Incoming electronic commerce communicationsU.K.
20B.—(1) The financial promotion restriction does not apply to an incoming electronic commerce communication.
(2) Paragraph (1) does not apply to—
(a)a communication which constitutes an advertisement by the operator of a UCITS directive scheme of units in that scheme;
(b)a communication consisting of an invitation or inducement to enter into a contract of insurance, where—
(i)the communication is made by an undertaking which has received official authorisation in accordance with Article 4 of the life assurance consolidation directive or the first non-life insurance directive, and
(ii)the insurance falls within the scope of any of the insurance directives; or
(c)an unsolicited communication made by electronic mail.
[F1(3) In this article, “UCITS directive scheme” means an undertaking for collective investment in transferable securities which is subject to Directive 2009/65/EC of the European Parliament and of the Council of 13th July 2009 on the co-ordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities and has been authorised in accordance with Article 5 of that Directive.]
(4) For the purposes of this article, a communication by electronic mail is to be regarded as unsolicited, unless it is made in response to an express request from the recipient of the communication.
Textual Amendments
F1Art. 20B(3) substituted (1.7.2011) by The Undertakings for Collective Investment in Transferable Securities Regulations 2011 (S.I. 2011/1613), reg. 1, Sch. para. 7(2)