KUWAIT Law and Practice Contributed by: Alex Saleh, Asad Ahmad, Mohammad Al Awadhi and Liana Rashid, GLA & Company
4.2 Personalised Advertising and Other Online Marketing Practices Spam Messaging In accordance with Article 12 of the CITRA Reg - ulations, the Licensee must have a database in which the receipt of spam messages is ceased upon the request of the user. Licensees send - ing messages for commercial purposes must only do so between the hours of 7am and 10pm Kuwait time. Marketing Practice Pursuant to Article 14 of the User Guidelines, the marketing practices of Licensees must not exploit any consumer or groups on account of their weaknesses, disabilities, ages or lack of knowledge. They must also not use any means of fraud or deception in the advertising of their products and services. When it comes to receiving marketing commu - nications or calls, the Licensees must have duly verified the identity of the recipient user. At the beginning of the communication/call, the Licen - see must: • disclose the sender’s name; • disclose the cause for such communication/ call; and • give the recipient user the option to continue with the communication/call or not. Regulations and Commitments of CSPs The CSP’s privacy policy must inform the user of the procedures to follow should they wish to cancel marketing communication subscriptions. 4.3 Employment Privacy Law Monitoring of Workplace Communications Law No 9/2001 Regarding Misuse of Telecom - munications and Wiretap Sets governs the mat -
ter in question, but there is no specific rule appli - cable to employee monitoring. Telephone conversations may be recorded by employers to deal with any grievances from cus - tomers or clients, in order to ensure that the calls are dealt with professionally and for the pur - poses of training only. In some situations, such recordings may be carried out and reproduced for legal purposes upon an order of the compe - tent court in a situation occurring between third parties and company employees. No applicable laws are in place for monitoring employees’ emails in Kuwait. Private life can - not be violated, so the monitoring and record - ing of such information is considered to be an infringement of rights and a violation of confi - dentiality, which is guaranteed to individuals under the Kuwaiti Constitution. The courts of Kuwait aim to protect citizens and expatriates from all such violations. The employer can draw up a set of rules and regulations that may govern such monitoring for the purpose of safeguard - ing their interests. However, they should restrict it to the official work areas and not infringe on privacy rights, including the protection of per - sonal emails. Such rules and regulations will need to be drawn up and made available to the employee in a handbook that is often provided to newly joined employees for them to understand and abide by. 4.4 Transfer of Personal Data in Asset Deals The E-Transactions Law Under Articles 32 and 35 of the E-Transactions Law, Entities and their employees are expressly required to: • obtain individuals’ consent before accessing, disclosing or sharing personal data; and
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