The main concerns include:

• Terminology (Arts. 3 & 9): unclear distinction between “lawful control” and “lawful supervision”; consistent wording is needed.
• Subsidiary application of other laws (Arts. 4 & 22): the draft introduces urgent procedures, but the Civil Procedure Act does not yet classify such cases as urgent; harmonization is required.
• Damages (Art. 14): provisions give courts broad discretion; clearer criteria are needed for predictability.
• Requests for information (Art. 16): more precise terminology is recommended.
• Evidence gathering (Art. 17): scope of enforcement is unclear and should be specified.
• Interim measures (Arts. 18 & 19): conditions and types of measures should be clearly separated and aligned with the EU Directive (security deposits cannot substitute compensation).
• Editorial issues (Art. 13): technical correction needed in cross-references.

AmCham stresses the need for greater precision, alignment with the EU Directive, and clearer guidelines to ensure legal certainty and predictability.