Österreich (AT)

Austria

VIBE!AT - Verein für Internet-Benutzer Österreichs
(Austrian Association for Internet Users)

§ 107 of the new Telecom-Law 2003 (TKG 2003) includes only reduced spam-proctection, compared to the previous § 101 TKG 1997.

Unofficial translation:

§ 107. Unsolicited Calls

(1) Calls - including the sending of telefaxes - for advertising purposes without the prior consent of the subscriber are not permitted. The consent of any one person authorised by the subscriber to use that subscriber's connection is of equal standing. Consent can be revoked at any time; the revocation of such consent has no effect on contractual relations with the party to whom consent had been given.

(2) The practice of sending electronic mail - including SMS - to consumers (as defined by § 1 Art. 1 Z 2 Consumer Protection Law) without prior consent is prohibited if

1. the electronic mail was sent for purposes of direct marketing, or
2. the electronic mail was sent to more than 50 recipients.

(3) Prior consent according to Article 2 is not required if

1. the sender has obtained the electronic contact details of its customers in the context of the sale of a product or a service, and
2. these electronic contact details are used for direct marketing of its own similar products or services, and
3. provided that customers clearly and distinctly are 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.

(4) The practice of sending electronic mail - including SMS - without prior consent to other recipients than those defined in Article 2 is allowed if the electronic mail or SMS explicitly provides the recipient with the opportunity to object to any further messages.

(5) The practice of sending electronic mail for purposes of direct marketing disguising or concealing the identity of the sender on whose behalf the communication is made, or without a valid address to which the recipient may send a request that such communications cease, is prohibited even if Article 2, 3 or 4 apply.

...

§ 109.

(3) An infraction subject to a fine of up to EUR 37000 is committed by anyone who

(2003-10-21)

(2002-01-01)

The following legislation has been superceded by the TKG 2003 and is only referenced for historical purposes:

An amendment to the Telecom-Law 1997 (TKG 1997) outlaws UCE/UBE.

Unofficial translation:

§ 101. Unsolicited Calls

Calls - including the sending of telefaxes - for advertising purposes without the prior consent of the subscriber are not permitted. The consent of any one person authorised by the subscriber to use that subscriber's connection is of equal standing. Consent can be revoked at any time; the revocation of such consent has no effect on contractual relations with the party to whom consent had been given.

Sending of email in bulk or for advertising purposes requires the prior - revocable at any time - consent of the recipient.

...

§ 104.

(3) An infraction subject to a fine of up to 500,000 ATS (EUR 36,330 or USD $37,060) is committed by anyone who

  ...

  23. contrary to § 101 makes unsolicited calls or sends bulk or advertising email.

(1999-07-19)

Offener Brief an die Mitglieder des Justiz-Ausschusses bezüglich Umsetzung der Fernabsatzrichtlinie.

(1999-07-01)

VIBE.AT-Aktion: 7 Fragen zur Internetpolitik.

(1999-05-11)

Anfrage zu unerbetener Email-Werbung an SPÖ, ÖVP, FPÖ, Grüne und LIF.

(1999-04-21)

Unerbetene Werbemails nach Telekomgesetz nicht strafbar? (Verfahren von Fernmeldebehörde eingestellt da "E-Mail" im Gesetz nicht explizit genannt wird).

(Albert Koellner 1999-04-20)

The comments of the Austrian Chamber of Commerce (Wirtschaftskammer) regarding the planned E-commerce directive (COM(1998)586) can be found at http://www.wk.or.at/rp/ecommerce-st.htm (in German). Interesting to note is Article 7 where they recommend to outlaw UCE and to require an Opt-In System.

(Albert Koellner 1999-02-22)

The Telecommunications Act of 1997 and previous case law concerning the Competition Act prohibit unsolicited telephone and telefax contact for advertising. The situation for email is not clear at present, as no lawsuit has been brought.

(Beebit 1998-06-08)