(a) the originator’s identity and contact details including its place of business, e-mail, addresses and telefax number; (b) a valid and operational opt-out facility from receiving similar communications in future; and (c) the identifying particulars of the source from which the originator obtained the addressee’s personal information. (2) Unsolicited commercial messages may only be sent to addressees where the opt-in requirement is met. (3) The opt-in requirement is met if – (a) the addressee’s e-mail address and other personal information was collected by the originator of the message in the course of a sale or negotiations for a sale; b) the originator only sends promotional messages relating to its similar products and services to the addressee; (c) when the personal information and address was collected by the originator, the originator offered the addressee the opportunity to opt-out (free of charge except for the cost of transmission) and the addressee declined to opt-out; and (d) the opportunity to opt-out is provided by the originator to the addressee with every subsequent message. (4) In spite of any wording in the message concerned, no contract is formed where the addressee has failed to respond to an unsolicited communication. (5) An originator who fails to provide the recipient with an operational opt-out facility referred to in subsections (1)(b) and 3(d) commits an offence. 36