HUNGARY Law and Practice Contributed by: Adam Liber and Tamás Bereczki, PROVARIS Varga & Partners
Permission-based electronic marketing mes - sages and communications with social, societal aims are subject to the same consent require - ments as applicable to direct marketing com - munications. • Soft Opt-In: The explicit consent require - ment for electronic direct marketing is general because the soft opt-in exemption (as pro - vided by Art 13 (2) of the ePrivacy Directive) has not been implemented in Hungarian law. Accordingly, if a merchant obtains from its customers their electronic contact details for electronic mail, in the context of the sale of a product or a service, then this merchant may not target the relevant customers with direct marketing communications, unless the cus - tomer consented to such communications. • Withdrawal: Under the Advertising Act, the natural person recipient of the marketing message must be able to withdraw his/her consent/unsubscribe from such communica - tions without any restrictions, free of charge and without providing any explanation. • Record-Keeping Obligations: The Advertising Act states that the advertiser must maintain a record of the personal data of individuals who provided opt-in consent to direct marketing communications. The data contained in these records – relating to the person to whom the advertisement is addressed – may be pro - cessed only for the purpose defined in the statement of consent, until withdrawn, and may be disclosed to third persons only with the explicit consent of the data subject. • Disclosure requirements: Under the Advertis - ing Act, the body of the marketing message must clearly and visibly disclose the opt-out instructions along with an electronic and a postal address to which opt-out requests may be sent. Also, pursuant to the E-Commerce Act, the following disclosure requirements
apply with regard to electronic marketing messages: (a) The message must clearly reflect the commercial/marketing nature of the mes - sage as soon as it is accessible to the data subject. (Practically, the email header must transparently reflect that the email is an ad). (b) The sender must be clearly identifiable. (c) Promotional offers, such as discounts, premiums and gifts, must be clearly iden - tifiable as such, including the conditions which must be met to qualify for them. (d) Promotional competitions or games must be clearly identifiable as such, includ - ing the conditions for participation. The electronic message must also include a link to the conditions of the relevant offers and games. The Act I of 2012 on the Labour Code lays down the general rules governing workplace privacy under its Sections 9 to 11, and these lay down the following conditions for the processing of employee data: • Data Collection Limitation: Employers can only request data from employees that is essential for the establishment, fulfilment, or termination of the employment relationship, or for the enforcement of claims arising from the Labour Code. The data requested from the employee must be directly related to these specific purposes and the employer can only collect the relevant and necessary informa - tion. • Privacy Rights Limitation: An employee’s privacy rights can be limited only if it is strictly necessary for reasons directly related to the purpose of the employment relationship and 4.3 Employment Privacy Law Employment Privacy
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