Advertising and marketing


What rules govern digital advertising and marketing in your jurisdiction?

Restrictions on sending electronic messages for marketing purposes pursuant Section 107 of the Telecommunication Act 2003 are particularly relevant for digital advertising and marketing. According to Section 107, sending electronic messages (including emails and text messages) usually requires the recipient's prior consent (opt-in).

Further, there is an obligation to clearly label online advertisements that are made against payment according to the Media Act. In addition, Austrian case law has developed restrictions on keyword advertising under trademark law. 

Are there any specific regulations governing the use of targeted advertising?

There are no specific regulations governing the use of targeted advertising.

In practice, all targeted advertising activities usually require the prior consent of the affected person due to data protection and telecoms provisions.


Are there any restrictions or limitations on goods and services that can be advertised, marketed and sold online?

There are some restrictions and limitations in specific laws. For instance, according to the Medical Products Act, prescription-only medication must not be sold online, but can be purchased solely at registered pharmacies.

Further, pursuant to the Tobacco Act, tobacco products (including e-cigarettes) must not be advertised, marketed or sold online. 

Spam messages

What rules and restrictions govern the sending of spam messages?

Electronic messages (eg, email and text messages) that are sent for direct marketing purposes usually require the recipient's prior consent (opt-in) according to Section 107 of the Telecommunication Act 2003.