XYZ Trading Limited was engaged in the sale of electronic outdoor products via. on-line and retail outlets in Hong Kong. One month ago, ABC Trading Limited (the "Company") acquired the business of XYZ Trading Limited and became a wholly-owned subsidiary of the Company. Therefore, the Company obtained the full customers' list (the "List") from its newly owned subsidiary and the List contained customers' details including full name, telephone number, residential and e-mail address and full date of birth. The Company planned to send mail or e-mails to the customers on the List and announced that XYZ Trading Limited was now operated by the Company and to promote their electronic sport appliances. According to the List, some customers were residing in France and Germany.

Recently, the Company signed the co-operation agreement with the third-party organization. According to this agreement, the Company would provide the List to the third-party organization in order to allow it to conduct marketing research & analysis and to promote its digital products by using the customers' telephone number. For every successful of sale, the Company could earn 15% commission.

REQUIRED:

Critically evaluate the legality of the above direct marketing activities and the provision of personal data to the third-party organization for direct marketing with reference to the Personal Data (Privacy) Ordinance and other related Hong Kong legislation. Make appropriate assumptions where necessary. (Note: Refer to relevant case law, where appropriate, to support the evaluation of the case)