Schedule 8

For the purposes of Part 9, a specified message does not include any of the following:

any message sent by a public agency under, or to promote, any programme carried out by any public agency which is not for a commercial purpose;

any message sent by an individual acting in a personal or domestic capacity;

any message which is necessary to respond to an emergency that threatens the life, health or safety of any individual;

any message the sole purpose of which is —

to facilitate, complete or confirm a transaction that the recipient of the message has previously agreed to enter into with the sender;

to provide warranty information, product recall information or safety or security information with respect to a product or service purchased or used by the recipient of the message; or

to deliver goods or services, including product updates or upgrades, that the recipient of the message is entitled to receive under the terms of a transaction that the recipient has previously agreed to enter into with the sender;

any message, other than a message mentioned in sub‑paragraph (d) —

that is sent while the sender is in an ongoing relationship with the recipient of the message; and

the sole purpose of which relates to the subject matter of the ongoing relationship;

any message the sole purpose of which is to conduct market research or market survey;

any message sent to an organisation other than an individual acting in a personal or domestic capacity, for any purpose of the receiving organisation.(2) In sub‑paragraph (1)(e), “ongoing relationship” means a relationship, on an ongoing basis, between the sender and the recipient of the message, arising from the carrying on or conduct of a business or an activity (commercial or otherwise) by the sender.[22/2016; 40/2020]