Electronic Commerce Act 2001 (Gibraltar)

Electronic Commerce Act 2001

Published: 2001-03-22

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Unlimited Searches
Weekly Updates on New Laws
Access to 5,345,848 Global Laws from 110 Countries
View the Original Law Side-by-Side with the Translation

Subscribe Now for only USD$40 per month.

Electronic Commerce

2001-07

ELECTRONIC COMMERCE ACT 2001

Principal Act

Act. No. 2001-07 Commencement LN. 2001/013 22.3.2001

Assent 14.3.2001

Amending

enactments

Relevant current

provisions

Commencement

date

2001/018 Corrigendum 22.3.2001

2001/019 Corrigendum 22.3.2001

2012/093 ss. 2 & 11 1.1.2012

Act. 2015-09 Long title, ss. 2, 4 , 12(5), 25(3) 2.4.2015

EU Legislation/International Agreements involved:

Directive 2000/31/EC

Electronic Commerce

2001-07

ARRANGEMENT OF SECTIONS

1. Title and commencement.

PART I

INFORMATION SOCIETY SERVICES

2. Interpretation.

3. General requirements for service providers.

4. Commercial or non-commercial Communications.

5. Contracts concluded by electronic means.

6. Information in relation to and conclusion of electronic contract.

7. Law applicable.

8. Liability of intermediary service providers.

9. Procedure for dealing with unlawful, defamatory etc information.

10. Approved codes of conduct and prescribed standards.

PART II

ISSUE OF ACCREDITATION CERTIFICATES FOR ELECTRONIC

SIGNATURES

11. Interpretation.

12. Approved providers of accreditation certificates.

13. Grant, refusal and revocation of approval.

14. Recognition of overseas providers of certificates.

15. Legal effect of electronic signatures.

16. Code-names.

17. Civil liability of approved certification services providers.

18. Code of conduct for approved certification service providers.

PART III

TRANSACTIONS EFFECTED BY ELECTRONIC MEANS

19. Requirements to present or retain originals.

20. Requirements to produce documents.

21. Retention of documents etc in electronic form.

22. Admissibility and evidential weight of electronic documents.

23. Time and place of despatch and receipt of electronic documents.

PART IV

GENERAL

Electronic Commerce

2001-07

24. Offences by bodies corporate.

25. Regulations.

26. Restrictions on service providers.

27. Consequential amendments.

28. Application to Crown.

Electronic Commerce

2001-07

Electronic Commerce

2001-07

AN ACT TO FACILITATE THE USE OF ELECTRONIC MEANS TO

TRANSMIT AND STORE INFORMATION, TO PROVIDE FOR

AGREEMENTS CONCLUDED BY ELECTRONIC MEANS TO BE

BINDING, AND TO PROVIDE THE FRAMEWORK WITHIN WHICH

ELECTRONIC SERVICE PROVIDERS OPERATE; TO ENABLE THE

REGULATION OF THE CONSUMPTION OF ELECTRONIC SERVICES

PROVIDED BY PUBLIC BODIES.

Title and commencement.

1. This Act may be cited as the Electronic Commerce Act 2001 and comes

into operation on the day appointed by the Minister by notice in the Gazette.

PART I

INFORMATION SOCIETY SERVICES

Interpretation.

2. In this Part–

“commercial communication” means any form of communication intended

to advertise or promote the goods or services of a person or

undertaking, but does not include information about addresses or

web-site names or information about the goods and services which

is the result of separate, independent research;

“consumer” means a person not acting in the course of his trade or

profession;

“established service provider” means a service provider who uses a fixed

and continuing establishment in Gibraltar for providing information

society services;

“information society services” means any service normally provided at a

distance by electronic means at the individual request of the

recipient of the service;

“intermediary service provider” means a service provider which acts as a

conduit for information society services (whether for remuneration

or otherwise) and does not provide any other specific information

society service;

Electronic Commerce

2001-07

“non-commercial communication” means any form of communication

intended to advertise or promote the provision of services offered

by a public body to the general public without the intention of

making profit;

“the Minister” means the Minister with responsibility for commercial

affairs;

“service provider” means any person providing information society

services.

General requirements for service providers.

3. An established service provider shall ensure that the following

information is readily available (including electronically) to recipients of the

services–

(a) the name and address (including e-mail address) of the service

provider;

(b) the particulars of any approval scheme which the service

provider has obtained and details of the activities covered by

that approval;

provider.

