Newsletters: is consent needed to send marketing e-mails in Switzerland?
By Advisorn · updated on 25 October 2026 · Art. 3 para. 1 let. o UCA, Art. 6 and 19 FADP, Art. 13 Directive 2002/58/EC
In short
Yes, as a rule. The Unfair Competition Act prohibits mass advertising by e-mail without the prior consent of the recipient (Art. 3 para. 1 let. o UCA). The exception is customers who gave their address when buying, for advertising of similar products or services, if they were told they can refuse it. Every mailing must name the sender and offer a simple, free way to unsubscribe.
Good practice
- a sign-up box not ticked in advance, separate from the general terms;
- confirmation of the sign-up by e-mail (double opt-in), which proves consent;
- keeping the date and the way of signing up;
- an unsubscribe link in every e-mail, which works at once;
- naming the mailing tool in the privacy notice and, if it is in the United States, the safeguards for the transfer.
Open statistics
Many tools count who opens the e-mails and what they click on. This is processing of personal data: it must be stated in the privacy notice and, for recipients in the EU, as a rule requires consent.
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General information, not advice on your case: for your case the text of the law prevails. For a question about your case there is Advisorn's consulting.