14.
(1) For the purposes of section 37 (1) of the Act, a data controller or data processor shall be considered to use personal data for commercial purposes where personal data of a data subject is used to advance commercial or economic interests, including inducing another person to buy, rent, lease, join, subscribe to, provide or exchange products, property, information or services, or enabling or effecting, directly or indirectly, a commercial transaction.
(2) A data controller or data processor is considered to use personal data to advance commercial interests where personal data is used for direct marketing through—
(a) sending a catalogue through any medium addressed to a data subject;
(b) displaying an advertisement on an online media site where a data subject is logged on using their personal data; or
(c) sending an electronic message to a data subject about a sale, or other advertising material relating to a sale, using personal data provided by a data subject.
(3) Marketing is not direct where personal data is not used or disclosed to identify or target particular recipients.
