Spamming Under Austrian Law

On the European level, spamming is regulated by the E-Commerce Directive 2000/31/EC on Certain Legal Aspects of Information Society Services (the “E-Commerce Directive”) and by European Directive 2002/58/EC on Privacy and Electronic Communications that came into force on July 31, 2002 (the “Electronic Privacy Directive.”) Austria, like the other Member States of the EU, has until October 31, 2003 to implement the Electronic Privacy Directive. On the Austrian level, spamming is regulated by Section 101 of the Federal Law Relating to Telecommunications (“TKG,”) which prohibits spam done without the prior consent of the subscriber.

The following questions have been addressed in this article:

On the European level, what rules apply to spamming?
What rules apply to spamming under Austrian law?
What sanctions apply to the violation of the anti-spamming regulation?
How might spammers identify spam opponents?


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