46 No. 23708 Act No. 25,2002 GOVERNMENT GAZETTE, 2 AUGUST 2002 ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT, 2002 ( a ) with the option to cancel his or her subscription to the mailing list of that person; and ( 6 ) with the identifying particulars of the source from which that person obtained the consumer’s personal information, on request of the consumer. (2) No agreement is concludedwhere a consumer has failed to respond to an 5 unsolicited communication. (3) Any person who fails to comply with or contravenes subsection (1 ) is guilty of an offence and liable, on conviction, to the penalties prescribed in section 89( 1). (4) Any person who sends unsolicited commercial communications to a person who has advised the sender that such communications are unwelcome, is guilty of an offence 10 and liable, on conviction. to the penalties prescribed in section 89(1). Performance 46. (1) The supplier must execute the orderwithin 30 days after the dayon which the supplier received the order, unless the parties have agreed otherwise . (2) Where a supplier has failed to execute the order within 30 days or within the 15 agreed period. the consumer may cancel the agreement with seven days’ written notice. (3) If a supplier is unable to perform in terms of the agreement on the grounds that the goods or services ordered are unavailable. the supplier must immediately notify the consumer of this fact and refund any payments within 30 days after the date of such 20 notification. Applicability of foreign law 47. The protection provided to consumers in this Chapter, applies irrespective of the legal system applicable to the agreement in question. Non-exclusion 48. Any provision in an agreement which excludes any rights provided for in this 25 Chapter is null and void. Complaints to Consumer Affairs Committee 49. A consumer may lodge a complaint with the Consumer Affairs Committee in respect of any non-compliance with the provisions of this Chapter by a supplier. CHAPTER VI11 30 PROTECTION OF PERSONAL INFORMATION Scope of protection of personal information 50. (1) This Chapter only applies to personal infommion that has been obtained through electronic transactions. ( 3 )A data controller may voluntarily subscribe to the principles outlined in section 5 1 35 by recording such fact in any agreement with a data subject. ( 3 )A data controller must subscribe to all the principles outlined in section 5 1 and not merely to parts thereof. (4) The rights and obligations of the parties in respect of the breach of the principles outlined in section 5 1 aregoverned by theterms of any agreement betweenthem. 40 Principles for electronically collecting personal information 51. (1) A data controller musthave the express written permission of the data subject