PDPA Rules & Requirements
Guidelines You Should Know
Main Advisory Guidelines
6 Examples on Requiring Consent for Marketing Purposes
- the individual gives, or is deemed to have given consent to the collection, use or disclosure, as the case may be; or
- the collection, use or disclosure, as the case may be, without the consent of the individual is required or authorised under PDPA or any other written law.
For this section, we shall focus on the requirement of consent from the individual. You can learn more about consent obligation under the 9 obligations of organisation under PDPA.
Definition of Marketing Purposes
“Marketing Purposes” are marketing requiring an individual’s consent for:
- sending marketing materials to the individual (whether by post, text, voice call, email or otherwise); or
- using the individual’s personal data for any other marketing activities by the organisation (e.g. publishing customers’ personal data in publicity materials).
There are altogether 7 examples provided by PDPC guidelines. We summarised them into 6 catergories which served only as reference below:
Scenario
Sam signs up with car cleaning Company ABC. Company ABC has a condition of providing its service that it will share Sam’s personal data such as his name, and residential address with 3rd party marketing agencies in order for the agencies to mail Sam marketing information about products offered by Company ABC.
Treatment
Such a requiring consent is not reasonable because Sam’s intention was to get his car cleaned. There should not be attached reasons for him to provide such a consent as the purpose of providing his personal data is out of scope.
Alternate Solution
Company ABC can ask Sam if he would like to receive such marketing information from a 3rd party marketing agencies. Sam can agree or refuse to such an offer. Making it a condition is beyond what is reasonable in providing car cleaning services.
Scenario
Company ABC provides various educational and enrichment courses.
For every student to enrols with Company ABC, there is a condition to provide consent for Company ABC to collect, use and disclose his/her name, photograph and school examination scores in Company ABC’s publicity and marketing materials.
Treatment
Students enrol for educational and enrichment courses. The condition to provide consent (compulsory) to use the personal data for publicity and marketing purposes is not reasonable because this condition itself has nothing to do with the courses.
Alternate Solution
Company ABC can ask for consent if the student and/or parent agrees to use their personal data for publicity and marketing purposes. It should not be made a condition for joining the educational and enrichment courses.
Scenario 1
Stella enrolled herself with Company ABC in a weight management programme. Company ABC then offers Stella the option of receiving a complimentary digital weighing machine on the condition that Stella consents to the collection, use and disclosure of her photo, name and testimony in publicity and marketing materials to market its weight management programme.
Treatment 1
Company ABC did right by seeking consent and offer an option to Stella. The collection, use and disclosure for publicity and marketing purpose is beyond what Stella enrolled for – weight management. Stella can agree to the use of her personal data and accept the complimentary gift. Or she can rejects the offer and Company ABC cannot use her personal data for publicity and marekting purposes.
Scenario 2
Shoppers at Shopping Centre ABC can redeem a 2-hour complimentary parking coupon with every $100 spent.
Shopping Centre ABC informs shoppers who choose to redeem the complimentary parking coupon must provide consent for the shopping centre to send SMSes about promotions by its shopping centre tenants to his Singapore telephone number.
Treatment 2
Shopping Centre has to seek consent to send SMSes to the shoppers if they would like the complimentary parking coupon. Shoppers who buy into the idea of getting complimentary parking coupon then provide their consent. If they do not want the complimentary parking coupon, then they do not need to provide consent.
Scenario
Company ABC releases a free mobile app in addition to a paid version.
Company ABC’s terms and conditions to the app says individuals who download the app must consent to the collection and use of their name and email address for the purpose of sending them marketing emails about Company ABC’s products and services.
Treatment
Individuals who want the free app shall provide such consent as per Company’s request. Alternatively, individuals who do not want the free app need not provide the consent.
Scenario
At a road show, Company ABC offers customers who spent more than $100 a $20 storewide voucher on the condition that they consent to receiving marketing SMSes from Company ABC about its products through their telephone numbers.
Treatment
Customers who wish to get the voucher can consent the receiving such SMSes as asked by the company. Customers who do not want the voucher need not provide the consent.
Scenario
To attract more customers, Fashion Retailer ABC makes it a condition for every customer who wants to participate in a lucky draw it is administering to provide consent to the collection and use of his name and email address for the purpose of sending him marketing emails about Fashion Retailer ABC’s products and services.
Treatment
Customers who want to participate in the lucky draw can provide consent to the collection and use of his name and email address for the purpose of sending marketing emails about Fashion Retailer ABC’s products and services. Customer also has the option to not participate in the lucky draw, which in the case, does not need to provide consent.
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