HungaryAct C of 2003 on Electronic Communications, Section 162, Automated Calling Systems and Direct Marketing Contact (section 162 as rewritten in 2021)
2003. évi C. törvény (Eht.) 162. §
In force since .
A telephone contact rule binding public and private bodies.
- Obligation class
- Consent, Prohibition, Disclosure
What it requires
- Do not use an automated calling system without human intervention, or another automated means of creating a subscriber contact, for direct marketing, information or market research unless the subscriber has consented beforehand (Eht. section 162, paragraph 1 a)).
- Do not initiate contact for direct marketing, information, opinion polling or market research with a subscriber who has declared that he or she does not wish to receive such contact, including direct marketing outside section 6 of Act XLVIII of 2008 and information that is not advertising under that Act (section 162, paragraph 2).
- Make sure the sender's identifying data can be recognized in every direct marketing, information, opinion-polling or market-research item you send, even where the subscriber has expressly consented (section 162, paragraph 3).
These lines are LexLint's reading of the law's text.
Who enforces it
Enforcement body
The National Media and Infocommunications Authority (Nemzeti Média- és Hírközlési Hatóság) may apply legal consequences against a breach of an electronic communications rule (section 48, paragraph 1).
Settledness
- As of
What this law does
Section 162, paragraph 1 of the Act on Electronic Communications allows an automated calling system without human intervention, or another automated means of creating a subscriber contact, to be used for direct marketing, information or market research only if the subscriber has consented beforehand.
Section 162, paragraph 2 prohibits initiating contact for direct marketing, information, opinion polling or market research with a subscriber who has declared that he or she does not wish to receive such contact. Section 162, paragraph 3 prohibits sending a direct marketing, information, opinion-polling or market-research item from which the sender's identifying data cannot be recognized, even where the subscriber has expressly consented.
Section 162, paragraph 5 lifts paragraph 2 for opinion-poll contact made by dialing randomly generated numbers without a public database, unless the subscriber has objected in one of the ways that paragraph lists. Section 2, paragraph 1 of Act CXIII of 2021 established the current wording of section 162, paragraph 1.
When LexLint raises it
When your app profile says your app places automated calls.
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