Ustawa o świadczeniu usług drogą elektroniczną, Identification of Commercial Information
In force since .
A commercial messages rule binding private bodies.
- Obligation class
- Disclosure
As of .
What it requires
- Set commercial information apart and mark it so clearly that there is no doubt it is commercial information.
- Name the entity on whose behalf the commercial information is distributed and give its electronic addresses.
- Describe promotional offers, such as price reductions and free benefits, clearly, and state clearly the conditions for taking them up where they are part of the offer.
- Include any information that may affect the allocation of responsibility between the parties, in particular warnings and reservations.
What this law does
Article 9(1) requires commercial information to be clearly set apart and marked so that there is no doubt that it is commercial information.
Article 9(2) requires commercial information to name the entity on whose behalf it is distributed and give its electronic addresses, to describe promotional offers such as price reductions and free benefits clearly together with the conditions for taking them up, and to carry any information that may affect the allocation of responsibility between the parties, in particular warnings and reservations. Article 9(3) leaves the Act on Combating Unfair Competition and the Gambling Act unaffected.
Article 9 appears in the chapter headed duties of the service provider providing services by electronic means. A service provider is a natural person, a legal person or an organizational unit without legal personality that provides services by electronic means in the course of a business or professional activity, even if ancillary.
When LexLint raises it
When your app profile says your app sends automated outreach.