- (a) in a clear and conspicuous manner; and
- (b) in the English language and where the statement is presented in two or more languages, the English language shall be one of the languages.
(5) The electronic mail address, Internet location address, telephone number, facsimile number or postal address referred to in sub-paragraphs (1), (2) and (3) shall be—
- (a) valid and capable of receiving—
- (i) the recipient’s unsubscribe request (if any); and
- (ii) a reasonable number of similar unsubscribe requests sent by other recipients (if any),
- at all times during a period of at least 30 days after the unsolicited commercial electronic message is sent; and
- (b) legitimately obtained.
(6) The use of the electronic mail address, Internet location address, telephone number, facsimile number or postal address referred to in sub-paragraphs (1), (2) and (3) to submit an unsubscribe request shall not cost more than the usual cost of using that kind or a similar kind of electronic mail address, Internet location address, telephone number, facsimile number or postal address, as the case may be, using the same kind of technology as was used to receive the unsolicited commercial electronic message.
(7) Where a recipient submits an unsubscribe request using the facility provided pursuant to this paragraph, no further unsolicited commercial electronic messages shall be sent after the expiration of 10 business days after the day on which the unsubscribe request is submitted.
(8) Any person who receives an unsubscribe request under this paragraph shall not disclose any information contained in the unsubscribe request to any other person, except with the consent of the person whose particulars are contained in the unsubscribe request.
(9) Sub-paragraphs (1) to (7) shall not apply if the unsolicited commercial electronic message is sent, caused to be sent or authorised to be sent by mistake.
Labelling and other requirements
3.—(1) Every unsolicited commercial electronic message shall contain—
- (a) where there is a subject field, a title in the subject field and that title is not false or misleading as to the content of the message;
- (b) the letters “<ADV>” with a space before the title in the subject field, or if there is no subject field, in the words first appearing in the message, to clearly identify that the message is an advertisement;
- (c) header information that is not false or misleading; and
