§ 174 TKG 2021
Unsolicited messages (direct marketing)
Marketing SMS/email to natural persons requires prior consent. Soft opt-in applies for existing customer relationships on similar own goods/services. Every marketing message must include a simple, free-of-charge unsubscribe option.
§ 109 TKG 2021
Data protection in telecoms
Connection and location data are purpose-bound. Use for marketing — even in anonymised aggregate — requires a separate subscriber consent.
§ 121 TKG 2021
Number portability
Portability between the three networks must complete within one working day of application acceptance. Routing without an HLR lookup means SMS land in the former host network — delivery fails or runs late.
RTR-Bescheid 2024 — Sender-ID
Alphanumeric sender IDs
Up to 11 characters allowed; pre-registration with the aggregator is mandatory. Spoofing well-known brands (A1, Magenta, Erste Bank, Polizei) triggers carrier blocking and can be sanctioned by the RTR with up to EUR 50 000.
ECG § 7 (E-Commerce-Gesetz)
WKO Robinson list
Listed numbers are excluded from cold marketing. The list must be screened before every campaign — breaches are sanctioned as unfair competition (UWG § 1).
DSGVO Art. 5 + DSG § 1
Privacy principles
Data minimisation, purpose limitation, storage limitation. Phone numbers count as personal data. Audit logs for send operations must be kept for at least 1 year — 5 years in FMA-regulated industries.