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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