(1) A communication that is part of a relevant service shall comply with the following conditions:

(a) the commercial communication shall be clearly identified as such,

(b) the natural or legal person on whose behalf the commercial communication is made shall be clearly identifiable,

(c) details of how users of the service can register their choice regarding unsolicited commercial communications shall be provided; these should be prominently displayed on the relevant service provider's website and at every point where users of the service are asked to provide information at the provider's website (for example a registration form);

(d) promotional offers, such as discounts, premiums and gifts shall be clearly identifiable as such, shall comply with any enactment for the time being in force relating to such activities and the conditions which must be satisfied in order to qualify for them shall be easily accessible and be presented clearly and unambiguously, and

(e) promotional competitions or games, where permitted under the law of the State, shall be clearly identifiable as such, and the conditions for participation shall be easily accessible and be presented clearly and unambiguously.

(2) A person who fails to comply with paragraph (1) shall be guilty of an offence.