GreeceLaw 2251/1994, Article 9(5) and Article 9η(γ), Direct Advertising Messages and Persistent Unwanted Solicitation of Consumers
Ν. 2251/1994, άρθρο 9 παρ. 5 και άρθρο 9η περ. γ
In force.
A commercial messages rule binding public and private bodies.
- Private right of action
- Yes
- Obligation class
- Consent, Prohibition
What it requires
- Send an advertising message directly to a consumer by telephone, fax, electronic mail, automated call or another electronic means only if the terms and conditions of Article 11 of Law 3471/2006 are met (Article 9(5)).
- Do not solicit consumers persistently and against their wishes by telephone, fax, electronic mail or other distance means, except where contact is justified, and only to the extent it is justified, to enforce a contractual obligation, with the personal data law reserved (Article 9η, item γ).
- Apply these rules to consumers only: a consumer is a natural person acting outside the person's commercial, business, craft or independent professional activity (Article 1α, item 1).
These lines are LexLint's reading of the law's text.
What this law does
Article 9, paragraph 5 of Law 2251/1994 allows the transmission of an advertising message directly to a consumer by telephone, fax, electronic mail, automated call or another electronic means of communication only if the terms and conditions of Article 11 of Law 3471/2006 are met. Article 9η prohibits as aggressive the commercial practices it lists, among others.
Among the listed practices is persistent and unwanted solicitation of customers by telephone, fax, electronic mail or other distance means, except in the circumstances and to the extent that contact is justified to enforce a contractual obligation. A consumer under the Law is any natural person who acts for reasons outside the person's commercial, business, craft or independent professional activity.
Any consumer or consumers' association may ask a court, when Article 9 or Articles 9γ to 9η are breached, to stop the unfair commercial practice, to forbid it in the future and to award compensation for the damage suffered.
When LexLint raises it
When your app profile says your app sends automated outreach, places automated calls, sends commercial email or sends faxes.
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