§ 107 Telecommunications Act

Unsolicited communications

 

§ 107. (1) Calls, including facsimile transmissions, for marketing purposes shall not be permitted without the prior consent of the subscriber. The consent of the subscriber shall be equivalent to the consent of a person authorised by the subscriber to use his line. The consent given may be withdrawn at any time; withdrawal of the consent shall not have an impact on any contractual relationship with the addressee of the consent.

 

(2) The sending of electronic mail - including SMS messages - to consumers as defined in § 1 (1) item 2 Consumer Protection Act [Konsumentenschutzgesetz] without the recipient’s prior consent shall not be permitted if

  1. the sending takes place for purposes of direct marketing or
  2. is addressed to more than 50 recipients.

(3) Prior consent to electronic mail pursuant to subsection (2) shall not be required if

  1. the sender has received the contact details for the communication in the context of a sale or a service to his customers and
  2. the communication is transmitted for the purpose of direct marketing of his own similar products or services and
  3. the customer clearly and distinctly has been given the opportunity to object, free of charge and in an easy manner, to such use of electronic contact details when they are collected and on the occasion of each message in case the customer has not initially refused such use.

(4) The sending of electronic mail - including SMS messages - to recipients other than the ones set out in subsection (2) shall be permitted without the recipient’s prior consent if the sender gives the recipient the express opportunity in the electronic mail or the SMS message to refuse the receipt of further messages.


(5) The sending of electronic communications for purposes of direct marketing shall be prohibited even where the requirements of subsections (2), (3) and (4) exist if the identity of the sender on whose behalf the communication is transmitted is disguised or concealed or if there is no valid address to which the recipient may send a request that such communications cease.


(6) If administrative offences pursuant to subsection (1) have not been committed in Austria, they shall be considered as having been committed in the place where the call reaches the subscriber’s line.