Welcome to the September edition of Schoenherr's to the
point: technology & digitalisation newsletter (read online)!
We are excited to present a selection of legal developments in
the area of technology & digitalisation in the wider CEE
region.
Editorial
How to stand out in the right way: tackling the risks of
using a lurid slogan in a Google ad
In a recent decision (25 April 2023, 4 Ob 49/23v), the Austrian
Supreme Court found that customers who visit the website of an
advertiser after clicking on a misleading Google ad fall victim to
an unfair commercial practice even if their perception gets
corrected through further information on the respective website.
Thus, for the first time, the court confirmed that the settled case
law, where luring customers into a physical shop already counts as
them making "transactional decisions", also applies to
the virtual world.