Commercial or non-commercial communications.

4. A commercial or non-commercial communication provided by a service

provider directly or as part of the service shall satisfy the following

conditions –

(a) the person sending it must be clearly identifiable and the fact

that it is a commercial or non-commercial communication must

be clear;

(b) all conditions relating to the goods or services offered must be

presented clearly;

must be clearly identifiable as such upon receipt.

Contracts concluded by electronic means.

Electronic Commerce

2001-07

5.(1) Subject to subsection (2) and any agreement by the parties to the

contrary, a contract may be concluded by transmission of offer and

acceptance through electronic means.

(2) Subsection (1) does not apply to any contract in connection with –

(a) conveying or transferring land or any interest in real property;

(b) rights of succession under a will or other testamentary

instrument;

Information in relation to and conclusion of electronic contracts.

6.(1) A service provider shall ensure (unless agreed otherwise with a

prospective party to the contract who is not a consumer) that the following

information is available clearly and in full before conclusion of the contract –

(a) the steps to follow to conclude the contract;

(b) whether the contract, when concluded, will be accessible and, if

so, where;

recipient of the service; further, such steps must be effective and

accessible allowing the recipient to identify and correct any

errors without difficulty;

(d) any general terms and conditions imposed by the service

provider, further, such general terms and conditions must be

accessible to the recipient of the service for him to store and

retrieve them.

(2) A service provider shall ensure (unless agreed otherwise with a party

to the contract who is not a consumer) that any order for goods and services

made by electronic means is acknowledged without undue delay by

electronic means.

(3) Subsections (1) and (2) do not apply to contracts concluded

exclusively by exchange of e-mail or by equivalent individual

communications.

(4) The order and acknowledgement referred to in subsection (2) shall be

deemed to have been received at the time it is available for access by the

party to which it is addressed.

Electronic Commerce

2001-07

Law applicable.

7. A contract entered into through an established service provider shall be

considered to have been entered into in Gibraltar and the law of Gibraltar

shall apply to that contract unless the parties agree otherwise.

Liability of intermediary service providers.

8.(1) If the conditions in subsection (2) are fulfilled, an intermediary service

provider shall not be the subject of any civil or criminal liability in respect of

information contained in communications made through or stored in the

service.

(2) Those conditions are that the intermediary service provider–

(a) was not himself the originator of the communication;

(b) has no actual knowledge that the information in the

communication gives (or may give) rise to civil or criminal

liability;

(d) follows the procedure in section 9 if he discovers that

information in the communication does or may give rise to civil

or criminal liability.

(3) An intermediary service provider is not required to monitor

communications using the service to discover whether any communication

may give rise to civil or criminal liability; the intermediary service provider

shall, however, comply with any directions given by the Minister or a court,

and with his contractual obligations, in respect of any communications using

service.

Procedure for dealing with unlawful, defamatory etc information.

9.(1) If an intermediary service provider has or acquires actual knowledge

that information in electronic communications in respect of which he

provides services gives rise to civil or criminal liability, he shall, as soon as

possible,–

(a) remove the information from any information processing system

within his control and cease to provide or offer to provide

services in respect of that information; and

Electronic Commerce

2001-07

(b) notify the Minister of the relevant facts and, if the service

provider knows it, the identity of the person for whom he was

supplying services in respect of the information.

(2) If an intermediary service provider is or becomes aware of facts or

circumstances from which it might reasonably be inferred that there is a

likelihood of civil or criminal liability in respect of information in electronic

communications in respect of which he provides services, he shall notify the

Minister of–

(a) the information and those facts or circumstances; and,

(b) if he knows it, the identity of the person for whom the service

provider was supplying services in respect of the information.

(3) Where an intermediary service provider notifies the Minister as

mentioned in subsection (2), then, according as the Minister may direct, the

intermediary service provider shall do all or any of the following–

(a) remove the communication concerned from any information

processing system within his control;

(b) cease to provide services to the person to whom he was

supplying services in respect of that communication;

(4) An intermediary service provider shall not be liable to any person

(whether or not a person for whom the intermediary service provider

provides services), at common law or by virtue of any statutory provision, in

respect of any action which–

(a) he takes in good faith by virtue of subsection (1); or

(b) he takes pursuant to a direction of the Minister under

subsection (3).

Approved codes of conduct and prescribed standards.

10.(1) In accordance with the provisions of this section, the Minister may

approve codes of conduct or prescribe standards for service providers.

