Personal Data (Privacy) Ordinance Part 6A—Division 2 6A-12 Section 35E Cap. 486 then section 35C does not apply in relation to the intended use or use by the data user of the data in direct marketing in relation to that class of marketing subjects. (3) In this section— *commencement date (本部生效日期) means the date on which this Part comes into operation; relevant personal data (有關個人資料), in relation to a data subject, means any personal data of the data subject over the use of which a data user had control immediately before the commencement date. Editorial Note: * Commencement date : 1 April 2013 35E. Data user must not use personal data in direct marketing without data subject’s consent (1) A data user who has complied with section 35C must not use the data subject’s personal data in direct marketing unless— (a) the data user has received the data subject’s consent to the intended use of personal data, as described in the information provided by the data user under section 35C(2)(b), either generally or selectively; (b) if the consent is given orally, the data user has, within 14 days from receiving the consent, sent a written confirmation to the data subject, confirming— (i) the date of receipt of the consent; (ii) the permitted kind of personal data; and (iii) the permitted class of marketing subjects; and (c) the use is consistent with the data subject’s consent. (2) For the purposes of subsection (1)(c), the use of personal data is consistent with the data subject’s consent if— Verified Copy Last updated date 5.12.2014