Article 11.7

• 1

  The use of automated calling and communication systems without human intervention, facsimiles and electronic messages for the transmission of unsolicited communications for commercial, idealistic or charitable purposes to subscribers or users shall be permitted only if the sender can prove that the relevant subscriber or user has given prior consent, without prejudice to the provisions of paragraphs 2 and 3.

• 2

  If the user referred to in the first paragraph is a legal entity or a natural person acting in the course of his profession or business, with respect to the transmission by electronic messages of unsolicited communications for commercial, idealistic or charitable purposes, no prior consent is required:

  • a.

    if, in transmitting the communication, the sender uses electronic contact information designated and disclosed by the user for that purpose, and it has been used in accordance with the purposes assigned by the user to that contact information, or

  • b.

    if the user is located outside the European Economic Area and the regulations in force in the relevant country regarding the sending of unsolicited communications are met.

• 3

  Any person who has obtained electronic contact data for electronic messages in connection with the sale of his product or service may use such data for the transmission of communications for commercial, idealistic or charitable purposes relating to his own similar products or services, provided that when the contact data were obtained, the customer was clearly and expressly offered the opportunity to oppose the use of such electronic contact data, free of charge and in a convenient manner, and, if the customer did not avail himself of this opportunity, he was offered the possibility of opposing the further use of his electronic contact data under the same conditions with each communication transmitted. Article 12(3) of the General Data Protection Regulation shall apply mutatis mutandis.

• 4

  The use of electronic messages for the purposes mentioned in the first paragraph shall be subject mutatis mutandis to the requirements of section 15e, first paragraph, subsections a to c, of Book 3 of the Civil Code, and said use shall not contain any encouragement to consult information on the Internet in violation of that section. Such use shall at all times include the following information:

  • a.

    the true identity of the person on whose behalf the communication is being transmitted, and

  • b.

    a valid mailing address or number to which the recipient may address a request to terminate such communications.

• 5

  The use of means, other than those referred to in subsection 1, for transmitting unsolicited communications for commercial, idealistic or charitable purposes is permitted subject to the provisions of subsections 6 to 12, unless the subscriber has indicated, in the manner referred to in subsection 6 or otherwise, that he does not wish to receive the unsolicited communication.

• 6

  There shall be a register containing the contact details of the subscriber who thereby indicates that he does not wish to receive unsolicited communications as referred to in paragraph 5. Entry in the register is for an indefinite period of time until the subscriber gives notice that his contact information may be removed from the register. The register shall be kept by an administrator to be appointed by Our Minister. The administrator shall be the data controller.

• 7

  The purpose of the register is to safeguard the subscriber from unsolicited communications that he has indicated that he does not wish to receive. The subscriber's contact information contained in this register will not be used for any other purpose.

• 8

  At the request of the person who wishes to transmit communications as referred to in the fifth paragraph, the administrator shall block or remove contact data of subscribers included in the register from files containing contact data of subscribers offered to him, or, at the request of the person who wishes to transmit unsolicited communications as referred to in the fifth paragraph, shall make available the contact data of subscribers from the register for that purpose.

• 9

  It is prohibited to transmit communications referred to in the fifth paragraph to a subscriber who has indicated, by including his contact information in the register, that he does not wish to receive these unsolicited communications.

• 10

  The person transmitting communications referred to in the fifth paragraph shall use for the transmission of unsolicited communications only files from which the contact information contained in the register has been blocked or deleted.

• 11

  The ninth and tenth paragraphs do not apply to the transmission of communications referred to in the fifth paragraph to the extent that the contact details have been obtained in the context of the sale of a product or service or in the context of donations to a nonprofit or charitable organization and they are used for the transmission of communications referred to in the fifth paragraph with respect to the organization's own similar products or services or donations to the nonprofit or charitable organization.

• 12

  During each communication transmitted, attention shall be drawn during the conversation to the register and to the possibility for the subscriber to object to the further use of his electronic contact data, and the subscriber shall be offered the possibility of immediate inclusion in the register referred to in paragraph 6. In such a case, the subscriber shall not be charged for facilities preventing the transmission of unsolicited communications to him. Article 12(3) of the General Data Protection Regulation shall apply mutatis mutandis.

• 13

  Further rules may be established by or pursuant to general order in council regarding:

  • a.

    blocking or removing subscribers' contact information from files used to transmit communications as referred to in paragraph 5, making subscribers' contact information available from the registry, and the period during which the files are retained and can be used;

  • b.

    the duties, organization and accountability of the registry administrator;

  • c.

    access to the registry as well as the establishment and use of the registry;

  • d.

    the possibility of opposition referred to in the twelfth paragraph;

  • e.

    the possibility of immediate inclusion in the register referred to in the twelfth paragraph.