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Unsolicited
goods,
services or
communications
No.13
Electronic Transactions
2015
32.-(1) A person shall not send unsolicited commercial
communication on goods or service unless(a) the consumer consents to the communication;
(b) at the beginning of the communication, the
communication discloses the identity of sender and
its purpose; and
(c) that communication gives an opt-out option to
reject further communication.
(2) The consent requirement is deemed to have been
met where(a) the contact of the addressee and other personal
information were 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 originator offered the addressee the opportunity
to opt-out and the addressee declined to opt-out;
and
(d) an opportunity to opt-out is provided by the
originator to the addressee with every subsequent
message.
(3) An originator who contravenes this section
commits an offence and shall, upon conviction, be liable to a
fine of not less than ten million shillings or to imprisonment
for a term not less than one year or to both.
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