this case (see

paragraphs 5.65 to 5.90 and 5.99).


The above information should be presented in a conspicuous manner that is easily

understandable and, if in written form, easily readable. In this regard, a reasonable test

should be adopted in deciding what is easily readable and easily understandable. The

description of marketing subjects and transferees must be sufficiently specific, so as to

enable the data subject to ascertain the goods, facilities or services that will be

marketed and the persons to whom their personal data may be transferred, with a

reasonable degree of certainty. Vague and loose terms such as “marketing goods

and/or services by us, our agents, our subsidiaries, or our partners”, “providing carefully

selected offers, promotions and benefits by us, our subsidiaries, affiliates and/or our

partners”, and “such type of services and products as the company may from time to

time think fit” will fall short of meeting the requirement.

Section 35D(1): Pre-existing Data


The requirements for a data user to notify the data subject of his intention to use the

latter’s personal data in direct marketing and to obtain the data subject’s consent or

indication of no objection to the intended use under the new regulatory regime takes

effect on a prospective basis.


Such notification and consent requirements do not

apply to the use of personal data by a data user for direct marketing purposes

(including the use of the data by the data user’s agent for marketing the data user’s

products or services)


in relation to personal data over which the data user had control

before the entry into force of the new provisions (i.e. 1 April 2013) if:

the data subject had been explicitly informed by the data user, in a manner which

is easily understandable and (if informed in writing) easily readable of the intended

use of the data subject’s personal data in direct marketing in relation to a class of

marketing subjects;

the data user has so used any of the data;

the data subject had not required the data user to cease to use any of the data;


Section 35I(2).


Section 35D(1).


Section 35I(2).