Anti-spam legislation in consideration of personal data protection and other legal instruments
The contribution deals with the possibilities of legal protection from an undesirable phenomenon called spam or, more precisely, spamming, pursuant to the Czech and European laws. In particular, the legal forms of protection of personal data, privacy, and personal rights are described in detail along with unfair competition and the law of obligations in tort. Attention is also paid to effective means that fall outside direct legal regulation, in particular, the technological and Community forms of protection against spam and other issues relating to this phenomenon. The author thoroughly deals not only with the terminological problems but also, for example, with the issue of identification and proving of related legal facts, including the issue of governing law.