Article 3
Conditions applying to the provision of information
1.
Where, for the purposes of this Regulation, information is required to be provided in a durable medium as defined in Article 4(1) point 62 of Directive 2014/65/EU investment firms shall have the right to provide that information in a durable medium other than on paper only if:
(a)
the provision of that information in that medium is appropriate to the context in which the business between the firm and the client is, or is to be, carried on; and
(b)
the person to whom the information is to be provided, when offered the choice between information on paper or in that other durable medium, specifically chooses the provision of the information in that other medium.
2.
Where, pursuant to Article 46, 47, 48, 49, 50 or 66(3) of this Regulation, an investment firm provides information to a client by means of a website and that information is not addressed personally to the client, investment firms shall ensure that the following conditions are satisfied:
(a)
the provision of that information in that medium is appropriate to the context in which the business between the firm and the client is, or is to be, carried on;
(b)
the client must specifically consent to the provision of that information in that form;
(c)
the client must be notified electronically of the address of the website, and the place on the website where the information may be accessed;
(d)
the information must be up to date;
(e)
the information must be accessible continuously by means of that website for such period of time as the client may reasonably need to inspect it.
3.
For the purposes of this Article, the provision of information by means of electronic communications shall be treated as appropriate to the context in which the business between the firm and the client is, or is to be, carried on where there is evidence that the client has regular access to the internet. The provision by the client of an e-mail address for the purposes of the carrying on of that business shall be treated as such evidence.