Performing e-Marketing

To contain the problem of unsolicited electronic messages, the Unsolicited Electronic Messages Ordinance ("UEMO") and the Unsolicited Electronic Messages Regulation ("UEMR") have been enacted in 2007. The UEMO regulates the sending of "commercial electronic messages" with a "Hong Kong link".

"Commercial electronic messages" are defined as electronic messages with purposes, or one of the purposes of, which is, among others, to offer or supply goods, services, facilities, and, business opportunity, or advertise or promote a supplier of goods, services, facilities, land, business opportunity etc.

If a sender considers that the electronic message it intends to send falls within the definition of commercial electronic message of the UEMO and has a Hong Kong link, he/she should take the necessary steps to ensure compliance with the UEMO and the UEMR.

General rules for sending commercial electronic messages

Do

• provide accurate sender information in the message
  
• provide a functional unsubscribe facility with an unsubscribe facility statement in a clear and conspicuous manner
  
• honour recipient's unsubscribe request

Don't

• send message to any telephone / fax number listed on the do-not-call registers, unless consent has been obtained from the registered user of the telephone / fax number
  
• use misleading subject heading for an email message
  
• conceal or withhold the caller line identification information for a voice, fax, SMS/MMS message

To equip the industry with a broad understanding of the requirements under the UEMO and the UEMR and to facilitate their compliance, the Office of the Communications Authority (OFCA) has published "The Unsolicited Electronic Messages Ordinance - An Industry Guide".

You may also wish to visit the Antispam website and the OFCA website for more information about the UEMO, and the Office of the Privacy Commissioner for Personal Data (PCPD) website about the compliance with the requirements of the Personal Data (Privacy) Ordinance.