IT-Law, Telecommunication Law and E-Commerce
During the last two decades, the service society turned into today’s information society. The processing and communication of information and the use of computer, internet and various software programmes have become the focus of attention. They have become indispensible in today’s society. Thus, regulations had to be established not only at international (e.g. E-Privacy-Directive 2002/58/EC and 2009/136/EC, E-Commerce-Directive 2000/31/EC) but also at national level (Telecommunications Act, E-Commerce Act). Those regulations contain different information obligations and regulatory provisions addressing especially providers of electronic services (websites, newsletters, online orders respectively bookings etc).
This is the focus of our consulting service: We support our non‑corporate and corporate clients with the organization of their homepages in conformity with the law, with the preparation of general terms and conditions regarding online commerce and distribution as well as with the obtaining of clients information in order to use this information for marketing and advertising promotions in conformity with the law. We draft exemplary declarations of consent for the sending of newsletters, text messages as well as various promotion items or materials. In addition, we ensure that the “Robinson-list” (list of e-mail addresses, to which no commercial advertisement shall be sent and “cold calling” is prohibited) managed by the Austrian Regulatory Authority for Broadcasting and Telecommunications does not become an obstacle for advertising companies. Moreover, we prevent our clients from being confronted with injunctive reliefs according to civil law including any cost implications. Another main focus of our areas of expertise is put on the drafting of IT policies and end user agreements for the use of telephone, e-mail, internet and social media by employees at work.
Our activities are not limited to the consultation in compliance questions, we also assist with the assertion of claims before courts (e.g. in cases of infringement of domain or competition law by competitors in connection with improper advertising campaigns) respectively with the defense of injunctive reliefs, claims for removal or damage according to civil law.