5 concluding contracts online

Questions and Answers

What term is used for offences that require the victim's authorization for prosecution?

Administrative offences

Offizialdelikte

Privatanklagedelikte

Ermächtigungsdelikte (correct)

Which category of crimes does not require an initiative from the victim for prosecution?

Official offences

Private prosecution offences

Judicial crimes

Administrative offences (correct)

In what situation will a fine typically be directed in the case of private prosecution offences?

To a private fund

To the victim

To the Treasury (correct)

To a social service agency

What is the primary method of enforcement for public law violations?

Public enforcement by authorities Signup and view all the answers

What are 'Privatanklagedelikte' primarily associated with?

Intellectual property rights and competition offences Signup and view all the answers

What is a characteristic of crimes that fall under public law enforcement?

They may result in private claims for damages. Signup and view all the answers

Which statement about consumer protection law is implied in the provided content?

It is rarely enforced by authorities on a broad scale. Signup and view all the answers

How do victims typically seek damages in relation to public law violations?

By resorting to remedies under private law Signup and view all the answers

What is one potential outcome of seeking an injunction for infringement of international law related to consumer interests?

Publication of the decision against the infringing party. Signup and view all the answers

Which body is NOT typically regarded as a qualified entity that can seek injunctive relief under the KSchG?

The Department of Commerce. Signup and view all the answers

What action may a qualified entity take prior to going to court for an infringement?

Send a warning notice requesting a declaration to cease and desist. Signup and view all the answers

According to § 14 UWG, who can take action against unfair commercial practices?

Competitors and public interest groups. Signup and view all the answers

What type of penalty might be associated with a declaration to cease and desist under the KSchG?

Contractual penalties for future violations. Signup and view all the answers

What is a significant power held by qualified entities under the KSchG and UWG?

The right to file actions for injunctive relief. Signup and view all the answers

What type of practices does the UWG primarily address?

Unfair commercial practices. Signup and view all the answers

In what way are the actions under the KSchG and UWG similar?

Both allow for actions by qualified entities for injunctive relief. Signup and view all the answers

What characterizes the law compared to social, moral, or religious standards?

It is enforced by the State’s institutions. Signup and view all the answers

Which mechanism of enforcement is primarily characterized by the State exercising sovereign power?

Public enforcement Signup and view all the answers

What issue arises when the gap between law and its enforcement becomes too large?

The rule of law may be undermined. Signup and view all the answers

In what area of law is public enforcement predominantly found?

Criminal law Signup and view all the answers

What is the potential consequence for ignoring legal rules according to Selma and Sebastian's considerations?

They could face legal repercussions. Signup and view all the answers

What does the term 'enforcement gap' refer to?

The discrepancy between law and its actual enforcement. Signup and view all the answers

Which type of enforcement typically does not involve immediate State action?

Private enforcement Signup and view all the answers

What is a possible sentiment Selma and Sebastian feel towards the legal requirements for starting an online shop?

They see some as unnecessary and overreaching. Signup and view all the answers

What is the main goal of the 'Advising instead of Punishing' initiative in Austria?

To support compliance among traders Signup and view all the answers

Under which area of law does the initiative 'Advising instead of Punishing' primarily operate?

Economic administrative law Signup and view all the answers

What is the role of supervisory authorities mentioned in the content?

To enforce specific laws and regulations Signup and view all the answers

Which of the following laws are included in consumer protection statutes as mentioned?

E-commerce law and distance sales law Signup and view all the answers

What is a potential misconception about minor mistakes made on trading websites?

They can lead to significant financial penalties Signup and view all the answers

What does the abbreviation ADR stand for as mentioned in the text?

Alternative Dispute Resolution Signup and view all the answers

Which law is specifically focused on violations that may be prosecuted as administrative offences?

E-commerce law Signup and view all the answers

Which of the following is NOT a function of the supervisory authorities as indicated in the content?

Providing legal advice to traders Signup and view all the answers

What does § 1 UWG address in relation to competitors?

It outlines potential actions against unfair competition through compliance violations. Signup and view all the answers

What is the typical financial implication for simple cases of infringement before taking legal action?

Legal fees can amount to around EUR 1,500. Signup and view all the answers

Which statement reflects the outcome of collective redress mechanisms?

Consumer organizations can represent multiple claims through assigned rights. Signup and view all the answers

What is the purpose of the new Directive on representative actions?

To strengthen the enforcement of injunctive measures and introduce redress measures. Signup and view all the answers

What should a competitor typically do before directly taking legal action under § 14 UWG?

Send a warning notice to the infringing business. Signup and view all the answers

How does saving on compliance costs relate to competitive advantage?

It can provide an unfair competitive advantage by cutting costs. Signup and view all the answers

What is a typical result when businesses believe few infringements will be claimed?

They find no incentive to comply with the law. Signup and view all the answers

What does the 'Österreichische Sammelklage' refer to?

A collective legal action by consumers through an organization. Signup and view all the answers

Study Notes

Enforcement of the Law

Starting an e-commerce business in Austria involves navigating numerous legal requirements and restrictions that can feel overwhelming for entrepreneurs.
Enforcement of the law is primarily the responsibility of state institutions, differentiating legal compliance from social, moral, or religious standards.
The 'enforcement gap' refers to the disparity between established laws and their actual enforcement, which can undermine the rule of law.

Public Enforcement

Public enforcement is initiated by the state, primarily visible in criminal law, where authorities can pursue investigations independently of victim complaints.
Many judicial crimes and administrative offences fall under the category of official enforcement (Offizialdelikte).
Some offenses require victims to authorize prosecution (Ermächtigungsdelikte), whereas private prosecution offenses (Privatanklagedelikte) are only pursued upon the victim's initiative.
Public enforcement extends to various laws, including public security law, tax law, and social security law, with state authorities typically enforcing violations.

Representative and Competitor Enforcement

Concerns about enforcement among new entrepreneurs highlight a perception that minor infractions often go unpunished.
Since 2019, Austria has adopted an approach termed "Advising instead of Punishing," aiming to support compliance, especially for microenterprises.
Economic administrative law encompasses regulations such as trade regulation law, e-commerce law, and consumer contract law, enforced by designated supervisory authorities.

Representative Actions under KSchG

Various statutes aim to protect consumer interests, allowing for collective actions against infringements of laws like e-commerce and distance sales.
Injunctive relief (Unterlassungsklage) can be sought by qualified entities representing affected stakeholders, particularly for violations that harm collective consumer interests.
Actions typically start with a warning notice, encouraging businesses to cease violations before escalating to court actions.

Competitor Actions under UWG

Under the Unfair Competition Act (UWG), businesses may be held accountable for unfair commercial practices, with competitors also permitted to seek injunctions.
Competitors must initially issue a warning notice before pursuing legal action for unfair competition, with legal fees often reaching approximately EUR 1,500.

Collective Redress

Current legal frameworks do not automatically compensate individuals for past infringements, reducing incentives for businesses to comply with laws.
A new Directive on representative actions aims to facilitate collective claims for damages, enhancing consumer protection and enforcing compliance.
Consumers may also assign claims to consumer organizations, allowing these groups to litigate on their behalf through an existing framework ('Österreichische Sammelklage').

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Description

This quiz covers the essential legal requirements and restrictions for setting up an online shop in Austria. Participants will explore various duties related to data protection and copyright that entrepreneurs must navigate to ensure compliance. Test your knowledge and prepare for the challenges of e-commerce!