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durable medium

  1. (a) paper; or122017
  2. (b) 36any instrument which enables the recipient to store information addressed personally to him36 in a way accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored; this includes, In particular, floppy disks, CD-ROMs, DVDs and the hard drive of the recipient's computeron which the 36 electronic mail is stored, but not Internet websites unless they fulfil the criteria in this definition.122017(in relation to MiFID or equivalent third country business, if the relevant rule implements the MiFID implementing Directive) the instrument used must be:36
    1. (i) appropriate to the context in which the business is to be carried on; and36
    2. (ii) specifically chosen by the recipient when offered the choice between that instrument and paper.36
  3. [Note: article 2(f) and Recital 20 of the Distance Marketing Directive, article 2(12) of the Insurance Mediation Directive and articles 2(2), 3(1) and 3(3) of the MiFID implementing Directive] 36