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durable medium

  1. (a) paper; or122017
  2. (b) any instrument which enables the recipient to store information addressed personally to the recipient in a way accessible for future reference and for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored. In relation to the equivalent business of a third country investment firm, MiFID optional exemption business or collective portfolio management, if the relevant rule derives from the MiFID Org Regulation or is a rule which implemented124 the UCITS Directive, the UCITS implementing Directive or the UCITS implementing Directive No 2 the instrument used must be:3636112121112.12140404040404036401124012201740711127112136
    1. (i) appropriate to the context in which the business is to be carried on; and36
    2. (ii) specifically 40chosen by the recipient 40when offered the choice between that instrument and paper.36
    3. If the relevant rule derives from the MiFID Org Regulation:147
    4. (iii) the requirements in (i) and (ii) above only apply in relation to retail clients or potential retail clients;147
    5. (iv) where the client or potential client is a retail client, or potential retail client, who has requested to receive the information on paper, that information must be provided on paper and free of charge; and147
    6. (v) firms must provide all information required to be provided in a durable medium by the relevant rule to clients or potential clients in electronic format, except where the client or potential client is a retail client, or potential retail client.147
    7. In ICOBS and, in relation to life policies, in COBS:121
    8. (vi)147 the instrument used must be appropriate in the context of the business conducted between the insurance distributor and (for ICOBS) the customer or (for COBS) the client; and121
    9. (vii)147 the customer (for ICOBS) or client (for COBS) must be given the choice between information on paper and the instrument used, and must specifically choose the latter medium.121
    For the purposes of this definition, 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 if 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 is sufficient.40
  3. [Note: article 2(f) of,112 and Recital 20 to,112 the Distance Marketing Directive, 717140articles 2(1)(18), 23(4) and 23(6) of the IDD,121 article 4(1)(62) of MiFID and article 3(1), (1A) and (1B)147 of the MiFID Org Regulation112, articles 75(2) and 81(1) of the UCITS Directive, article 20(3) of the UCITS implementing Directive and article 7 of the UCITS implementing Directive No 2]7136