Hong Kong: Personal Data (Privacy) (Amendment) Ordinance 2012

Last Updated: 1 August 2012
Article by Sara S.M. Or

Summary

The Personal Data (Privacy) (Amendment) Ordinance 2012 sets out a number of changes to the Personal Data (Privacy) Ordinance. This article provides an overview of some key changes and suggests some practical steps that data users may take in addressing the changes.

Introduction

The Personal Data (Privacy) (Amendment) Bill 2011 (the "Bill") was introduced to the Legislative Council in July 2011 after two rounds of public consultations in 2009 and 2010 on the review of the Personal Data (Privacy) Ordinance (the "PDPO").

In October 2011, a Bills Committee was established by the Legislative Council to review the Bill. Considerable changes were made to the draft provisions proposed in the Bill. The Personal Data (Privacy) (Amendment) Ordinance 2012 (the "Amendment Ordinance") was passed by the Legislative Council in late June and gazetted on 6 July 2012, finalizing the amendments to the PDPO

The Amendment Ordinance sets out a number of changes to the PDPO. This article provides an overview of some key changes and suggests some practical steps that data users may take in addressing the changes.

Implementation timeline

The changes introduced by the Amendment Ordinance will take effect in phases. Most of the changes are expected to take effect from 1 October 2012. The changes relating to direct marketing and the legal assistance scheme will take effect later on a day to be appointed by the Secretary for Constitutional and Mainland Affairs.

Key changes to the PDPO

This article covers the changes to the following areas:

a. use of personal data for direct marketing (new sections 35B to 35H)

b. provision of personal data to another for use in direct marketing (new sections 35I to 35M)

c. disclosure of personal data obtained without consent (new section 64)

d. regulating data processors (revised DPP2 and DPP4)

e. enforcement notices (revised section 50(1) and new section 50A)

f. legal assistance for aggrieved individuals (new section 66B)

Use of personal data for direct marketing

A) REQUIREMENTS UNDER PDPO BEFORE AMENDMENT ORDINANCE

i. The requirements were principally specified in section 34 and DPP1(3) and DPP3 of the PDPO.

ii. In short, a data user is required:

1. to inform an individual at the time of collecting his data whether his data will be used for direct marketing;

2. not to use his data for direct marketing if (1) was not complied with except for marketing the data user's own services and products (on the rationale that such direct marketing would be within the individual's reasonable contemplation); and

3. when using an individual's data for direct marketing for the first time, to inform the individual of his "opt-out" right free of charge and stop using data for direct marketing if he opts out.

B) NEW / REVISED REQUIREMENTS - PRIOR NOTICE AND "CONSENT"

i. Summary of requirements. In short a data user will be required, after the new/revised requirements take effect, to inform an individual of its intention to use his data for direct marketing, provide a communication channel free of charge to allow the individual to give consent (which includes an indication of no objection) to the intended use, and refrain from using his data for direct marketing unless the data user has received the individual's consent or indication of no objection.

ii. "Opt-out" or "opt-in"? During the consultation and legislative process, there was heated debate on whether the existing right to opt-out from direct marketing should be replaced by an opt-in right. Whilst the Amendment Ordinance preserves the existing opt-out approach and defines "consent" for this purpose to include an "indication of no objection", it is uncertain whether silence or no response from an individual amounts to an "indication" of no objection and satisfies the consent requirement. If silence or no response is inadequate for that purpose, the opt-out approach is in effect replaced by an opt-in approach.

iii. Additional steps required of data user. A data user has to take the following additional steps prescribed by the Amendment Ordinance before using an individual's data for direct marketing:

1. inform the individual that it intends to use his data for direct marketing and that it is not allowed to so use the data unless it has received the individual's "consent" (which includes "an indication of no objection" for this purpose) to the intended use;

2. provide the individual with information of:

aa. the kinds of data to be used for direct marketing; and

bb. the classes of marketing subjects (i.e. the kinds of services and products which may be marketed) for which the data will be used; and

3. provide the individual with a channel through which he may communicate, without charge by the data user, his "consent" to use his data in the scope described in (2) above.

iv. Easily understandable and readable wording. In order to satisfy the requirements, a data user must provide the information in (1) and (2) above in a manner that is easily understandable and easily readable.

v. Additional requirement applicable to oral consent. The Amendment Ordinance (section 35E(1)(b)) permits a data user to obtain the individual's consent orally. If consent is obtained orally, the data user is required to send a written confirmation to the individual within 14 days from receiving his consent confirming (a) the date of receipt of the consent, (b) the kinds of data to be used for direct marketing, and (c) the classes of marketing subjects for which the data will be used.

vi. Existing obligation to inform individual of opt-out right. In addition to the new/revised requirements, a data user is continued to be required to inform an individual of his opt-out right when using his data for direct marketing for the first time, and to stop using his data for direct marketing if he opts out.

vii. Individual may opt out at any time. The Amendment Ordinance (section 35G) makes it clear that an individual has the right to opt out from direct marketing at any time, irrespective of whether he has previously consented to the use of his data for direct marketing.

viii. Penalties. Contravention of the new/revised requirements relating to direct marketing constitutes an offence punishable by fine of up to HK$500,000 and imprisonment for up to three years.