(2) The codes of conduct which may be approved and the standards which

may be prescribed may relate to all or any of the following–

Electronic Commerce

2001-07

(a) the descriptions of services that may be provided by service

providers and the descriptions of customers to whom the

services may be provided;

(b) the descriptions of information that may be contained in data

messages for which services are provided by service providers;

customers of service providers;

(d) the disclosure of information by service providers;

(e) the actions to be taken in the event of customers of service

providers sending bulk, unsolicited data messages;

(f) the publication of obscene material;

(g) the procedure for dealing with complaints and for the resolution

of disputes; and

(h) such other matters as the Minister considers appropriate.

(3) If the Minister is satisfied that a body or organisation represents

service providers (whether generally or those operating in Gibraltar) and that

that body or organisation (whether or not pursuant to a request from him)

has developed a code of conduct–

(a) that applies to service providers and deals with one or more

specified matters relating to the provision of services by the,

and

(b) that appears to the Minister to deal with those matters in a

satisfactory manner,

he may, by notice in the Gazette, approve that code of conduct; and when a

code of conduct is so approved, the code shall apply, in accordance with that

notice, either to service providers generally or to such of them as are of a

description specified in that notice.

(4) If the Minister considers that there is no such body or organisation as

is referred to in subsection (3) or that, with respect to any matter which

appears to him to be relevant, no such body or organisation has developed a

code of conduct meeting the requirements of paragraphs (a) and (b) of that

subsection, he may prescribe a standard applicable to service providers

generally or to such of them as are of a prescribed description.

Electronic Commerce

2001-07

(5) Without prejudice to the power of the Minister to vary any prescribed

standard if, after the Minister has approved a code of conduct under

subsection (3),–

(a) the body or organisation by which it was developed propose

amendments to the approved code of conduct, or

(b) the Minister ceases to be satisfied as mentioned in subsection

(3)(b),

the Minister may be notice in the Gazette either approve the code as

proposed to be amended or withdraw the approval previously given.

(6) If it appears to the Minister that a service provider is failing to comply

with any provision of an approved code of conduct or prescribed standard

which is for the time being applicable to him, the Minister may, for the

purposes of securing compliance with the code or standard, serve on the

service provider a notice requiring him, within such period as is specified in

the notice, to take such action as is so specified.

(7) If a service provider on whom a notice has been served under

subsection (6) fails, within the time specified in the notice to take the action

so specified, he is guilty of an offence and liable on summary conviction to a

fine at level 5 on the standard scale and to a further fine not exceeding

£1,000 for every day on which the failure continues after conviction.

10.A The contact point for the purposes of Article 19 of EU Directive

2000/31/EC shall be the Minister or such other person as the Minister may

designate.

PART II

ISSUE OF ACCREDITATION CERTIFICATES FOR ELECTRONIC

SIGNATURES

Interpretation.

11.(1) In this Part, unless the context otherwise requires,–

“accreditation certificate” means a communication which–

(a) associates a signature verification device to a person;

(b) confirms the identity of that person; and

Electronic Commerce

2001-07

“certification service provider” means a person who issues identity

certificates for the purpose of electronic signatures or provides

other services to the public in relation to electronic signatures;

“electronic signature” means a signature in electronic form which–

(a) is in, attached to or logically associated with, information;

(b) is used by a person (“the signatory”) to indicate his adoption of

that information;

him;

(d) is created using means that the signatory can maintain under his

sole control; and

(e) is linked to the information to which it relates in such a manner

that any subsequent alteration of the information is revealed;

“the Minister” means the Minister with responsibility for commercial

affairs;

“signature creation device” means unique data, including codes or

cryptographic keys, or a uniquely configured physical device which

is used by the signatory in creating an electronic signature;

“signature verification device” means unique data, including codes or

cryptographic keys, or a uniquely configured physical device which

is used in verifying an electronic signature.

Approved providers of accreditation certificates.

12.(1) On an application by a certification services provider and on payment

of the prescribed fee, the Minister may approve the applicant to issue

accreditation certificates for electronic signatures.

(2) An application under subsection (1) shall be made in such form as may

be prescribed and, in connection with the application, the applicant–

(a) shall provide the Minister with such information as the Minister

may reasonably require for the purposes of reaching a decision

on the application; and

(b) if so required by the Minister, shall give notice of the

application in the prescribed form by publication in the Gazette

and in a daily or weekly newspaper published in Gibraltar.

