There are two laws in Hong Kong that provide consumers with appropriate protection against improper practices relating to Direct Mail. These laws are the Personal Data (Privacy) Ordinance, and the Trade Promotion Competition Licence. We would encourage you to familiarize yourself with the requirements of these regulations, so that you can be sure of running your Direct Mail campaigns properly and legally. The requirements are reasonable and are not difficult to comply with, as they keep a good balance between legitimate business practices and fair protection for consumers.

The Privacy Ordinance
For a Direct Mail campaign which deals with the personal data of individuals, it is important that you familiarize yourself with the Privacy Ordinance. The purpose of the Ordinance is to protect the privacy interests of living individuals in relation to personal data. It also contributes to Hong Kong's continued economic well-being by safeguarding the free flow of personal data to Hong Kong from restrictions by countries that already have data protection laws. To find out more, please visit https://www.pcpd.org.hk/english/data_privacy_law/ordinance_at_a_Glance/ordinance.html


Trade Promotion Competition Licence
Sweepstakes or lucky draws have been found to be effective incentives in driving up response rates in Direct Mail campaigns. However, anyone engaged in offering these activities, which are regarded as a trade promotion campaign in Hong Kong that involves an element of chance (e.g. drawing lots, games of chance, etc.), has to apply for a trade promotion competition licence from the Television and Entertainment Licensing Authority (TELA). The key requirements are:

(i)	get a licence from the TELA office before running the campaign,
(ii)	ensure the drawings are done by fair and proper procedures, in the presence of third-party auditors,
(iii)	results are announced within seven days in designated newspapers.

To learn more, please visit http://www.tela.gov.hk

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