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Recent Developments
The Austrian Supreme Court of Justice has recently decided it is unlawful for telecommunications service providers to automatically
switch from paper to electronic billing, even if the consumer had the chance to object prior to the switch. Such a switch violates the
consumer’s freedom of choice between paper and e-billing contained in Art. 100 I of the Austrian Telecommunications Act.
Legal Case Studies
Article 100 I of the Telecommunications Act allows consumers to receive bills on paper free of charge, whether they opt for it at the moment of the conclusion of the contract or at any time afterwards.
Note: the consumer’s option to receive printed bills cannot be precluded by contract.
“(1) Subscriber charges are to be presented in the form of an itemised bill. Subscribers shall also have the right to receive non-itemised bills. Upon concluding the contract, the subscriber must have the option of receiving invoices in electronic or printed form. The subscriber’s option to receive a printed invoice free of charge must not be precluded by the contract. In cases where the bill is made available in electronic form, the subscriber must be able to receive a printed itemised bill free of charge at the subscriber’s specific request. The bill shall make reference to the possibility of reviewing the charges as well as how to contact the operator sending the bill.”
Austrian Supreme Court of Justice (OGH) – Ob 117/14f (July 17 2014)
The automatic switch from paper to e-billing (without the explicit consent of the consumer) by a telecommunications service provider is unlawful, even if the consumer has had the chance to object prior to the switch (and did not do so). It violates the consumer’s freedom of choice between paper and e-billing contained in Art. 100 I of the Telecommunications Act.
“Das Wahlrecht der Kunden nach § 100 Abs 1 TKG steht einer vom Unternehmer einseitig mit Vertragsformblatt vorgenommenen Umstellung der Abrechnung von Papier- auf elektronische Rechnung auch dann entgegen, wenn Kunden diese Umstellung durch einen Widerspruch abwenden können.”
The Telecommunication Act from 2003 allows consumers to receive paper invoices free of charge
Article 100 foresees that until 2012:
“The subscriber fees shall be presented in the form of an itemised bill unless the subscriber objects. On request, the subscriber shall have the option of receiving the itemised bill on paper free of charge.”
And as from 2012 onwards:
“Upon concluding the contract, the subscriber must have the option of receiving invoices in electronic or printed form. The subscriber’s option to receive a printed invoice free of charge must not be precluded by the contract. In cases where the bill is made available in electronic form, the subscriber must be able to receive a printed itemised bill free of charge at the subscriber’s specific request.”
Information and links:
Campaigns
Austrian “Better no letter” and “Schreib-Weise” campaigns
The Austrian Post has recently launched the ‘Better no letter’ and ‘Schreib-Weise’ campaigns in order to raise consumer awareness about the risks of the increasing use of electronic communication in terms of their privacy and its protection.
While the ‘Better no letter” campaign showcases the possibility of privacy violations unknown to consumers in a witty and humorous way, the ‘Schreib-Weise’ campaign provides background information regarding the issue and focuses on the positive aspects of physical mail and its advantages over electronic communications for both personal and business matters.
Additionally, the ‘Schreib-Weise’ website contains plenty of information on the legal situation in Austria regarding the privacy of correspondence, as well as a guide on the ‘art’ of writing letters itself.
Find more information on the Austrian campaign here: www.better-no-letter.org and www.schreib-weise.at