C) "GRANDFATHERING" ARRANGEMENT

i. "Grandfathering" dispenses with additional steps in (B)(iii). Following much debate on how to facilitate a practical implementation of the new/revised requirements balancing the respective needs of individuals and data users, the Amendment Ordinance provides for a "grandfathering" arrangement in section 35D(1). A data user is not required to take the additional steps described in (B)(iii) above if it successfully invokes the grandfathering arrangement.

ii. Conditions for invoking "grandfathering". In order to invoke the grandfathering arrangement, a data user has to satisfy all of the following conditions before the date on which the new/revised requirements on direct marketing come into effect:

1. the individual has been explicitly informed by the data user in an easily understandable and easily readable manner of the intended use or use of his data for direct marketing in relation to specified classes of marketing subjects (i.e., services and products);

2. the data user had actually used the individual's data for direct marketing in relation to the same classes of services and products;

3. the individual had not required the data user to stop so using any of the data; and

4. the data user had not contravened the applicable requirements under the PDPO at the relevant time in relation to the use of data.

D) PRACTICAL STEPS

i. A data user should take steps, ahead of the commencement date of the new/revised requirements, to satisfy all the conditions for invoking the grandfathering arrangement to the extent permitted of its existing customers (and other individuals) and its services and products.

ii. As regards an individual to whom the grandfathering arrangement does not apply, a data user will have to take the additional steps in (B)(iii) above before using his data for direct marketing.

iii. The requirements in (B)(iii) above may be incorporated in a data user's PICS. A data user should review and update its PICS for that purpose.

iv. If a data user is unable to satisfy either (D)(i) or (D)(ii) above with respect to an individual, it should refrain from using his data for direct marketing.

v. A data user should keep and update the list of individuals who have opted out from direct marketing at any time, and refrain from using their data for direct marketing.

vi. A data user should review and update its internal direct marketing policies and procedures to ensure that they address the new/revised requirements, and provide appropriate training to its staff, agents and representatives.

Provision of personal data to another for use in direct marketing

A) REQUIREMENTS UNDER PDPO BEFORE AMENDMENT ORDINANCE

The PDPO does not expressly address disclosure of personal data by a data user to another person for direct marketing or sale of data. The requirement is wrapped up in the general principles in DPP1(3) and DPP3.

B) NEW REQUIREMENTS - PRIOR WRITTEN NOTICE AND WRITTEN CONSENT

i. Summary of requirements. The concept resembles the requirements in 6 above. In short a data user will be required, after the new requirements take effect, to inform an individual of its intention to provide his data to another person for use by that other person in direct marketing expressly specifying whether the data user is providing data for gain, provide a communication channel free of charge to allow the individual to give consent (which includes an indication of no objection) to the intended provision, and refrain from providing his data unless the data user has received the individual's consent or indication of no objection.

ii. "Sale" or "for gain". During the consultation and legislative process, data users emphasized the need to have a clear definition of "sale" of data or provision of data "for gain" in order not to preclude legitimate commercial activities and arrangements. The Amendment Ordinance defines provision of data "for gain" (section 35A(2)) to mean provision of data "in return for money or other property", irrespective of whether the return is contingent or the person providing data retains control over the use of data.

iii. Additional steps required of data user. A data user has to take the following additional steps prescribed by the Amendment Ordinance before providing his data to another person for use by that other person in direct marketing:

1. inform the individual in writing that it intends to provide his data to another person for use by that other person in direct marketing and that it is not allowed to so provide the data unless it has received the individual's written consent (which includes "an indication of no objection" for this purpose) to the intended provision;

2. provide the individual with the following written information:

aa. that the data is to be provided for gain, if that is the case;

bb. the kinds of data to be provided;

cc. the classes of persons to which the data is to be provided; and

dd. the classes of marketing subjects (i.e. the kinds of services and products which may be marketed) for which the data will be used; and

