DiKE Zivilrechtliche Ansprüche gegen den Versand von elektronischer Massenwerbung (Spam)

This publication provides an overview of the topic of spam, focusing heavily on the civil law requirements for spam advertising under Swiss law. In the event of non-compliance, it also outlines the legal claims and enforcement options available to spam recipients and highlights relevant civil procedural issues in both national and international contexts. A central focus is on Article 3 letter o of the Federal Act against Unfair Competition, which was newly introduced in Switzerland on April 1, 2007, stating that the sending of electronic mass advertising is considered unfair competition under certain conditions. Additionally, it discusses the applicable legal bases from competition law, personality rights, data protection law, and property law that continue to be relevant in the area of spamming, as well as the regulation by the Swiss Fairness Commission.