MACAU SAR, CHINA Law and Practice Contributed by: Pedro Cortés and Luís Rôlo, Lektou, Advogados e Notários
4. Sectoral Issues 4.1 Use of Cookies
offered the right to object free of charge to such disclosure or uses. Advertisers should also take into account the provisions of Law No 7/89/M, as republished by Law No 26/2024 (Advertising activity), restrict - ing some practices 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: • the employer and the employee should mutu - ally respect each other’s personal rights, in particular, the rights to protect the privacy of their personal lives; and • the right to privacy relates to access to and disclosure of information relating to the pri - vate and personal lives of either party, such as their respective family life, emotional and sexual lives, state of health and their political and religious convictions. On the other hand, the PDPA stipulates, in Arti - cle 7(1) (Sensitive data) that the processing of personal data revealing... trade union member - ship... shall be prohibited. Exceptions to this are provided in the case where: • the data subject has given their explicit con - sent for such processing (Article 7(2)(3)); and • it is carried out with the data subject’s con - sent 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 processing relates solely to the members of the body or to persons who have regular
Cookies that are strictly necessary for the opera - tion 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 con - sent of the data subject. As for other categories of personal data, the data subject has the right to be informed of the purposes of the cookies, the recipients or cat - egories of recipients, and whether accepting cookies is obligatory 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 information about the data subject. As a minimum, upon collection of the rele - vant personal 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 per - sonal data relating to them which the controller anticipates being processed for the purposes of direct marketing or any other form of commer - cial 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
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