be used for any purpose other than to publish a telephone directory or for telephone number information
services.
Article 46
Unsolicited communications
The use of automated calling systems, facsimile machines or electronic mail for direct marketing is only
allowed if a subscriber has given prior consent.
Notwithstanding the provisions of the first paragraph, electronic mail addresses obtained in the context of
the sale of a product or service may be used for direct marketing of own goods or services if customers
are given the opportunity to
object to such use of addresses free of charge when they are listed and similarly each time a message is
sent, if the customer has not initially refused such use.
Apart from that provided for in the first and second paragraphs, unsolicited electronic communications in
the form of direct marketing are not allowed to subscribers who do not wish to receive these
communications.
The sending of electronic mail for purposes of direct marketing, where the name and address of the
party responsible for the marketing is not clearly indicated,shall be prohibited.
Users who use public telephone services as part of their marketing must respect designations in a
telephone directory indicating that the subscriber in question does not wish to receive such calls to
his/her number.
Article 47
Security and confidentiality
An electronic communications undertaking providing public electronic communications services must
take appropriate measures to ensure the security of its services, in consultation with the operators of
electronic communications networks
where applicable. If there is a particular risk of a breach of the security of a certain network, the service
provider must inform the subscribers of such risk.
All persons working with electronic communications facilities, whether personnel of electronic
communications undertakings or others, shall be obliged, both during their period of employment and
after its conclusion, not to reveal to
unauthorised parties anything which has passed through the electronic communications facilities,
whether this involves the substance of messages or conversations or whether electronic communications
have taken place and between
whom.
Without a prior court ruling to this effect, no unauthorised parties may be permitted to see messages,
other documents or records of communications which pass through the electronic communications
facilities or to listen to conversations
transmitted or record them. With regard to access by law enforcement officers to electronic
communications data, the provisions of the Criminal Proceedings Act shall apply.
No one employed by electronic communications facilities, networks or services may conceal messages,
data, images or other signals which are submitted for telecommunication or assist others in such actions.
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