Page 13 is established, subject to the intention expressed in common by the said person and the recipient of the goods or services. Section III: Publicity by electronic means Article I – 8: Any publicity action, irrespective of its form, accessible through on-line communication service, shall be clearly identified as such. It shall clearly identify the individual or corporate body on behalf of whom it is undertaken. Article I – 9: Publicity actions, especially promotional offers such as price discounts, bonuses or free gift, as well as promotional competitions or games disseminated by electronic mail, shall upon receipt be clearly and unequivocally identified in the title of the message by their addressees or, where this is technically impossible, on the body of the message. Article I – 10: The conditions governing the possibility of promotional offers as well as the conditions for participating in promotional competitions or games where such offers, competitions or games are electronically disseminated, shall be clearly spelt out and easily accessible. Article I – 11: Direct prospection through messages forwarded with automatic message sender, facsimile or electronic mail in whatsoever form, using the particulars of an individual who has not given prior consent to receiving the said direct prospection through the means indicated, shall be prohibited in the African Union. Article I – 12: The provisions of Article I – above notwithstanding, direct prospection by electronic mail shall be permissible where: 1) Where the particulars of the addressee have been obtained directly from him/her; and AU Draft0 010111

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