Special duties in respect of commercial communications

(1) Service providers must, in respect of commercial communications that are digital services or components of digital services, observe at least the following: 1. commercial communications must be clearly identifiable as such, 2. the natural or legal person on whose behalf commercial communications are made must be clearly identifiable, 3. offers of sales promotions such as discounts, premiums and gifts must be clearly identifiable as such, and the conditions for taking advantage of them must be easily accessible and stated clearly and unambiguously, and 4. prize competitions or promotional games of chance must be clearly identifiable as such, and the conditions for participation must be easily accessible and stated clearly and unambiguously.
(2) Where commercial communications are sent by electronic mail, neither the sender nor the commercial nature of the message may be disguised or concealed in the header or subject line. Disguising or concealing exists where the header or subject line is deliberately designed in such a way that the recipient, before viewing the content of the communication, receives no information, or misleading information, about the true identity of the sender or the commercial nature of the message.
(3) Video-sharing platform providers must provide a function by which users uploading user-generated videos can declare whether those videos contain audiovisual commercial communication.
(4) Video-sharing platform providers are obligated to label audiovisual commercial communication that users have uploaded to the video-sharing platform service as such, where they have become aware of it under paragraph 3 or otherwise.
(5) The provisions of the Act Against Unfair Competition and of the Price Indication Ordinance remain unaffected.