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Electronic Transactions
No. 33
(2) A person who sends electronic commercial communication to
a consumer shall provide the consumer__
(a) with an option to unsubscribe from the mailing list of that
person; and
(b) at the request of the consumer, the identifying particulars of
the source from which that person obtained the consumer's
personal information.
(3) A recipient shall have the opportunity to object, free of charge,
to the use of his personal data for prospection purposes by a data
controller.
(4) A person who contravenes subsection (1) commits an offence
and shall, upon conviction, be liable to a fine of K2,000,000 and
imprisonment for five years.
(5) A person who sends unsolicited commercial communications
to another person or who continues to send unsolicited commercial
communications to a person after unsubscribing in accordance
with subsection (2)(a) commits an offence and shall, upon
conviction, be liable to a fine of K1,000,000 and imprisonment for
twelve months.
(6) The provisions of subsection (1) and (2) shall not apply
where__
(a) the sender of the electronic message has obtained the
personal data of the recipient in the course of negotiations for the
sale of the product or the provision of the service referred to in
the electronic message; or
Scope of
application
of financial
provisions
No.15 of 2016
(b) the commercial solicitation is directly linked to the product
or the service.
43.__(1) Subject to the Payment Systems Act, 2016, and any
financial services law, the provisions of this Part shall apply to any
supply of electronic financial services without prejudice to
application of__
(a) specific legal and regulatory obligations applicable to
certain financial products, instruments or services; and
(b) other provisions applicable to contracts concluded between
natural persons or a supplier and a consumer.
(2) The Minister of Finance, on recommendation from the
Authority and the Governor of the Reserve Bank of Malawi, shall
make regulations defining specific obligations with regards to
online banking.