AustriaUWG Section 1, General Unfair Commercial Practices Clause
UWG Sec. 1, BGBl. Nr. 448/1984
In force since .
An unfair competition rule binding private bodies.
- Audit expectation
- none
What it requires
- Do not apply, in the course of trade, an unfair commercial practice or other unfair conduct capable of more than trivially disadvantaging a competing undertaking, per UWG Section 1.
These lines are LexLint's reading of the law's text.
Who enforces it
Settledness
- As of
- Open questions
- Is automated collection of freely accessible competitor data, without circumventing a technical barrier and without deceiving anyone, an 'unlautere Handlung' under Section 1(1) Z 1?
- Does collection of a competitor's content by a business that offers a different service meet 'geeignet, den Wettbewerb zum Nachteil von Unternehmen nicht nur unerheblich zu beeinflussen' under Section 1(1) Z 1?
What it makes you log
Logging duty
Section 1 of the Unfair Competition Act prohibits unfair commercial practices and other unfair conduct capable of affecting competition to the detriment of undertakings. It imposes no duty to create, keep, produce or review a log or record.
- Kind
- None
- As of
What this law does
Section 1 of the Bundesgesetz gegen den unlauteren Wettbewerb (UWG) lets an injured party seek an injunction, and damages where the defendant is at fault, against anyone who, in the course of trade, applies an unfair commercial practice or other unfair conduct capable of more than trivially affecting competition to the disadvantage of undertakings, or a commercial practice contrary to professional diligence that is likely to materially distort the economic behavior of the average consumer it reaches.
When LexLint raises it
When your app profile says your app crawls the web.
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