Generally, the onus is on the licensee to take steps to rectify/withdraw the noncompliant hyperlink, regardless of how the licensee comes to be aware that the hyperlink is not compliant. The licensee’s duty to ensure that the hyperlink is compliant is non-delegable.

Where the non-compliant hyperlink is published by the authorised person, the licensee must take all reasonable steps to ensure and verify that the authorised person carries out the rectification/withdrawal. The authorised person must also inform the licensee of the steps the authorised person has taken.

If, despite being informed by the licensee, the authorised person does not take reasonable steps to rectify/withdraw the non-compliant hyperlink, the authorised person commits an offence under this Regulation.