Do You Need Consent For Electronic Direct Marketing?

Part 9 of our series on data protection law in Switzerland

In this part of our series, we explore whether consent is needed to send electronic direct marketing messages, how this consent must be obtained and what exceptions apply.

Prior consent as a general rule

In Switzerland, electronic direct marketing is governed not only by the Federal Act on Data Protection (FADP), but also by the Federal Act on Unfair Competition (UCA). According to Art. 3(1)(o) UCA, mass advertising that has no direct connection to a requested service or content may only be sent with the recipient's prior consent.

Each marketing message must also:

• clearly identify the sender, and
• provide a simple, free-of-charge way to opt out of future communications.