Electronic Commerce

2001-07

(3) The Minister shall not give an approval under this section unless he is

satisfied that the applicant meets such criteria as may be prescribed for the

purposes of this Part; and the criteria so prescribed may include criteria in

respect of electronic signature products.

(4) Nothing in this section requires a certification service provider to

obtain approval.

(5) Pursuant to this section the Minister may waive the requirement to

pay the prescribed fee.

Grant, refusal and revocation of approval.

13.(1) Not later than six weeks after the receipt of an application under

subsection (1) of section 12 and of any information required under

subsection (2) of that section, the Minister shall either grant the approval or

serve notice on the applicant that the application is refused.

(2) If at any time the Minister considers that a certification service

provider who is for the time being approved under section 12 no longer

meets the criteria prescribed for the purposes of this Part, he shall give notice

to the service provider of his intention to revoke the approval, indicating his

reasons for doing so.

(3) A notice under subsection (2) shall invite the certification service

provider concerned, within 14 days of the notice, to submit representations

in writing to the Minister as to why the approval should not be revoked and

the Minister shall consider any representations so made.

(4) After the expiry of the period for the making of representations under

subsection (3) and after considering any representations so made, the

Minister shall give notice to the service provider either–

(a) revoking the approval; or

(b) informing the service provider concerned that he no longer

intends to revoke the approval;

but the service of a notice under paragraph (b) shall not prejudice the taking

of further action under subsection (2) if at any time the Minister considers it

appropriate.

(5) The Minister shall publish a notice in the Gazette on any grant of

approval under subsection (1) and any revocation of approval under

subsection (4) stating the name and address of the certification service

provider concerned.

Electronic Commerce

2001-07

Recognition of overseas providers of accreditation certificates.

14.(1) The Minister may, by notice in the Gazette, recognise for the

purposes of this Act certification service providers or classes of such

provider who–

(a) are established in a territory outside Gibraltar; and

(b) are approved by a body or authority in that territory to provide

in that territory electronic records corresponding to

accreditation certificates issued by approved certification

providers;

and in the following provisions of this section such a certification service

provider is referred to as an “overseas provider”.

(2) The Minister shall not under subsection (1) recognise an overseas

provider or class of such provider unless–

(a) the territory concerned is that of the United Kingdom, another

member State of the European Economic Area or the United

States of America and the body or authority giving the approval

to the overseas provider is designated (howsoever the

designation is described) for the purpose of that approval in

accordance with the law of the United Kingdom, that other

member State or the United States of America, as the case may

be; or

(b) the territory and the body or authority giving the approval are

for the time being prescribed for the purposes of this Part.

(3) If at any time after an overseas provider has been recognised by virtue

of subsection (2)(b), the territory or body or authority concerned ceases to

be prescribed for the purposes of this Part, the Minister shall by notice in the

Gazette withdraw recognition under this section from the overseas providers

concerned.

(4) In determining whether to prescribe a territory or a body or authority

for the purposes of this Part (and, accordingly, whether to cease so to

prescribe a territory, body or authority) the Minister shall have regard to

whether the body or authority requires the overseas providers to meet

criteria equivalent to those prescribed by virtue of section 12(3) in relation to

approved certification service providers.

Legal effect of electronic signature.

Electronic Commerce

2001-07

15.(1) An electronic signature supported by an accreditation certificate shall

be given the same effect in law as a handwritten signature (except in relation

to the matters specified in section 5(2)) and shall be admissible in evidence in

any legal proceedings.

(2) Subsection (1) shall not exclude the legal effectiveness and

admissibility in evidence of an electronic signature unsupported by an

accreditation certificate if it would otherwise be given legal effect or be

admissible.

Code-names.

16.(1) At the request of a signatory, an approved certification service

provider may indicate in the signatory’s accreditation certificate a code-name

instead of the signatory’s name.

(2) If, in a case where a code-name is indicated in an accreditation

certificate as mentioned in subsection (1),–

(a) it is necessary for the investigation of an offence involving

electronic signatures, or

(b) it is otherwise required under any statutory or other rule of law,

the approved certification service provider concerned shall transfer personal

data relating to the signatory to the police or to the person entitled under the

relevant rule of law.

(3) Where, by virtue of subsection (2), personal data is transferred, the

approved certification service provider shall notify the signatory as soon as

possible and shall make and retain a record of the transfer and of the

notification.

(4) In this section “personal data”, in relation to a signatory, means

information which relates to the signatory and enables him to be identified.

