S.L. 586.1 Art. 9Unsolicited communications.

(1) A person shall not use, or cause to be used, any publicly available electronic communications service to make an unsolicited communication for the purpose of direct marketing by means of -

(a) an automatic calling machine; or

(b) a facsimile machine; or

(c) electronic mail, to a subscriber or user, irrespective of whether such subscriber or user is a natural person or legal person, unless the subscriber or user has given his prior consent in writing to the receipt of such a communication.

(2) Notwithstanding sub-regulation (1), where a person has obtained from his customers their contact details for electronic mail in relation to the sale of a product or a service, in accordance with the Act, that same person may use such details for direct marketing of its own similar products or services: Provided that customers shall be given the opportunity to object, free of charge and in an easy and simple manner, to such use of electronic contact details at the time of their collection and on the occasion of each message where the customer has not initially refused such use.

(3) A person who uses or causes to be used any other means of communication other than those stated in sub-regulations (1) and

(2) for the purpose of direct marketing shall, at no charge to the subscriber or user, ensure that any such communications to a subscriber or user are not sent if the subscriber or user requests that such communications cease.

(4) In all cases the practice of sending electronic mail for the purposes of direct marketing disguising or concealing the identity of the sender on whose behalf the communication is made, which contravene the provisions of regulation 6 of the Electronic Commerce (General) Regulations, or which do not have a valid address to which the recipient may send a request that such communications cease, or which encourage recipients to visit websites that contravene such regulation, shall be prohibited.