11the following conditions 14:
- (1) the provision of 14information by means of a website 14must be appropriate to the context in which the business between the firm and the client is, or is to be, carried on (that is, there is evidence that the client has regular access to the internet, such as the provision by the client of an e-mail address for the purposes of the carrying on of that business);
- (2) the client must specifically consent to the provision of that information in that form (only in the case of a retail client if the relevant rule derives from the MiFID Org Regulation)41;
- (3) the client must be notified electronically of the address of the website, and the place on the website where the information may be accessed;
- (4) the information must be up to date; and
- (5) 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.
[Note: article 23(5) of the IDD,35 article 3 of the MiFID Org Regulation and article 38(2) of the KII Regulation]