E-commerce Law
E-commerce law encompasses all types of business transactions. For example, the sale or purchase of goods and/or services. However, e-commerce law also includes electronically processed business operations such as advertising, “after-sales services,” or online banking. In short: All processes where the parties do not come into physical contact with each other and exchange goods or services, but rather interact electronically.
Complex Mix
While on the one hand this represents a great simplification and a massive expansion of possibilities, it also carries risks and dangers. Therefore, electronic business and legal transactions, just like physical ones, are regulated by numerous provisions.
In Austria, for example, the E-Commerce Act (ECG) regulates the authorization of services, information obligations for traders, the conclusion of contracts on the internet, the responsibility of service providers, the country of origin principle, and cooperation with other member states in electronic business and legal transactions. The Distance and Off-Premises Contracts Act (FAGG) also provides regulations for concluding distance contracts and contains essential provisions regarding consumers’ right of withdrawal. The Payment Services Act (ZaDiG) regulates the rights and obligations of payment service providers and payment service users.
What Applies “Offline” also Applies “Online”
In addition to the aforementioned laws, numerous other laws apply “online” as well as “offline.” For a long time, it was a widespread misconception that the internet was largely a lawless space. Here too, for example, the provisions of the General Civil Code (ABGB), the Business Code (UGB), or the Consumer Protection Act (KSchG) apply.
