Electronic Communications and Transactions
(b)
[No. 4 of 2021 163
a valid and operational optout facility from receiving
similar communications in future;
(c) the identifying particulars of the source from which the
originator obtained the addressee’s personal information;
and
(d) applicable privacy and other user policies.
65. (1) A person may send one unsolicited commercial
communication to a consumer.
(2) A person shall only send a commercial communications to
an address where the optin requirement is met.
(3) The optin requirement is met where the addressee consents
to the receipt of commercial communication and where—
(a) the addressee’s email address, phone number and other
personal information was collected by the originator of
the message in the course of a sale or negotiations for a
sale;
(b) the originator only sends promotional messages relating
to its “similar products and services” to the addressee;
(c) the personal information and address was collected by
the originator, the originator offered the addressee the
opportunity to optout, free of charge except for the
cost of transmission, and the addressee declined to optout; and
(d) the opportunity to optout is provided by the originator
to the addressee with every subsequent message.
(4) A person shall not send a commercial communication on
goods or services unless—
(a) the consumer consents to the communication;
(b) at the beginning of the communication, the sender discloses
the identity of the sender and its purpose; and
(c) that communication gives an optout option to reject further
communication.
(4) A contract is not formed where an addressee does not
respond to commercial communication.
(5) An originator who fails to provide the recipient with an
operational optout facility under subsections (2)(c) and (d) commits
and offence.
Unsolicited
goods,
services or
communications
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