Alternative Dispute Resolution — New Information Obligations for Websites from January 2016

On 9 January 2016, key provisions of the Austrian Alternative Dispute Resolution Act (AStG) came into effect. This legislation implements the corresponding EU Directive (2013/11/EU).

What Is the Alternative Dispute Resolution Act (AStG)?

Under this law, businesses and consumers may — on a voluntary basis — opt for an alternative dispute resolution procedure instead of court proceedings. As part of this, companies are required to inform customers about the relevant dispute resolution body, either in their legal notice (imprint) or their terms and conditions.

What Happens If I Don’t Include the Required Notice?

Various web content providers are warning that a wave of formal warnings (Abmahnungen) is imminent and that updating your website’s legal notice is unavoidable. In many cases, these warnings conveniently serve as advertisements for the provider’s own services.

However, what is often left unmentioned is that participation in alternative dispute resolution is entirely voluntary. Furthermore, it remains unclear whether real estate agency websites are even subject to this law and its associated information obligations.

What Does This Actually Mean for Estate Agents and Their Websites?

The WKO (Austrian Federal Economic Chamber) offers a free service for creating a legally compliant website imprint. If you want to be on the safe side and know exactly what is required, simply click here and follow the WKO’s instructions.

Further information on this topic is available from the WKO.