Moved by
Baroness Finlay of Llandaff
232: After Clause 87, insert the following new Clause—
“Active consent of online buyers required for retention and use of contact information
(1) A seller of goods or services via the internet must not retain, share or use any contact information provided by buyers for any purpose except directly facilitating the sale of the good or service, unless the buyer has actively consented to the retention, sharing or use of the information.
(2) For the condition in subsection (1) to be satisfied, the seller must have specified any purposes to which the buyer is consenting.
(3) The condition in subsection (1) may be satisfied by the buyer ticking a box on the seller’s web page, but it may not be satisfied by the buyer failing to untick such a box which has been pre-filled.
(4) A seller who contravenes the requirement in subsection (1) is guilty of an offence.
(5) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding 10% of the seller’s annual gross operating profit.”