General Legal Conditions
Since April 1, 2007, newsletters and bulk e-mails are only allowed if the following guidelines are adhered to.
According to Swiss legislation (Art. 3 sec. 1 lit. o UWG) the automatic mass mailing of advertising by e-mail is only permitted
- if the mass advertising is directly related to a requested content, the recipients have expressly given their consent, the sender (sender or client) is mentioned in the e-mail and the recipients are informed of this in each message and have the option of rejecting further messages for free and without any problems,
- if the sender receives contact information from customers when selling goods and services, works or services, indicating the possibility of rejection and subsequently sending mass advertising for his own similar goods, works or services , where by naming the sender and the recipients are notified with each message and have the possibility to reject additional messages free of charge and without any problems. violations of these provisions are a criminal offence.
Below are some non-binding notes on this provision. Ultimately, each consignor is responsible for complying with the legal provisions.
1. Reference to the products
Bulk e-mail senders may only send e-mail relating to their area of business. They should also be consistent with recipients' expectations to avoid spam.
2. Consent of the recipients
Senders of bulk e-mails and newsletters require the consent of each user of their distribution list for the receipt of advertising e-mails (opt-in method).
3. Possibility of unsubscribe from marketing e-mails and newsletters
Recipients must be able to revoke the consent given at any time and to be able to unsubscribe from receiving these e-mails free of charge and without difficulty (opt-out method). This option must be indicated in each e-mail. It is also important to ensure that customers who have unsubscribed or do not want e-mails will no longer receive said e-mails.
4. Contact information of the sender
It must be possible to identify the sender, be it the consignor or a client. The contact details for the sender must be correct and complete in the e-mail.