- Commercial agents, (car) dealers, franchisees and franchisors
- Legal implementation of new sales concepts with a focus on data protection
- Preparation of practice-oriented distribution agreements and cooperation agreements
- Assertion and defence of post-contractual claims (good will indemnity claims, investment compensation, commissions, etc.)
Different economic sectors require different sales structures. Putting these on a legally secure footing saves a lot of trouble and promotes a transparent and sustainable business relationship.
Inconsistencies can arise in the course of a business relationship. Find out whether you have missed out on claims and how you can assert them economically.
The considered termination of sales contracts can save a lot of time and money. The claim for good will indemnity under the Austrian Commercial Agents Act (Handelsvertretergesetz – HVertrG) is often the subject of discussion. This claim is intended to compensate the principal for the advantage he has in a built up customer base by the agent even after termination of the contract. The legally relevant provision can be found in § 24 HVertrG.
Although the wording of the law only provides for commercial agents, in Austria and many other European countries this claim is partly applied analogously to authorized dealers and franchisees.
While the compensation claim focuses on the established customer base, the so-called investment replacement according to § 454 Austrian Commercial Code (Unternehmensgesetzbuch – UGB) tries to create a compensation for unamortized and no longer usable investments in the distribution concept. This can include, for example, office equipment according to a uniform franchise system, conversions of sales rooms according to the specifications of the car importer or product-specific training of employees.
At the latest since the specifications of the EU data protection basic regulation (DSGVO) a selling system should be well structured also from data protection-legal viewpoint.
Place your trust in my expertise in the field of commercial agency law and (motor vehicle) contract trade law. As a data protection officer (certified by Austrian Standards), I put your sales concept on a sound footing, also from a data protection perspective.
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