Electronic Commerce Act (Zakon o elektroničkoj trgovini), Articles 7 and 8, Commercial Communications and Unsolicited Electronic Communications
Čl. 7. i 8. Zakona o elektroničkoj trgovini
In force since .
A commercial messages rule binding public and private bodies.
- Obligation class
- Consent, Disclosure
What it requires
- Make every commercial communication that is part or all of an information society service clearly and unambiguously identifiable as commercial when the user receives it (article 7).
- Make the person on whose behalf the commercial communication is made clearly identifiable, and identify every promotional offer, including discounts and gifts, as such (article 7).
- Keep the conditions for taking up the offer easy to reach and state them clearly and unambiguously (article 7).
- Use electronic mail to send an unsolicited electronic commercial communication only with the prior consent of the person it is meant for, in line with the law on electronic communications (article 8).
These lines are LexLint's reading of the law's text.
Who enforces it
Enforcement body
The State Inspectorate (Državni inspektorat) and the inspectors of the competent ministry supervise how the Act is carried out (article 22, paragraph 1).
What this law does
Article 7 of the Electronic Commerce Act requires a provider of information society services to make sure that every commercial communication can be clearly identified as commercial when the user receives it, that the person on whose behalf it is made can be clearly identified, that every promotional offer such as a discount or gift is clearly identified as such, and that the conditions for taking up the offer are easy to reach and stated clearly and unambiguously.
Article 8, as replaced in 2008, allows electronic mail to be used for sending an unsolicited electronic communication (an unsolicited commercial communication) only with the prior consent of the person it is meant for, in line with the law on electronic communications. Article 22, paragraph 1 gives inspection supervision to the State Inspectorate and the inspectors of the competent ministry.
When LexLint raises it
When your app profile says your app sends commercial email.
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