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Legal Aspects of the Security of Electronic Data Communication

September 2007

Companies can achieve significant productivity gains and cost savings thanks to a technically and organizationally thought-out use of the internet and e-mail. However, the connection of the company with the worldwide web holds its own risks and is a potential source of harassment. The existing legal provisions are not always adequate to protect against such risks. On 1 April 2007, a new legal provision prohibiting "spamming" entered into force (Article 3 lit. o of the Swiss Unfair Competition Act “UCA”). The enacting of this provision provides the opportunity to examine specific legal questions in connection with the exchange of electronic data. In particular, the topics of private data communication at the work place, mass advertising by way of e-mail (spamming) and so-called "phishing" shall be discussed.

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