The code will take effect when both the Unsolicited Electronic Messages Ordinance Phase 2, which concerns the rules for sending commercial electronic messages, and the Unsolicited Electronic Messages Regulation come into operation on December 22.
Phase one of the ordinance, which covers offences concerning the use of unscrupulous techniques to reach out to more recipients, and fraudulent and other illicit activities related to the sending of multiple commercial electronic messages, came into effect in June.
The code of practice can be downloaded here. Commercial electronic message senders should read the code in conjunction with the ordinance and the regulation. Senders should review their existing practice and service platforms and ensure they will comply with the legal requirements.
Senders should also note the three do-not-call registers for fax, short messages on telephone and pre-recorded phone messages will launch in phases in December. When the registers come into operation, senders should not send commercial electronic messages to the numbers which have been listed on the registers unless they have obtained consent from the recipients.
Senders who wish to subscribe to the registers for vetting their sending lists against the registers will have to pay a $1,600 annual fee or a $425 quarterly fee for each register.