PART IIIExemptions: Interpretation and Application

Interpretation: communications6

In this Order—

a

any reference to a communication is a reference to the communication, in the course of business, of an invitation or inducement to engage in investment activity;

b

any reference to a communication being made to another person is a reference to a communication being addressed, whether orally or in legible form, to a particular person or persons (for example where it is contained in a telephone call or letter);

c

any reference to a communication being directed at persons is a reference to a communication being addressed to persons generally (for example where it is contained in a television broadcast or web site);

d

communicate” includes causing a communication to be made or directed;

e

a “recipient” of a communication is the person to whom the communication is made or, in the case of a non-real time communication which is directed at persons generally, any person who reads or hears the communication;

f

electronic commerce communication” means a communication, the making of which constitutes the provision of an information society service;

g

incoming electronic commerce communication” means an electronic commerce communication made from an establishment in an EEA State other than the United Kingdom;

h

outgoing electronic commerce communication” means an electronic commerce communication made from an establishment in the United Kingdom to a person in an EEA State other than the United Kingdom.