TABLE 2 Matters Exempted from Application of Part 2 of Ordinance
Column 1
Column 2
Item
Description of exempt matter
Conditions to which exemption is subject
1.
Any commercial electronic message sent to a person that meets the following conditions—
(a) the message is sent in response to information communicated to the sender by that person (including but not limited to information communicated through the Internet);
(b) the information is communicated to the sender by that person either directly or in consequence of the conduct of that person;
(c) the message would not have been sent but for the communication of that information; and
(d) the message is of a kind that the person would normally expect to receive as a result of the communication of that information.
The exemption is subject to the condition that the commercial electronic message is sent to the person within a reasonable time after the information is communicated to the sender by that person.
2.
Any electronic message the primary purpose of which is—
(a) to facilitate, complete or confirm a commercial transaction that the recipient has previously agreed to enter into with the sender;
