Hong Kong
OFCA lists SMS and email under the UEMO. WhatsApp is not confirmed.
The UEMO covers commercial messages sent over SMS, email, fax or pre-recorded voice that have a Hong Kong link. We have not confirmed whether it reaches app-based messages. Sources and dates are below.
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The rules that matter here
Marketing email, texts and calls
- OFCA says the Unsolicited Electronic Messages Ordinance (UEMO) covers messages with a commercial purpose, sent over a public telecommunications service (such as SMS, email, fax or pre-recorded voice), with a Hong Kong link. Listed exemptions include person-to-person calls and transaction confirmations such as invoices.[1]
- Under UEMO a sender must include sender information, provide and describe an unsubscribe facility, stop sending to addresses that have unsubscribed, and not send commercial electronic messages to addresses on the do-not-call registers.[1]
- A 2009 government reply to the Legislative Council says there are three registers (fax, short messages, and pre-recorded telephone messages) and that protection begins on the tenth business day after a number is registered.[2] Note: 2009 source; check OFCA for current practice.
Personal data
- PCPD: under the Personal Data (Privacy) Ordinance, using personal data for direct marketing requires informing the person of the intended use and the kinds of data, and providing a way to opt out; silence is not consent. Penalties reach HK$500,000 and 3 years, or HK$1,000,000 and 5 years where data is provided to a third party for gain.[3]
- PCPD: Data Protection Principles 2 and 4 expect a data user to use contractual or other means to ensure a data processor complies with retention and security requirements.[3]
Billing across borders
- Hong Kong's Financial Services and the Treasury Bureau states Hong Kong has profits tax, property tax and salaries tax and no value-added or sales tax, so there is no VAT/GST for a Hong Kong business to account for on a foreign invoice.[4] Note: Covers VAT/sales tax only. Profits-tax deductibility of the fee is a question for the customer's accountant.
Time zone and language
Hong Kong Time, 2.5 hours ahead of India: 10 a.m. for our team is 12:30 p.m. there. Languages: Chinese, English. Our own context, not a sourced rule.
What buyers here ask
Do Hong Kong's anti-spam rules cover WhatsApp or business email?
OFCA's FAQ lists SMS, email, fax and pre-recorded voice over a public telecommunications service as covered, when a message has a commercial purpose and a Hong Kong link. We have not confirmed how it treats app-based messaging, so ask OFCA or an adviser.
What must every marketing message contain?
Per OFCA, every message needs sender information and an unsubscribe facility, and the message must describe it. You must stop sending once someone unsubscribes.
Is there VAT or GST on your invoice?
Hong Kong has no value-added or sales tax, according to the Financial Services and the Treasury Bureau, so there is no VAT or GST for a Hong Kong business to account for on a foreign invoice. Whether the fee is deductible for profits tax is a question for your accountant.
Do I need a contract with a vendor that processes my customers' data?
PCPD's principles expect contractual or other means to make sure a data processor meets retention and security requirements. We hold no processing agreement today; a person will confirm whether we can sign one, and on what terms.
These answers draw only on the sources listed on this page, last verified 2026-10-02.
Same on every market page: Prices (US dollars, fixed), WhatsApp opt-in rules, how this research is made. We list prices in US dollars. Invoicing in Hong Kong dollars is not confirmed; ask on the Talk to us call.
Sources
- ofca.gov.hk retrieved back
- info.gov.hk retrieved back
- pcpd.org.hk retrieved back
- fstb.gov.hk retrieved back
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