3. provide the individual with a channel through which he may communicate, without charge by the data user, his consent in writing to use his data in the scope described in (2) above.

iv. Easily understandable and readable wording. In order to satisfy the requirements, a data user must provide the information in (1) and (2) above in a manner that is easily understandable and easily readable.

v. Written notice and written consent. For the purpose of disclosing data to another person for use by that other person for direct marketing, a data user is required to give written notice to and obtain written consent from the individual.

vi. Individual may revoke consent at any time. An individual has the right under section 35L to require a data user to stop providing his data to any other person for use in direct marketing at any time, irrespective of whether he has previously given his consent. In that case, the data user is required to stop providing his data and to notify any person to whom it has provided data to stop using the data in direct marketing.

vii. Penalties. Contravention by a data user of the new requirements constitutes an offence punishable (if the data user provides data for gain) by fine of up to HK$1,000,000 and imprisonment for up to five years and (if the data user provides data otherwise than for gain) by fine of up to HK$500,000 and imprisonment for up to three years. Failure of the other person (receiving data from a data user and notice to stop using data in direct marketing) to stop so using the data constitutes an offence punishable by fine of up to HK$500,000 and imprisonment for up to three years.

viii. No "grandfathering" arrangement. No "grandfathering" arrangement is available with respect to this requirement.

C) PRACTICAL STEPS

i. A data user should consider whether it will provide personal data of its customers and other individuals to another person for use of that other person in direct marketing. If the answer is "YES", the data user must satisfy the new requirements. Particular attention should be given to comply with the additional requirements where the data user provides data for gain.

ii. If a data user is unable to satisfy the requirements with respect to an individual, it should refrain from providing his data to another person for use of that other person in direct marketing.

iii. A data user should keep and update the list of individuals who do not consent or have revoked their consent at any time, and refrain from providing his data to another person for use of that other person in direct marketing.

iv. A data user should review and update its internal policies and procedures to ensure that they address the new requirements, and provide appropriate training to its staff, agents and representatives.

Disclosure of personal data obtained without consent

A) REQUIREMENTS UNDER PDPO BEFORE AMENDMENT ORDINANCE

The PDPO does not expressly address disclosure by a person who obtained personal data of an individual from a data user. The requirement is wrapped up in the general principles in DPP3.

B) NEW OFFENCE - DISCLOSURE WITHOUT DATA USER'S CONSENT

i. Disclosure for gain or to cause loss or psychological harm. New section 64 creates two new offences:

1. a person commits an offence if he discloses any personal data of an individual which was obtained from a data user without the data user's consent with an intent to (1) obtain gain in money or other property, whether for his own benefit or not, or (2) cause loss in money or other property to the individual; and

2. a person commits an offence if he discloses any personal data of an individual which was obtained from a data user without the data user's consent, and the disclosure causes psychological harm to the individual.

ii. Penalties. Commission of an offence under (a) or (b) above is punishable by fine of up to HK$1,000,000 and imprisonment for up to five years.

Regulating data processors

A) REQUIREMENTS UNDER PDPO BEFORE AMENDMENT ORDINANCE

The PDPO does not expressly define "data processor" and a data user's obligations over its agents and data processors are wrapped up in the general principles in section 65.

B) NEW REQUIREMENTS - ENHANCED DPP2 AND DPP4

i. Definition of "data processor". The term "data processor" is defined in DPP2 and DPP4 to mean a person who processes personal data on behalf of a data user and does not process the data for its own purposes.

ii. Enhanced requirements on retention and security of data. In addition to the general obligation on a data user to be responsible for the acts of its agents, DPP2 and DPP4 are revised to impose express requirements on a data user to ensure compliance of the requirements in those DPPs by its data processors by adopting contractual or other means to prevent:

1. any personal data transferred by the data user to a data processor from being kept longer than is necessary for processing of data (in the case of DPP2); and

2. unauthorized or accidental access, processing, erasure, loss or use of any personal data transferred by the data user to a data processor for processing.

iii. Penalties. Failure to comply the new requirements constitutes a breach of DPP which is not an offence on its own. If the Privacy Commissioner issues an enforcement notice to a data user who is in breach of a DPP, the data user commits an offence if it fails to comply with the enforcement notice.

C) PRACTICAL STEPS

i. A data user should review all the contracts signed by it with data processors to ensure that they contain the necessary contractual terms for the purposes of DPP2 and DPP4.

ii. It is also advisable for a data user to review and, where appropriate, strengthen its policies and procedures for appointing data processors and overseeing their performance on an ongoing basis, in light of the heightened effort under the Amendment Ordinance to require data users to be responsible for their data processors.

