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Electronic marketing and internet use

Electronic marketing
Are there rules specifically governing unsolicited electronic marketing (spam)?

Yes, the Spam Control Act 2008 regulates unsolicited electronic marketing. In addition, Section 39 the Personal Data Protection Act provides for the Do Not Call Registry. This allows consumers to opt out of marketing messages addressed to Singapore telephone numbers.

Cookies
Are there rules governing the use of cookies?

Not in general, as not all cookies collect personal data. The PDPC is sufficiently clear on the Personal Data Protection Act’s treatment of cookies that collect personal data. If the use of cookies that collect personal data is indispensable (eg, cookies that help to remember a shopper’s financial details to facilitate an online purchase), consent may be deemed to have been voluntarily given by users. If cookies are created to store personal data without the user’s knowledge or consent for behavioural targeting or profiling purposes, valid and unequivocal consent from must be obtained (see Pages 28 - 29 at www.pdpc.gov.sg/docs/default-source/public-consultation/advisory_guidelines_on_selected_topics.pdf?sfvrsn=2).

Although no specific local regulations govern the use of cookies per se, an organisation may be subject to EU laws on cookies. In the European Union, the EU ePrivacy Directive (2002/58/EC) – more specifically, Article 5(3) – requires prior informed consent to store or access information stored on a user's terminal equipment. The location of the user’s computer in which the cookie is placed and not the location of the host or owner of the website may ultimately decide whether EU cookie laws apply (see http://idpl.oxfordjournals.org/content/1/1/28.full#fn-1).

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