AustriaECG
Officially E-Commerce-Gesetz (ECG), Unsolicited Commercial Communication (Section 7)
ECG, BGBl. I Nr. 152/2001, § 7
In force since .
A commercial messages rule binding private bodies.
- Obligation class
- Disclosure, Prohibition
As of .
What it requires
- If you lawfully send a commercial communication by electronic mail without the recipient's prior consent, make sure it is clearly and unmistakably recognizable as a commercial communication when it reaches the user.
- Observe the list that the RTR-GmbH keeps of persons and companies that have excluded commercial communications by electronic mail.
What this law does
Section 7(1) requires a service provider that lawfully sends a commercial communication by electronic mail without the recipient's prior consent to ensure that the communication is clearly and unmistakably recognizable as such when it reaches the user. Section 7(2) requires the Rundfunk und Telekom Regulierungs-GmbH (RTR-GmbH) to keep a list in which persons and companies can register free of charge to exclude commercial communications by electronic mail.
The service providers named in paragraph 1 must observe that list. Section 7(3) leaves other legislation on the admissibility of commercial communication by electronic mail unaffected. Section 3 Z 6 defines a commercial communication as advertising and other forms of communication that serve the direct or indirect promotion of the sale of goods and services or the image of an enterprise.
When LexLint raises it
When your app profile says your app sends automated outreach.