What is spam?
The term „spam” is a generic term that refers to unsolicited electronic messages that the recipient has not given his or her consent to be sent.
The internet is full of so-called robots that scan websites to collect public email addresses to be found on these sites. The data is then usually sold for money, so a sender can send an unsolicited message to thousands of recipients, which could be advertising or even an attempt to illegally obtain your bank details.
The sender usually sends these letters to hundreds or thousands of addresses at the same time, usually with some kind of advertisement content or content encouraging purchases. Messages containing funny pictures or videos are also considered spam, but spam typically invites the recipient to claim a prize, enter a prize draw, or buy a product or take advantage of a promotion. The most important thing is to recognise when you are dealing with spam: do not open an email or advertisement from a sender you do not know, and if possible, delete it without reading it.
The form of spam described in the legislation is unsolicited electronic advertising, i.e. advertising that is communicated to a natural person as the recipient of the advertising by means of a direct solicitation (direct marketing), in particular by electronic mail or equivalent means of individual communication (SMS), without the prior, clear and explicit consent of the recipient of the advertising.
What can we do about spams?
By following some basic rules, you can reduce the amount of unsolicited content you receive online. Do not share your email address on social networking sites; do not register on a website that is not verified; create an email address that does not refer to you as a person in any way and use only that in the virtual space. Delete any suspicious messages without reading them; and as for unwanted newsletters, look for the unsubscribe button, usually shown in small letters, and ask to be removed from the mailing list. Do not click on suspicious emails from unknown senders, and if you can, use a spam and malware filtering program.
If you do have a problem with unsolicited emails and need help, the first thing you need to do is identify exactly what you are dealing with.
The NMHH does not have the authority to take action against messages sent by viruses or so-called phishing mails, automatic e-mails generated (sometimes incorrectly) by electronic mail, content and virus filtering systems, or chains of funny pictures, videos or even false information (hoaxes), or against mailings in foreign languages or aimed at non-Hungarian consumers.
The NMHH can only take action against messages containing advertising content where the problem is unlawful advertising, for example where electronic advertising is sent to natural persons who did not want it, or who have not given their prior consent to receive such messages.
The law prohibits the unsolicited sending of electronic advertising if it is not sent to a company or contact person, but to a private individual. Messages sent without prior consent are illegal, as are messages requesting permission to send advertising. In such cases, the NMHH may initiate proceedings ex officio on the basis of a request or (following a notification or a finding on its own initiative).
To initiate a supervisory procedure for unsolicited electronic advertising, the NMHH Unsolicited Advertising Notification Form must be completed in full and submitted by post or electronically, or in person. The NMHH shall also provide the notification form as a paper document on request at its customer services. Please note that to submit the form electronically, you must have a Citizen Portal login ID.
It is important to point out that the NMHH only carries out its supervisory procedure on the basis of applications or notifications submitted by natural persons in the case of e-advertisements sent to them.
Information for advertisers
When sending and displaying electronic advertisements, advertisers must comply with the relevant legal requirements, in particular electronic commerce and data protection rules.
In the case of electronic messaging with marketing content subject to authorisation (e-mail, SMS), the prior, unambiguous, explicit and voluntary consent of the natural person to receive the advertisements is required, and consent automatically deemed to be prior consent shall not be accepted.
Electronic messages containing advertisements must clearly indicate that the content is an advertisement and include information that identifies the advertiser.
All such messages must provide a simple unsubscribe option in a clearly visible way, allowing the recipient to withdraw his or her consent at any time, without restriction and without giving any reason, free of charge (unsubscribe). The unsubscriber should no longer receive such advertisements.
In addition to being a privacy concern, invitations or “recommend to a friend” functions operated by websites should not be used to create email lists for marketing purposes where the users of the contact details have not given their prior consent themselves to receive electronic advertising.
Contact details posted in public places, such as websites, should not be used for advertising without prior consent if the contact details are not specifically published for advertising purposes.
Procedures relating to electronic advertising
Below we provide an overview of the essence of the supervisory procedure on unsolicited electronic advertising, when and under what conditions the NMHH may initiate the procedure, what infringements are subject to investigation and what legal consequences may be imposed on electronic advertisers/publishers of electronic advertisements/electronic advertising service providers for breaching the rules. The aim is to provide market players with a clear guarantee of legal electronic communications and consumer protection.