The legal framework for online advertising is the E-Commerce Act. Accordingly, online advertising is any online communication that aims to promote the sales of a company.
The following can be considered as advertising media, among others:
- Banner advertising: graphically designed advertising spaces on a website that are used for advertising;
- Hyperlinks: a link leads directly to the website of the advertiser;
- Pop-ups: a graphical element that appears as soon as the user accesses a website.
Advertising bans and restrictions also apply to the internet in Austria. We have already dealt with advertising bans and restrictions in the articles “Personal and professional advertising restrictions”, “Advertising restrictions for selected liberal professions”, “Advertising and minors”, “Advertising and politicians”, “Advertising in print media” and “Direct marketing”. They also apply without restriction to the online area. However, there are additional special features for this.
The E-Commerce Act
In the online area, the risk of mixing advertising and editorial content is often greater than in radio, where advertising is broadcast in advertising blocks. However, it must also be clearly indicated online when it is advertising. Offers, bonuses and gifts must be clearly recognizable and the conditions for claiming them must be easily accessible. Competitions must also be easily recognizable and the user must have access to the terms and conditions of participation.
Media Law
The Media Act also requires online advertisers to identify announcements, recommendations or other contributions and reports for whose publication payment was made as “advertisement”, “advertising” or “paid advertisement”.
In addition to print media, the Media Act also recognizes “periodic electronic media”. These are media that are broadcast electronically (radio), can be accessed online (websites) or appear at least four times a year in a comparable design (newsletters). Online media also require an imprint and may be subject to disclosure requirements. You can read more about the imprint and disclosure requirements in the article “Advertising in print media”.
Only so-called “small” websites are exempt from the obligation to disclose. According to the law, these are websites whose content does not go beyond the presentation of the personal sphere or the presentation of the media owner. In addition, “small” websites must not influence the opinion-forming of web users. If these criteria are not met, it is a “large” website, whose owner is in turn obliged to disclose. An online newspaper is a classic example of a “large” website and is therefore subject to the obligation to disclose. On the other hand, the mommy blog of even the most passionate blogger is a “small” website and is therefore exempt from the obligation to disclose.
