Spamming In Switzerland

Spamming over the internet is a relatively new marketing-tool. In contrast to the different spam-guidelines of the EU, Switzerland lacks an explicit regulation. Swiss unfair competition laws have been used to fill this gap. They provide that an advertiser engages in unfair competition and is subject to civil liability if he diminishes a customer’s freedom of decision by improper methods. Web site owners who advertise over the internet should therefore be cautious in choosing their advertising methods.

The following questions have been addressed in this article:

What is an aggressive selling-method under the UWG?
When is there a cause of action against unsolicited e-mails?
When is unsolicited mail likely to be proper?

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