TL;DR: If you don’t have consent from each member individually to email them, for Swiss citizens, you are likely breaking Swiss Federal Law.
If you are thinking about sending marketing messages via email to members of the Association, please bear the following information in mind:
- Swiss Federal law protects the privacy and personal data of all Swiss citizens, especially in terms of electronic communications.
- Specifically, it closely monitors the collection, processing and use of contact files as well as professional emailing campaigns. It is based in particular on a model of prior collection of the consignee’s consent before sending commercial messages.
- Swiss law criminally punishes spam, based on the argument of unfair advertising, for three years or will enforce a penalty of up to CHF 100,000.
Members of the Association are within their rights to file a criminal complaint through their Canton, against your organization if:
- You do not have an existing customer relationship with them and there is a link between the service purchased at a particular time and the service advertised.
- You are advertising third party services.
- You do not readily identify the sender.
- You do not offer an easy-to-find, free-of-charge unsubscribe option within the email.
Further references: Section 3 UWG, Art. 45 a FMG, Art. 4 (3) and (4) DSG