Civil liability of approved certification services providers.

17.(1) Subject to the following provisions of this section, where an

approved certification service provider has issued an accreditation certificate

he shall owe a duty to any person who reasonably relies on the certificate

for–

(a) the accuracy of all information in the accreditation certificate,

except in so far as the certificate otherwise provides;

Electronic Commerce

2001-07

(b) assurance that, at the time the certificate was issued, the person

identified in the accreditation certificate held the signature

creation device corresponding to the signature verification

device given or identified in the certificate; and

signature creation device and the signature verification device,

assurance that the two devices function together in a

complementary manner.

(2) The duty in subsection (1) is not owed to a person who, at the time he

purported to rely on an accreditation certificate, knew or ought reasonably to

have known that the certification services provider by whom the certificate

was issued was no longer approved under section 12 or, as the case may be,

recognised under section 14.

(3) Subject to subsections (4) and (5), an action in damages shall lie

against an approved certification services provider in respect of any loss or

damage suffered by any person by reason of a breach of the duty imposed by

subsection (1).

(4) An approved certification services provider shall not be liable for

errors in information in an accreditation certificate to the extent that–

(a) the information was provided by or on behalf of the person

identified in the certificate; and

(b) it is shown that the certification service provider took all

measures which were reasonably practicable to verify the

information.

(5) Where an approved certification services provider–

(a) indicates in an accreditation certificate limits on the use to

which the certificate may be put, and

(b) takes all reasonable steps to make those limits known to third

parties,

he shall not be liable in accordance with subsection (3) for loss of damage

arising from the use of the certificate outside those limits.

(6) The limits referred to in subsection (5) may include limits on the value

of transactions for or in connection with which the certificate may be used.

Code of conduct for approved certification service providers.

Electronic Commerce

2001-07

18. The Minister may approve codes of conduct or prescribe standards for

approved certification service providers in the same manner as provided for

in section 10.

PART III

TRANSACTIONS EFFECTED BY ELECTRONIC MEANS

Requirements to present or retain originals.

19.(1) Where, by virtue of any statutory provision or rule of law,

information is required to be presented or retained in its original form, that

requirement shall be regarded as met by information stored electronically if–

(a) there exists a reliable assurance as to the integrity of the

information from the time when it was first generated in its final

form; and

(b) where it is required that information be presented, that

information is capable of being displayed to the person to whom

it is to be presented in a legible form.

(2) For the purposes of subsection (1)(a)–

(a) the criteria for assessing integrity shall be whether the

information has remained complete and unaltered, apart from

the addition of any endorsement and any change which arises in

the normal course of communication, storage of display; and

(b) the standard of reliability required shall be assessed in the light

of the purpose for which the information was generated and in

the light of all the relevant circumstances.

Requirements to produce documents.

20.(1) Where, by virtue of any statutory provision, there is a requirement on

any person to produce any document in the form of paper or other tangible

material, he shall be regarded as having met that requirement if–

(a) he produces an electronic form of the document; and

(b) the conditions in subsection (3) are fulfilled.

(2) Where, by virtue of any statutory provision, a person is permitted to

produce a document in the form of paper or other tangible material, then, if

the conditions in subsection (3) are fulfilled, he may, instead, produce an

electronic form of the document.

Electronic Commerce

2001-07

(3) The conditions referred to in subsections (1) and (2) are that–

(a) having regard to all the relevant circumstances at the time the

data message was created, the method of generating the

electronic form of the document provided a reliable means of

assuring the maintenance of the integrity of the information

contained in the document;

(b) at the time it was created, it was reasonable to expect that the

information contained in the electronic form of the document

would be readily accessible so as to be usable for future

reference; and

permitted to be produced consents to the production of an

electronic form of the document or the document is produced

to him in a legible form.

(4) For the purposes of subsection (3)(a)–

(a) the criteria for assessing integrity shall be whether the

information has remained complete and unaltered, apart from

the addition of any endorsement and any change which arises in

the normal course of communication, storage or display; and

(b) the standard of reliability required shall be assessed in the light

of the purpose for which the information was generated and in

the light of all the relevant circumstances.

Retention of documents etc in electronic form.

21.(1) Where, by virtue of any statutory provision or rule of law, there is a

requirement to retain any documents, records or information, then, if the

conditions in paragraphs (a) to (c) of subsection (2) are fulfilled, that

requirement shall be met by retaining the content of the document, record or

information electronically.

