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Electronic marketing and internet use
Are there rules specifically governing unsolicited electronic marketing (spam)?
Yes, sending spam is prohibited by the Act against Unfair Competition and, as such, is subject to criminal penalties. According to the act, anyone will be considered to be acting unfairly if they send or arrange to send mass advertising using telecommunications with no direct connection to the requested content and in the process fail to:
- obtain the prior consent of customers;
- indicate the correct sender; and
- refer to an easy, free of charge possibility to refuse.
However, anyone who, when selling goods, works or services, obtains customers' contact information and indicates the possibility of refusal will not be considered to be acting unfairly if they send mass advertising for their own or similar goods, works and services to such customer without the latter’s consent.
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