(1) Subject to paragraph (2), a person shall not use or cause to be used any publicly available electronic communications service to send to a subscriber or user who is a natural person an unsolicited communication for the purpose of direct marketing by means of -

(a) an automated calling machine,

(b) a facsimile machine, or

(c) electronic mail,

unless the person has been notified by that subscriber or user that he or she consents to the receipt of such a communication.

(2) Notwithstanding paragraph (1) and subject to paragraph (4), the use of electronic mail to send an unsolicited communication for the purpose of direct marketing to a natural person does not include an electronic mail to an email address that reasonably appears to the sender to be an email address used mainly by the subscriber or user in the context of their commercial or official activity and the unsolicited communication relates solely to that commercial or official activity.