Legal Literature

  • Legal Literature Details
    • Member State: Austria
    • Title: Are unsolicited (advertising) calls and e-mails still unfair? The effect of the 2007 amendments to the Austrian Unfair Competition Act.
    • Subtitle:
    • Type:
    • URL:
    • Author: C. HANDIG
    • Reference: ÖBl [Österreichische Blätter für Gewerblichen Rechtsschutz und Urheberrecht] 2008, 13, pages 65-70
    • Publication Year: 2008
    • Keywords: email, full harmonisation, telephone, unwanted solicitations
  • Directive Articles
    Unfair Commercial Practices Directive, Whereas, (7) Unfair Commercial Practices Directive, Annex I, 26.
  • Headnote
    So far, it could simply be assumed that unsolicited calls, faxes, SMS and e-mails for advertising purposes were unethical in terms of section 1 of the Austrian Unfair Competition Act (UWG).

    However, due to the amendments to the UWG in 2007, Community law standards were implemented, so that a totally harmonised area of fair commercial practices law has been created. Hence, according to the author of the present article, the new legal situation requires a more differentiated assessment.
  • General Note
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