The following Commercial practice note provides comprehensive and up to date legal information covering:
This Practice Note contains a jurisdiction-specific Q&A guide to advertising and marketing in Austria published as part of the Lexology Getting the Deal Through series by Law Business Research (published: October 2021).
Authors: Greiter Pegger Kofler & Partners—Georg Huber; Stefan Kofler; Fabian Bösch
The main source of advertising law in Austria is the Federal Law Against Unfair Competition (UWG). It includes three main types of prohibited advertising practices:
unfair commercial practices (section 1 UWG);
aggressive commercial practices (section 1a UWG); and
misleading commercial practices (section 2 UWG).
Some further, more specific clauses of prohibited practices exist, such as the disparagement of an enterprise, the misuse of designations of an enterprise, the bribery of employees or agents, or the disclosure of business or trade secrets.
In its annex, the UWG contains a 'blacklist' of concrete commercial practices, which are prohibited in all circumstances.
Several former specialised acts and provisions dealing with, for example, promotional gifts, price discounts or clearance sales were repealed. These areas now fall under the UWG.
Case law also gives consideration to other, more specific laws when interpreting the UWG clauses, such as trade regulations, labelling laws and regional planning laws.
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