The Financial Services and Markets Act 2000 (Financial Promotion) Order 2005

Electronic commerce communications: mere conduits, caching and hosting U.K.

18A.  The financial promotion restriction does not apply to an electronic commerce communication in circumstances where—

(a) the making of the communication constitutes the provision of an information society service of a kind falling within [F1 regulation 17(1), 18 or 19 of the Electronic Commerce (EC Directive) Regulations 2002] (“mere conduit”, “caching” and “hosting”); and

(b) [F2 the conditions mentioned in—

(i) regulation 17(1)(a) to (c) of those Regulations (where regulation 17 is the relevant regulation),

(ii) regulation 18(b)(i) to (v) of those Regulations (where regulation 18 is the relevant regulation), or

(iii) regulation 19(a)(i) and (ii) of those Regulations (where regulation 19 is the relevant regulation),

to the extent] that they are applicable at the time of, or prior to, the making of the communication, are or have been met at that time.

Textual Amendments

F1 Words in art. 18A(a) substituted (31.12.2020) by The Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/632), regs. 1(3), 168(2) (with reg. 162(2)) (as amended by S.I. 2020/1301, regs. 1, 3, Sch. para. 33(u) and with savings in S.I. 2019/680, reg. 11 (as amended by S.I. 2019/1212, regs. 1(3), 22(3)); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in art. 18A(b) substituted (31.12.2020) by The Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/632), regs. 1(3), 168(3) (with reg. 162(2)) (as amended by S.I. 2020/1301, regs. 1, 3, Sch. para. 33(u) and with savings in S.I. 2019/680, reg. 11 (as amended by S.I. 2019/1212, regs. 1(3), 22(3)); 2020 c. 1, Sch. 5 para. 1(1)