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Electronic marketing and internet use
Are there rules specifically governing unsolicited electronic marketing (spam)?
No; however, unsolicited electronic direct marketing is, in principle, prohibited.
Electronic direct marketing to private individuals by means of automated calling system, fax, email, text, voice, sound or image message requires the individual's prior consent, also referred to as the ‘opt-in mechanism’.
There are some exceptions to this principle. For example, a service provider or a product seller may use contact information, provided by the customer when buying a product or service, for direct marketing of the provider's own products of the same product group and other similar products or services. The customer must be given the opportunity to prohibit easily the use of contact information for marketing purpose without any additional charge.
Electronic direct marketing to legal persons (including representatives of such) does not require consent. However, the receiver has the right to opt out.
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