durable medium

(1) Subject to satisfying any applicable conditions in (2) to (4):
1. (a) paper; or
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.

(2) In relation to collective portfolio management, if the relevant rule implemented the UCITS Directive, the UCITS implementing Directive or the UCITS implementing Directive No 2 the instrument used must be:
1. (a) appropriate to the context in which the business is to be carried on; and
2. (b) specifically chosen by the recipient when offered the choice between that instrument and paper.
(2a) [deleted]
(3) In relation to rules in COBS 3, COBS 6.1ZA (other than COBS 6.1ZA.22R), COBS 6.2B, COBS 8A, COBS 11.2A, COBS 14.3A, COBS 16A.3, COBS 16A.4 and COBS 16A.5 insofar as they apply to MiFID, equivalent third country or optional exemption business:
1. (a) if the recipient is a retail client:
  1. (i) they must be informed of the right to receive the information on paper instead of in electronic format; and
  2. (ii) if the retail client requests to receive the information on paper, the information must be provided on paper and free of charge; and
2. (b) in any other case, the information must be provided in electronic format.
(4) In ICOBS and, in relation to life policies, in COBS:
1. (a) 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; and
2. (b) 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.
(5) For the purposes of this definition, the provision of information by means of electronic communications is to be considered 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.
- [Note: article 2(f) of, and Recital 20 to, the Distance Marketing Directive, articles 2(1)(18), 23(4) and 23(6) of the IDD, article 4(1)(62) of MiFID, 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]