General Terms and Conditions (GTC) and consumer protection law has evolved rapidly in recent years. Numerous regulations – from the Consumer Protection Act (KSchG), the Consumer Guarantee Act (VGG) and the Distance- and Off-Premises Contracts Act (FAGG) to the Distance Financial Services Act (FernFinG), the Telecommunications Act (TKG) and the Electricity Industry and Organization Act (ElWOG) – govern the legal relationship between businesses and consumers down to the smallest detail. Additionally, case law from the ECJ and the Austrian Supreme Court (OGH) makes it increasingly difficult for companies to design their consumer-contracts in a way that is both sustainable and legally secure. At the same time, litigation funders and consumer protection organizations are more active than ever in asserting claims, and the group of eligible claimants has recently been significantly expanded through Austria’s implementation of the EU Representative Actions Directive.
At DSC, your case is in the best hands. We advise clients from a wide range of industries – from banks, energy suppliers and telecom providers to travel operators – on all aspects of GTC and consumer protection law. Whether it's drafting and reviewing terms and conditions and contract templates, or managing large-scale contract amendments: we get to the point.
We also have decades of experience in handling class actions and representing clients in proceedings brought by consumer protection associations. We know what matters when dealing with mass proceedings and litigation funders – both in and out of court. Numerous victories before national and European high courts speak for themselves.
Areas of specialization:
- Drafting terms and conditions and contract templates: from district heating to self-storage
- Supporting the launch of new products: from idea to implementation
- Large-scale contract changes: from contract termination to deemed consent
- Dispute resolution on the business side: from investment advice to cease-and-desist undertakings
- Legal opinions: from distance selling to indexation clauses
