(1) Subject to section 12 and subsection (2), the Minister may by regulations provide for the application of this Part to the following class of contract, namely a contract for the sale of goods with digital elements under which the consumer -

(a) does not pay or undertake to pay the price of the goods, and

(b) provides or undertakes to provide personal data to the trader, other than where the personal data are processed by the trader for the purpose only of supplying the goods with digital elements in accordance with this Part or complying with any other legal requirement to which the trader is subject.

(2) The Minister may make regulations under subsection (1) only where the Minister is satisfied, after consultation with such persons as the Minister considers appropriate, that -

(a) contracts of the class specified in subsection (1) are being concluded on a significant scale, and

(b) the regulation of that class of contract would be in the interests of consumer protection and fair competition.