MACAU SAR, CHINA Law and Practice Contributed by: Pedro Cortés and Luís Rôlo, Lektou – Advogados e Notários
The PDPA may apply where data processed may relate to an identified or identifiable natural person. 3.2 Interaction of Data Regulation and Data Protection Macau has not enacted laws relating to processing of non-personal data. 3.3 Rights and Obligations Under Applicable Data Regulation Macau has not enacted laws relating to processing of non-personal data. 3.4 Regulators and Enforcement Macau has not enacted laws relating to processing of non-personal data. Cookies that are strictly necessary for the operation of a website may be lawfully used without any special requirements, under Article 6 of the PDPA. Other cookies may only be used with the consent of the data subject. In respect of other categories of personal data, the data subject has the right to be informed of the pur - poses of the cookies, the recipients or categories of recipients, and whether accepting cookies is obligato - ry or voluntary, as well as the possible consequences of rejecting the cookies. The controller must ensure that consent is freely given, specific and informed. 4.2 Personalised Advertising and Other Online Marketing Practices Personalised advertising involves gathering informa - tion about the data subject. 4. Sectoral Topics 4.1 Use of Cookies As a minimum, upon collection of the relevant per - sonal data, the data subject must be informed that their data may be used for the purpose of selecting goods or services that will be advertised to them later. Online marketing or any other form of direct marketing is subject to the provision of Article 12 (2) of the PDPA: The data subject has the right to object, on request
and free of charge, to the processing of personal data relating to him which the controller anticipates being processed for the purposes of direct marketing or any other form of commercial research, or to be informed before personal data is disclosed for the first time to third parties for the purposes of direct marketing or for use on behalf of third parties, and to be expressly offered the right to object free of charge to such dis - closure or uses. Advertisers should also take into account the provi - sions of Law No 7/89/M, as republished by Law No 26/2024 (Advertising activity), restricting some prac - tices and the advertising of some goods and services in Macau. 4.3 Employment Privacy Law Labour relations in Macau are regulated by Law No 7/2008. Article 8 (Protection of privacy) stipulates that (i) the employer and the employee should mutually respect each other’s personal rights, in particular, the rights to protect the privacy of their personal lives and (ii) the right to privacy relates to access to and disclosure of information relating to the private and personal lives of either party, such as their respective family life, emo - tional and sexual lives, state of health and their politi - cal and religious convictions. On the other hand, the PDPA stipulates, in Article 7 (1) (Sensitive data) that the processing of personal data revealing (…) trade-union membership (…) shall be prohibited. Exceptions to this are provided in the case where: • the data subject has given his explicit consent for such processing (Article 7 (2 (3))); and • it is carried out with the data subject’s consent in the course of its legitimate activities by a legal person or non-profit seeking body with a (…) trade-union aim and on condition that the process - ing relates solely to the members of the body or to persons who have regular contact with it in con - nection with its purposes and that the data is not disclosed to a third party without the consent of the data subjects.
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