Catalog / Sends faxes / LXD-5095

Sends faxes, in Hong Kong

Control of Exemption Clauses Ordinance, sections 7, 8, 10 and 11, limits on excluding liability for negligence and for defective goodssince 8 lines

Control of Exemption Clauses Ordinance (Cap. 71), ss. 7-8, 10-11 · Read the law's page

  • Do not rely on a contract term or a notice to exclude or restrict your liability for death or personal injury resulting from negligence; such a term or notice has no effect (s. 7(1)).
  • A term or notice that excludes or restricts your liability for other loss or damage resulting from negligence is effective only in so far as it satisfies the requirement of reasonableness, and a person's agreement to or awareness of it is not of itself voluntary acceptance of the risk (s. 7(2), (3)).
  • Where the other party deals as consumer or on your written standard terms of business, a term that excludes or restricts your liability for your own breach, or that lets you perform differently from what was reasonably expected or not at all, is effective only in so far as it satisfies the requirement of reasonableness (s. 8).
  • Do not use a term or notice in a guarantee of consumer goods to exclude or restrict liability for loss or damage from a defect that results from the negligence of a person concerned in the manufacture or distribution of the goods (s. 10(1)).
  • Against a person dealing as consumer, you cannot exclude or restrict liability for breach of the seller's undertakings as to description, sample, quality or fitness for purpose under sections 15 to 17 of the Sale of Goods Ordinance (s. 11(2)).
  • Against a business buyer, an exclusion of the sections 15 to 17 undertakings is effective only in so far as it satisfies the requirement of reasonableness (s. 11(3)).
  • Sections 7 and 8 do not apply to a contract so far as it relates to the creation or transfer of a right or interest in a copyright, patent, trade mark, registered design, technical or commercial information or other intellectual property (Sch. 1, s. 1(c)).
  • These limits bind only business liability, meaning liability for breach of obligations or duties arising from things done or omitted in the course of a business (s. 2(2)).
Electronic Transactions Ordinance, section 18, an electronic record sent automatically by an information system programmed by or for the originator is the originator'ssince 2 lines

Electronic Transactions Ordinance (Cap. 553), s. 18 · Read the law's page

  • Treat an electronic record that an information system programmed by you or on your behalf sends automatically as your own record as originator, unless you and the addressee have agreed otherwise (s. 18(1)(c)).
  • Do not read the attribution rule as changing the law of agency or the law on the formation of contracts, which it leaves as they stand (s. 18(2)).
Personal Data (Privacy) Ordinance, use and provision of personal data in direct marketingsince 5 lines

Personal Data (Privacy) Ordinance (Cap. 486), Part 6A, ss. 35C-35L · Read the law's page

  • Before using a person's personal data in direct marketing, tell them you intend to, that you may not unless they consent, the kinds of personal data and classes of marketing subjects, and give them a free channel to consent (section 35C).
  • Do not use personal data in direct marketing without the data subject's consent, and confirm an oral consent in writing within 14 days (section 35E).
  • Tell a data subject, when first using their personal data in direct marketing, that you must stop free of charge if they ask, and stop when they require it (sections 35F and 35G).
  • Do not provide personal data to another person for use in direct marketing without the data subject's written consent, after giving the written information section 35J requires (sections 35J and 35K).
  • Stop providing a data subject's personal data to others for direct marketing, and notify recipients in writing to stop using it, when the data subject requires it (section 35L).
Unsolicited Electronic Messages Ordinance, do-not-call registers and calling line identificationin force3 lines

Unsolicited Electronic Messages Ordinance (Cap. 593), ss. 11 and 13 and Schedule 1 · Read the law's page

  • Check the Communications Authority's do-not-call register before sending a commercial electronic message with a Hong Kong link, and do not send to a listed address unless its registered user has consented or it was listed less than 10 working days before (section 11).
  • Do not conceal or withhold the calling line identification information of the telephone or facsimile number from which you send a commercial electronic message (section 13).
  • A live person-to-person call with no pre-recorded or synthesized element is outside the Ordinance, and so is one whose pre-recorded or synthesized element is activated in response to the caller's input; a pre-recorded or synthesized message sent without person-to-person interaction is inside it (Schedule 1, Table 1).
Unsolicited Electronic Messages Ordinance, address-harvesting software, harvested-address lists and related activitiesin force4 lines

Unsolicited Electronic Messages Ordinance (Cap. 593), ss. 14-20 · Read the law's page

  • Do not supply, acquire or use address-harvesting software or a harvested-address list to send commercial electronic messages with a Hong Kong link without the consent of the registered users of the addresses (sections 15-17).
  • Do not send a commercial electronic message with a Hong Kong link to an electronic address obtained by an automated process that generates possible addresses by combining letters, characters, numbers or symbols (section 18).
  • Do not use scripts or other automated means to register for 5 or more electronic mail addresses from which to send more than 100 commercial electronic messages in 24 hours or more than 1,000 in 30 days without the recipients' consent (section 19).
  • Do not relay or retransmit multiple commercial electronic messages with intent to deceive or mislead recipients or a telecommunications service provider as to their source (section 20).
Unsolicited Electronic Messages Ordinance, sender information, unsubscribe facility and subject headingsin force6 lines

Unsolicited Electronic Messages Ordinance (Cap. 593), ss. 8-10, 12 and 58 · Read the law's page

  • Include in every commercial electronic message with a Hong Kong link clear and accurate information identifying, and giving a way to contact, the individual or organization that authorized it, valid for at least 30 days (section 8).
  • Include a clear and conspicuous statement and a free unsubscribe facility that can receive requests for at least 30 days after sending (section 9(1)).
  • Stop sending, and stop authorizing others to send, commercial electronic messages to an address within 10 working days after an unsubscribe request, unless the recipient has consented since (section 10).
  • Keep a record of each unsubscribe request, in the format received or one that represents it accurately, for at least 3 years (section 9(3)).
  • Do not use a subject heading on a commercial electronic mail message that would be likely to mislead the recipient about a material fact (section 12).
  • Do not use information obtained from an unsubscribe request for any purpose other than complying with sections 9 and 10 (section 58(1)).

Revisions

An entry gets a new revision when a law in it is added, removed, amended or reworded in the law library. The ID stays the same.

  1. Revision 1, : the entry was first published.

See also

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