The Unsolicited Electronic Messages Ordinance ("the UEMO") has fully commenced on 22 December 2007. Now, senders of commercial electronic messages are required:
- to provide clear and accurate sender information in the message;
- to provide an unsubscribe facility and an unsubscribe facility statement in the message;
- to honour unsubscribe requests within ten (10) working days after the request has been sent;
- not to send commercial electronic messages to any telephone or fax number registered in the Do-not-call Registers starting from the tenth (10) working day of its registration, unless consent has been given by the registered user of the relevant telephone or fax number;
- not to hide the calling line identification information when sending messages from telephone or fax numbers; and
- not to send email messages with misleading subject headings.
In addition, the UEMO also prohibits:
- the use of unscrupulous techniques to expand the reach of commercial electronic messages; and
- fraud and other illicit activities related to the sending of multiple commercial electronic messages.
If the sender is found to have contravened any rules for sending commercial electronic messages, CA may issue an enforcement notice to the sender. A sender who contravenes the enforcement notice, upon first conviction, is liable to a fine up to HK$100,000.
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