Enforcement notice

A) INCREASED POWER TO IMPOSE ENFORCEMENT NOTICE AND INCREASED PENALTIES

The Amendment Ordinance introduces the following changes in relation to enforcement notices, increasing the Privacy Commissioner's power over data users in breach of requirements under the PDPO:

i. May issue enforcement notice whether contravention is likely to continue or repeat. Under the PDPO before the Amendment Ordinance, the Privacy Commissioner is empowered to issue an enforcement notice where, following an investigation, it is of the opinion that a data user (1) is contravening a requirement under the PDPO or (2) has contravened a requirement under the PDPO and is likely to continue or repeat the contravention. The Amendment Ordinance removes the requirement that the contravention is likely to continue or repeat.

ii. Heavier penalties for repeat offenders. Under the PDPO before the Amendment Ordinance, a data user who contravenes an enforcement notice commits an offence and is liable to a fine of up to HK$50,000 (and a daily fine of HK$1,000 for a continuing offence) and imprisonment for up to two years. The Amendment Ordinance introduces a heavier penalty for repeat offenders (i.e. a data user who contravenes multiple enforcement notices). The penalty for the first conviction remains at the same level as aforesaid. The penalty for a subsequent conviction is increased to a fine of up to HK$100,000 (and a daily fine of HK$2,000 for a continuing offence) and imprisonment for up to two years.

iii. New offence for contravening enforcement notice after initial compliance. The Amendment Ordinance introduces a new offence which, in practice, gives continuing effect on an enforcement notice. It is now an offence if a data user, having complied with an enforcement notice, intentionally does the same act or makes the same omission in contravention of the requirement as specified in that enforcement notice. This offence is punishable by a fine of up to HK$50,000 (and a daily fine of HK$1,000 for a continuing offence) and imprisonment for up to two years.

B) PRACTICAL STEPS

In view of the increased powers of the Privacy Commissioner to impose enforcement notices and the increased penalties for breach of enforcement notices, a data user should review and, where appropriate, strengthen its policies and procedures for complying with enforcement notices and generally for complying with the applicable requirements under the PDPO. Particular attention should be given to designing and implementing suitable measures to prevent recurrence of offending acts or practices.

Legal assistance for aggrieved individuals

A) PRIVACY COMMISSIONER MAY GRANT ASSISTANCE ON APPLICATION

The Amendment Ordinance empowers the Privacy Commissioner to provide various forms of legal assistance to a person who has a right to claim compensation under the PDPO from a data user for damages suffered by him as a result of the data user's contravention of the PDPO. That person may apply to the Privacy Commissioner for legal assistance and the Privacy Commissioner may grant legal assistance if he thinks fit having regard to the relevant circumstances in particular, without limitation:

i. if the case raises a question or principle; or

ii. if it is unreasonable, having regard to the complexity of the case or the applicant's position in relation to the respondent or other parties involved in the case, to expect the applicant to deal with the case unaided.

B) FORM OF ASSISTANCE THAT MAY BE GRANTED

The Privacy Commissioner may assist by:

i. giving advice;

ii. arranging for advice or assistance to be given by a solicitor or counsel;

iii. arranging for representation by a solicitor or counsel and provision of assistance in the steps preliminary or incidental to any proceedings, or in reaching a compromise to avoid or end any proceedings; and

iv. giving any other form of assistance as he considers appropriate.

Originally published on 26 July 2012

Keywords: PDPO. Personal Data, Amendment Ordinance

Learn more about our Hong Kong office and Business & Technology Sourcing , Financial Services Regulatory & Enforcement, Insurance practices.

Visit us at www.mayerbrownjsm.com

Mayer Brown is a global legal services organization comprising legal practices that are separate entities (the Mayer Brown Practices). The Mayer Brown Practices are: Mayer Brown LLP, a limited liability partnership established in the United States; Mayer Brown International LLP, a limited liability partnership incorporated in England and Wales; Mayer Brown JSM, a Hong Kong partnership, and its associated entities in Asia; and Tauil & Chequer Advogados, a Brazilian law partnership with which Mayer Brown is associated. "Mayer Brown" and the Mayer Brown logo are the trademarks of the Mayer Brown Practices in their respective jurisdictions.

© Copyright 2012. The Mayer Brown Practices. All rights reserved.

This article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein. Please also read the JSM legal publications Disclaimer.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
Similar Articles
Relevancy Powered by MondaqAI
 
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Topics
 
Similar Articles
Relevancy Powered by MondaqAI
Related Articles
 
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions