On 25 November 2021 (Case C-102/20), the European Court of Justice (ECJ) ruled that displaying advertisements directly in the e-mail inbox, so-called inbox advertising (“Inbox Werbung”), is only permissible with the recipient’s prior consent. The ECJ’s reasoning can also apply to the legal situation in Switzerland on the basis of the provisions of the Federal Act against Unfair Competition.

On 16 March 2020, the Swiss Federal Council declared an “extraordinary situation” under the Federal Law of Epidemics. This is the most severe status contemplated under the law and equates to a state of emergency. It allows the Federal Government to order all necessary measures for parts of or the…