In the B2C sector, legal processes must be scalable, (as far as possible) legally sound and efficiently implementable. The pragmatism that is sometimes required for this is second nature to us. We offer you genuine full-service support for your mass-market business:

• Preventive advice – We review and optimise your standard contracts, sales channels and e-commerce platforms.
• Cross-functional expertise from a single source – We take into account not only the relevant consumer protection regulations, but also, for example, marketing that complies with the Unfair Commercial Practices Act (UWG) and customer communications that comply with data protection regulations.
• Sector-specific regulatory expertise – Thanks to our deep roots in regulated industries, we translate general consumer protection obligations into bespoke solutions for your sector.
• Crisis and regulatory management – In the event of complaints from supervisory authorities or enquiries from consumer protection organisations, we respond swiftly, are always available as a sparring partner and manage communications strategically.
• Litigation with strategic foresight – We represent companies in complex association proceedings, mass litigation and test cases before Austrian courts, and develop the right litigation and communication strategy at the earliest stage.

General Terms and Conditions and standard contract forms form the legal foundation of every B2C business model. However, the requirements set by case law regarding their drafting, transparency and ‘fairness’ are constantly increasing. We offer you:

• Tailor-made contract packages – We draft and develop, in collaboration with you, a model contract package that is optimally tailored to your operational processes.
• Dynamic price adjustment clauses – Particularly in volatile markets, we design (as far as possible) legally sound price adjustment mechanisms for you that are suited to your business model.
• Risk audit – We subject existing contracts to ongoing monitoring in order to identify potential vulnerabilities at an early stage and proactively mitigate them.

Digital sales and contract processes – We review digital processes relating to information provision, ordering, contract conclusion, withdrawal and termination to ensure they comply with the requirements of consumer law, fair trading law and other regulatory provisions.

Even before now, actions relating to standard contract terms and class actions have been among the most challenging and, at times, the most resource-intensive proceedings for companies. The pace of change in this area is enormous; in most cases, the associations entitled to bring such actions challenge a large number of clauses simultaneously, and the hurdles for companies are particularly high:

• The challenge of the ‘most customer-unfriendly interpretation’ – In class actions, provisions of general terms and conditions are, according to established case law, examined in the most customer-unfriendly sense. Even minor linguistic ambiguities can thus lead, for example, to a lack of transparency and, consequently, to the invalidity of the entire clause.
• Our expertise – Our many years’ experience in economically significant class action proceedings enable us to identify legal risks at an early stage and, together with our clients, to develop procedural strategies that take into account not only the specific proceedings but also possible subsequent proceedings, regulatory measures and reputational risks.
• Strategic advice on injunctions – Should one of your clauses be legally overturned, we provide targeted support in the ‘implementation’ of the judgement, assist in assessing the actual consequences of the judgement, and work with you to develop strategies to avoid any subsequent proceedings as far as possible and to minimise financial and reputational damage.

The European Directive on collective redress, and its national implementation in Austria, have once again fundamentally altered and tightened the domestic landscape of collective legal protection. New European instruments (keyword: action for specific performance), increasingly professional and specialised litigation funders, and a growing number of consumer organisations entitled to bring claims (‘qualified entities’) mean that companies today must expect to face significantly more and more complex mass litigation than was the case just a few years ago. We support you in:

• Defending against mass claims – We defend your company against concerted waves of claims and actions for injunctive relief. Despite the fact that the instruments of collective redress are still in their infancy, we have already built up a considerable track record in this area.
• Litigation strategy and legal tech – Mass litigation requires not only legal excellence but also professional logistics. We manage large-scale proceedings efficiently and utilise modern law firm structures to handle high caseloads.
• Prevention of class actions – We analyse your business model for typical ‘trigger points’ for mass claims and implement legal safeguards even before a collective claim is brought.