30 Electronic Transactions No. 33 (2) A person who sends electronic commercial communication to a consumer shall provide the consumer__ (a) with an option to unsubscribe from the mailing list of that person; and (b) at the request of the consumer, the identifying particulars of the source from which that person obtained the consumer's personal information. (3) A recipient shall have the opportunity to object, free of charge, to the use of his personal data for prospection purposes by a data controller. (4) A person who contravenes subsection (1) commits an offence and shall, upon conviction, be liable to a fine of K2,000,000 and imprisonment for five years. (5) A person who sends unsolicited commercial communications to another person or who continues to send unsolicited commercial communications to a person after unsubscribing in accordance with subsection (2)(a) commits an offence and shall, upon conviction, be liable to a fine of K1,000,000 and imprisonment for twelve months. (6) The provisions of subsection (1) and (2) shall not apply where__ (a) the sender of the electronic message has obtained the personal data of the recipient in the course of negotiations for the sale of the product or the provision of the service referred to in the electronic message; or Scope of application of financial provisions No.15 of 2016 (b) the commercial solicitation is directly linked to the product or the service. 43.__(1) Subject to the Payment Systems Act, 2016, and any financial services law, the provisions of this Part shall apply to any supply of electronic financial services without prejudice to application of__ (a) specific legal and regulatory obligations applicable to certain financial products, instruments or services; and (b) other provisions applicable to contracts concluded between natural persons or a supplier and a consumer. (2) The Minister of Finance, on recommendation from the Authority and the Governor of the Reserve Bank of Malawi, shall make regulations defining specific obligations with regards to online banking.

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