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11376 - Spamming Under Austrian Law
On the European level, spamming is regulated by the E-Commerce Directive 2000/31/EC on Certain Legal Aspects of Information Society Services (the “E-Commerce Directive”) and by European Directive 2002/58/EC on Privacy and Electronic Communications that came into force on July 31, 2002 (the “Electronic Privacy Directive.”) Austria, like the other Member States of the EU, has until October 31, 2003 to implement the Electronic Privacy Directive. On the Austrian level, spamming is regulated by Section 101 of the Federal Law Relating to Telecommunications (“TKG,”) which prohibits spam done without the prior consent of the subscriber.

The following questions have been addressed in this article:

On the European level, what rules apply to spamming?
What rules apply to spamming under Austrian law?
What sanctions apply to the violation of the anti-spamming regulation?
How might spammers identify spam opponents?

IBLS Editorial Board
Staff Attorney

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8/13/2008 10:38:14 AM
21534 - Merger Control In Austria
Austria is member of the European Union since 1995. Its competition law, like that of other Member States has been influenced since by the EU Competition Law. In the field of merger control, rules are presently quite similar to what exists in European law. The relevant provisions can be found in the Restrictive trade practices act (Kartellgesetz) of October 19, 1988, amended several times, last in 2002. The competent authority for implementing this law is the Vienna Court of Appeal, sitting as the “Cartel Court” (Kartellgericht).

The following questions have been addressed in this article:

Which operations should be notified and when (thresholds and triggering events)?
How long does the procedure last?
What is being checked?
What are the parties’ (including third persons’) rights?
What are the sanctions for not complying with merger control rules?

IBLS Editorial Board
Staff Attorney

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5/23/2003 4:53:03 PM
31355 - Electronic Signature Under Austrian Law
The European Directive on Electronic Signature has been implemented under Austrian law by the Federal Electronic Signature Law that came into force on January 1, 2000. This law provides that electronic signatures have the same probative value as handwritten signature provided that they are secure. These regulations also regulate the activity of Certification Service Providers (“CSPs.”)

The following questions have been addressed in this article:

What is an electronic signature, and what is a secure electronic signature?
What are the legal effects of an electronic signature and of a secure electronic signature?
Do certain transaction still need to be in writing?
What legal requirements apply to certification service providers (“CSP?”)

IBLS Editorial Board
Staff Attorney

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3/9/2003 9:32:53 PM
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