Legal texts

The ban on spam

Article 3 letter o of the Law against Unfair Competition bans spam:
"In particular, someone is acting unfairly by:
o. sending or arranging to be sent mass advertising using telecommunications with no direct connection to requested content and in the process omits to obtain the prior consent of customers, to indicate the correct sender or to refer to an easy, free-of-charge possibility of refusal;
anyone who, when selling goods, works or services obtains customers' contact information and indicates the possibility of refusal is not acting unfairly if he sends this customer, without the latter's consent, mass advertising for his own similar goods, works or services."


Obligations of providers

Article 45a of the Law on Telecommunications and article 83 of the Ordinance on Telecommunication Services (available in German, French and Italian only) govern the obligations of telecommunication services providers in the fight against spam.

 

Article 45 paragraph 2 of the Law on Telecommunications and article 82 of the Ordinance on Telecommunication Services (available in German, French and Italian only) govern your telecommunication services provider's obligation to provide you with information if you have received spam.

 

An asterisk in the telephone directory

Article 88 of the Ordinance on Telecommunication Services (available in German, French and Italian only) deals not with spam but with an asterisk in the telephone directory if you do not wish to receive telephone.

 

The obligation for telephone canvassers to comply with the asterisk in the telephone directory is laid down in article 3 letter u of the federal Unfair Competition Act:


Specialist staff
Last modification 01.04.2012

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