HungaryAct CVIII of 2001 on Electronic Commerce Services and Certain Issues of Information Society Services, Section 14/A, Information to Accompany an Electronic Advertisement
2001. évi CVIII. törvény (Ekertv.) 14/A. §
In force since .
A commercial messages rule binding public and private bodies.
- Obligation class
- Disclosure
What it requires
- Make an electronic advertisement clearly identifiable as an advertisement as soon as it becomes accessible to the recipient (Ekertv. section 14/A, paragraph 1 a)).
- Identify the electronic advertiser and, where you send the advertisement by electronic mail or an equivalent individual means of communication, the real sender, as soon as the information becomes accessible to the recipient (section 14/A, paragraph 1 b)).
- State that a sales promotion offer or a sales promotion contest or prize game is one, state the conditions for using the offer or taking part, and keep those conditions easy to access (section 14/A, paragraphs 1 c) and d) and 2).
These lines are LexLint's reading of the law's text.
Who enforces it
Enforcement body
The authority that the act on the prohibition of unfair commercial practices against consumers names conducts the procedure for a breach of section 14/A (section 16/A, paragraph 1).
Settledness
- As of
What this law does
Section 14, paragraph 1 of Act CVIII of 2001 defines an electronic advertisement as an advertisement within section 3 d) of Act XLVIII of 2008, or information serving a social purpose that is not an advertisement, communicated through an information society service or, other than a voice telephone call, through electronic communications.
Section 14/A, paragraph 1 a) and b) requires clear information that an electronic advertisement is an advertisement and, for one sent by electronic mail or an equivalent individual means of communication, about the real sender. Section 14/A, paragraph 1 c) and d) requires clear information on the nature of a sales promotion offer, such as a discount, bonus or gift, and of a sales promotion contest or prize game, and on the conditions of taking part.
Section 14/A, paragraph 3 makes the electronic advertiser, the electronic advertising service provider and the publisher liable for a breach of paragraph 1 a) and b), and the electronic advertiser alone for a breach of paragraph 1 c) and d) and paragraph 2.
Section 16/A, paragraph 1 gives the authority that the act on the prohibition of unfair commercial practices against consumers names the power to conduct the procedure for a breach of, among other provisions, section 14/A. Section 41, paragraph 8 of Act XLVII of 2008 established the current wording of section 14/A.
When LexLint raises it
When your app profile says your app sends automated outreach or sends commercial email.
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