African Union Legal Instrument f) 3. Page|9 Where the person is member of a regulated profession, the applicable professional rules, his/her professional title, the African Union State Party in which he/she was granted such authorization, as well as the name of the order or professional body with which he/she is registered. Any natural or legal person involved in e-commerce activities, even in the absence of contractual offers, provided the person has posted a price for the said activities, shall clearly and unambiguously indicate such a price, particularly where it includes taxes, delivery and other charges. Article 3: Contractual liability of the provider of goods and services by electronic means E-commerce activities are subject to the law of the State Party in whose territory the person exercising such activity is established, subject to the intention expressed in common by the said person and the recipient of the goods or services. Article 4: Advertising by electronic means 1. Without prejudice to Article 3 any advertising action, irrespective of its form, accessible through an online communication service, shall be clearly identified as such. It shall clearly identify the individual or corporate body on behalf of whom it is undertaken. 2. The conditions governing the possibility of promotional offers as well as the conditions for participating in promotional competitions or games where such offers, competitions or games are electronically disseminated, shall be clearly spelt out and easily accessible. 3. State Parties of the African Union shall prohibit direct marketing through any kind of indirect communication using, in any form, the particulars of an individual who has not given prior consent to receiving the said direct marketing through such means. 4. The provisions of Article 4.2. above notwithstanding, direct marketing by electronic mail shall be permissible where: a) b) c) The particulars of the addressee have been obtained directly from him/her; The recipient has given consent to be contacted by the marketing partners; The direct marketing concerns similar products or services provided by the same individual or corporate body