39Nature of explicit informed consent

39 Nature of explicit informed consent

39 Nature of explicit informed consent

(1) Explicit informed consent to a transaction is consent given by a small customer to a retailer where—

(a) the retailer, or a person acting on behalf of the retailer, has clearly, fully and adequately disclosed all matters relevant to the consent of the customer, including each specific purpose or use of the consent; and

(b) the customer gives the consent to the transaction in accordance with subsection (2); and

(c) any requirements prescribed by the Rules for the purposes of this subsection have been complied with.

(2) Explicit informed consent requires the consent to be given by the small customer—

(a) in writing signed by the customer; or

(b) verbally, so long as the verbal consent is evidenced in such a way that it can be verified and made the subject of a record under section 40; or

(c) by electronic communication generated by the customer.