Legal Literature

  • Legal Literature Details
    • Member State: Austria
    • Title: A link to a normal website does not fulfill the confirmation obligation according to § 5d of the Austrian Consumer Protection Act (KSchG)
    • Subtitle:
    • Type: article
    • URL:
    • Author: ANDERL, A.
    • Reference: ecolex 2012/415
    • Publication Year: 2012
    • Keywords: consumer, durable medium, information obligation
  • Directive Articles
    Distance Selling Directive, Article 5, 1.
  • Headnote
    The article discusses whether a link to a website which contains information according to § 5c Sec 2 of the Austrian Consumer Protection Act (KSchG) fulfills the requirements of § 5d of the Austrian Consumer Protection Act (KSchG) (which implemented article 5 Sec 1 of Directive 97/7/EC). The author stresses that a link does not suffice because the content of a website may be altered by the owner of said website. An email, however, does suffice since it cannot be altered once it has been sent to the consumer.
  • General Note
    § 5d Consumer Protection Act has been repealed in 2014
  • Related Cases

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