of, the sender.
(3) A person may send or instigate the sending of
electronic mail for the purposes of direct marketing
where
(a) the person has obtained the contact details
of the recipient of that electronic mail in the
course of the sale or negotiations for the
sale of a product or service to that recipient;
(b) the direct marketing is in respect of that
person’s similar products and services only;
and
(c) the recipient has been given a simple
means of refusing (free of charge except for
the costs of the transmission of the refusal)
the use of his or her contact details for the
purposes of the direct marketing, at the
time that the details were initially collected,
and, where he or she did not initially refuse
the use of the details, at the time of each
subsequent communication.
(4) A subscriber shall not permit his or her line to
be used in contravention of subsection (2).
Use of elec
tronic mail for
direct mar
keting pur-poses
where the
identity or
address of the
sender is
concealed
159. A person shall not transmit, or instigate the
transmission of, a communication for the purposes
of direct marketing by means of electronic mail
where
(a) the identity of the person on whose behalf
the communication has been sent has been
disguised or concealed; or
(b) a valid address to which the recipient of the
communication may send a request that the
communications cease has not been
provided.
Information to
be provided for
the purposes of
direct marketing
160. (1) Where a public communications service is
used for the transmission of a communication for
direct marketing purposes, the person using, or
152