30.07.2014
New homepages are sprouting up in the Internet landscape like crocuses in spring. If you are also a homepage operator, you must observe the disclosure requirements under the E-Commerce Act (ECG) and the Media Act.
According to Section 5 of the ECG, a service provider must constantly, easily and directly provide users with their name or company name, the geographical address at which they are established and - if available - the company registration number and the company registration court. This is intended to enable the user to identify themselves and to make contact. In the event of a conflict, the user should be given a starting point for any legal action. The Media Act also contains imprint obligations, but these mainly concern "opinion-forming" media.
The object of protection is generally the user of a homepage. A violation of the disclosure obligation can also affect competitors and give them the opportunity to sue under the Unfair Competition Act. It is recognized that a violation of the information obligation can lead to an inappropriate purchase decision. This can give rise to an unjustified advantage over law-abiding competitors. Failure to provide an imprint therefore falls under the offense of "breach of law" which, based on Section 1 of the Unfair Competition Act, leads to claims for injunctive relief, damages and possibly also the publication of judgments (4 Ob 211/13b). It is therefore important that you provide the information on your homepage constantly, easily and immediately accessible to the user.