Canvassing on the line

Withdrawn ticket mood because of a telephone canvassing at the wrong time Uefface since…), I came across a recent interesting synthesis of the federal Office of communications to be subject. If I interpret what is said: in Switzerland, telephone canvassing is simply permitted. On the other hand, the "spamming" is prohibited. The difference between the two is minimal, and perhaps even blurred. At the level of the legal limits (source: OFCOM):

  • a company doesn't have the right to completely automate the canvassing. You must be in connection with a person once the communication is established.
  • You may request that your number be removed from the list of subscribers available to the company.
  • any cold calling must respect the legal requirements, particularly for the protection of personality under the Swiss civil code (art.) 28 ss. (CC), the Federal law on the protection of data (art.) 8 and 12 LPD) and the Federal Act against unfair competition (art.) 2 and 3 LCD). To our knowledge, no stop has still made by a tribunal on questions of breach of privacy in relation to telephone canvassing.

About the asterisk in the directory, it means according to the law that "customers in a directory have the right to state clearly that they do not want to receive advertising messages from third party and that the data cannot be disclosed for purposes of direct advertising marketing". However, it leaves open the door (man) to the other methods of collection (shareholdings in contests, inquiries or previous purchases, etc.). The fact that a company called you while you did include an asterisk next to your name may constitute a breach of the right of personality or an unfair competition act. If you feel harassed by telephone canvassing, you can submit your case to the Swiss commission for loyalty: www.lauterkeit.ch the OFCOM proposes also some measures to limit the number of calls received:

  • Ask your operator to add an asterisk next to your name in the directory (home, it is done..)
  • Ask the company that calls you to remove your details from its list (that's it for the recent case…)
  • Be careful when you give your details during a sale or when you participate in a contest. The terms and conditions in general contain a clause that gives the right to the company to use your information for advertising purposes and pass them on to its trading partners see sell to specialised companies.
  • Some operators offer the ability to block all calls from hidden numbers, often used by businesses of canvassing. Then, you can no longer receive calls from phones whose number is hidden.
  • Offer publishers, in particular Swisscom Directories, market leader, often different options for publishing your number (online only or also on paper, for example). Ask the editors to adapt the way in which your details are published.

In short: We're not done to be victim of these direct telephone… Other interesting OFCOM documents:

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