The German Bundestag on 17 February 2005, first reading a draft Anti-Spam Act advice. The anti-spam law is intended to expand the Teleservices Act to the following scheme:
” If the commercial communication sent by electronic mail (e-mail), may be in the header and subject line, neither the sender nor the commercial nature of the message to be obscured or concealed. A disguise or concealment exists especially when the header or subject line is intentionally designed so that the recipient will receive prior inspection of the contents of any communication or misleading information about the real identity of the sender or the commercial nature of the message.
A violation of this rule is to be punished as a misdemeanor with a fine of up to 50,000 euros. The scheme, however, would prevent only mislead the sender and content of the mail, but not the sending of unsolicited commercial e-mails itself
The law was in the 15th Legislature of the German Bundestag adopted and is no longer in the 16th Not enter parliament as an independent law in force. Instead, a similar scheme in the new Telemedia Act as § 6 paragraph 2 is introduced.
Law in Austria
In Austria, from 1999 to 2003 prohibited the sending of bulk or commercial e-mail to § 101 Telecommunications Act (the Act) 1997 requires the prior consent of the recipient (opt-in), UCE and UBE so. The succession plan, § 107 TKG 2003, UCE permitted to companies or agencies, even with limitations on existing retail when they can refuse further messages (opt-out). Bulk or commercial e-mail to individuals continue to require the prior consent of the recipient (opt-in). Since March 2006 the sending of UCE and UBE (without prior consent of the recipient) is once again banned altogether. Also a mail or a phone call to obtain such consent meets the definition in § 107 of the Act.
Legal Consequences for violations
Through the unsolicited making a call, the unsolicited sending a fax or sending unsolicited electronic mail, the sender commits an administrative offense and be fined a height of up to € 37.000, – punish. For the display of a violation of § 107 of the Act, the regional telecommunication offices are responsible. In addition, injuries to the imprint and disclosure obligations, and violations of the labeling requirement of (direct) advertising with up to 2180 euros or 3,000 euros will be punished.
The law sets out nuisance advertising as a violation of the Federal Law against Unfair Competition (UWG). Due to unsolicited communications may therefore be sued for injunctive relief and damages.
Requirements for electronic mail without prior consent
A prior approval for electronic mail is not exceptionally necessary, if the following five conditions:
* The sender has the contact information for the message in connection with the sale or service to its customers and receive
* The message is for direct marketing of its own similar products or services and
* The customer has the opportunity to receive such messages in the collection and
* Reject each transfer of charge and without any problems and
* The client has not refused to receive in advance. In particular, should not be sent to recipients who are entered into the Robinson list. This list is kept by the regulatory authority for telecommunications and broadcasting, and is observed by the sender always, if there is no consent.
This exception applies only to electronic mail, but not for phone calls and faxes. This fully applies to the consent requirement.
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