Hong Kong:
Keeping The Heat On Cold (And Warm) Calls – New Proposed Law To Restrict Direct Person-To-Person Telemarketing Calls In Hong Kong
09 May 2019
Hogan Lovells
To print this article, all you need is to be registered or login on Mondaq.com.
On 9 April 2019, the Hong Kong Commerce and Economic Development
Bureau (CEDB) announced a plan to amend the Unsolicited Electronic
Messages Ordinance (UEMO) to extend the regulatory framework to
cover direct person-to-person telemarketing (P2P) calls, including
by establishing a new do-not-call register (DNC Register), and
imposing fines and imprisonment on violators. The Bureau is
currently discussing the proposal with the Department of Justice
and the Legislative Council. The specific timetable for the
proposed legislative amendments is yet to be announced.
We have previously discussed the consultation developments in
relation to P2P calls in the following articles:
Key proposed changes to UEMO
- the current UEMO, members of the
public can opt-out from unsolicited fax, short messaging service
(SMS) messages and pre-recorded telephone calls by registering
their numbers on the three respective DNC Registers. Under the
proposed legislative amendments, an additional DNC Register will be
set up to cover P2P calls by real persons.
|
- Telemarketers are prohibited from
calling the numbers on the new DNC Register.
|
- After a request to unsubscribe from
P2P calls has been made, telemarketers will have to stop dialing
the registered number within 10 working days, and make sure that
the request made is recorded for at least three years.
|
- P2P callers cannot hide their
numbers and will need to provide accurate information, including
who they are representing or the organisation authorising the
call.
|
- law enforcement authority will issue
an enforcement notice when it considers a contravention has taken
place and is likely to continue or, be repeated, and require the
violators to take remedial actions. If the telemarketers fail to
comply with such a notice, they will face a maximum fine of
HK$100,000 for the first conviction, and a maximum HK$500,000 fine
for subsequent convictions.
|
- telemarketers who use telephone
number harvesting software and make P2P calls to numbers
obtained through automated means will face stiffer penalties
– a maximum penalty of HK$1 million and five years
imprisonment.
|
How will this impact telemarketing in Hong Kong?
The proposed changes to UEMO show the government's
determination in controlling telemarketing calls.
One potential impact of the proposed changes is that the
businesses using P2P telemarketing might have to explore
alternative ways of marketing.
Another potential impact is that businesses would need to
further review the way in which they use personal data to
conduct telemarketing. More importantly, businesses need to, have a
mechanism to ensure that telemarketing activities comply with both
the direct marketing regime under the Personal Data (Privacy)
Ordinance and the new DNC Register under the proposed changes to
UEMO. From our experience, having a central, coordinated and
easy-to-update database to capture records of consent/opt-out
indications can be key to achieve compliance with these relevant
laws.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
POPULAR ARTICLES ON: Media, Telecoms, IT, Entertainment from Hong Kong
In-Depth: Gambling Law
GVZH Advocates
Distinguish between the various types of gambling permitted in your jurisdiction – defining as applicable betting, gaming and lotteries. In this regard, classification of gambling products...