(2) The conditions referred to in subsection (1) are–

(a) that the information is accessible and capable of retention for

subsequent reference;

(b) that the information is retained in the format in which it was

generated, sent or received or in a format which can be shown

to represent accurately the information generated sent or

received; and

Electronic Commerce

2001-07

identification of the origin and destination of the electronic

document and the date and time when it was sent or received.

(3) An obligation to retain documents records or information in

accordance with subsection (1) does not extend to any information the sole

purpose of which is to enable an electronic document to be sent or received.

(4) Provided that the conditions in subsection (2) are met, a person may

satisfy such a requirement as is referred to in subsection (1) by using the

services of another person.

Admissibility and evidential weight.

22.(1) In any legal proceedings, nothing in the application of rules of

evidence shall apply to deny the admissibility of an electronic document in

evidence–

(a) by reason only that it is in electronic form; or

(b) in a case where it is the best evidence that the person adducing

it could reasonably be expected to obtain, on the ground that it

is not in its original form.

(2) Information in the form of an electronic document shall be given due

evidential weight; and, in assessing that evidential weight, regard shall be had

to all relevant factors, including, in particular,–

(a) the reliability of the manner in which the electronic document

was generated, stored or communicated;

(b) the reliability of the manner in which the integrity of the

information was maintained; and

Time and place of despatch and receipt of electronic documents.

23.(1) The provisions of this section have effect–

(a) for determining the time and place of despatch and receipt of

electronic documents; but

(b) subject to any agreement to the contrary between the originator

and the addressee.

Electronic Commerce

2001-07

(2) The despatch of an electronic document occurs when it enters an

information processing system outside the control of the originator and, if it

enters two or more such systems, when it first enters into one of them.

(3) Where the addressee has designated an information processing system

for the purpose of receiving electronic documents, the time of receipt of a

data message shall be–

(a) the time when the document enters the designated system; or

(b) if the document is sent to an information processing system of

the addressee other than that which is designated, the time

when the document comes to the attention of the addressee.

(4) Where the addressee has not designated an information processing

system for the purpose of receiving electronic documents, the time of receipt

shall be when the document message enters an information system of the

addressee or otherwise comes to his attention.

(5) Subsection (3) or, as the case may be subsection (4) applies

notwithstanding that the place where the information processing system is

located may be different from the place where, by virtue of subsection (6),

the document is taken to be received.

PART IV

GENERAL

Offences by bodies corporate.

24. Where an offence under this Act committed by a body corporate is

proved to have been committed with the consent or connivance of, or to be

attributable to any neglect on the part of,–

(a) any director, manager, secretary or other similar officer of that

body, or any person who was purporting to act in that capacity,

(b) any other person in accordance with whose directions or

instructions the directors of that body are accustomed to act,

he, as well as the body corporate, shall be guilty of that offence and be liable

to be proceeded against and punished accordingly.

Regulations.

Electronic Commerce

2001-07

25.(1) The Minister may make regulations prescribing anything which by

this Act is authorised or required to be prescribed.

(2) Regulations under this section or section 21 may make different

provision for different cases and may contain such incidental, supplemental,

consequential and transitional provisions as appear to the Minister to be

appropriate.

(3) The Minister may make regulations for the purposes of regulating the

provision of electronic services provided by public bodies including where

the provisions of such services are of a non-commercial nature.

Restrictions on service providers.

26.(1) The Minister may, by notice in writing to a service provider, require

that service provider to remove information (including for the avoidance of

doubt a domain name) from any information system under his control if it

appears to the Minister that the removal of information is necessary for–

(a) public policy, in particular the prevention, investigation,

detection and prosecution of criminal offences, including the

protection of minors and the fight against any incitement to

hatred on grounds of race, sex, religion or nationality, and

violations of human dignity concerning individual persons;

(b) the protection of public health;

(d) the protection of consumers, including investors.

(2) A service provider which does not comply with the direction of the

Minister under subsection (1) is guilty of an offence and liable to

imprisonment or a fine up to level 5 on the standard scale, or both, and to a

continuing fine of up to level 1 on the standard scale for each day on which

the information concerned remains accessible after receipt of the Minister’s

notice under subsection (1).

Consequential amendments.

27. The Government may by regulations make such amendments of

statutory provisions (not contained in this Act) as appear to them to be

necessary or appropriate in consequence of the provisions of this Act.

Application to Crown.

28. This Act binds the Crown.