AUSTRIA
N/A
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Requirement of accounting and functional separation for dominant network operators
It is reported that Austria mandates functional and accounting separation for operators with significant market power (SMP) in the telecom market.
Coverage Telecommunications sector
AUSTRIA
N/A
Pillar Telecom infrastructure & competition |
Indicator Presence of an independent telecom authority
Presence of an independent telecom authority
It is reported that the Austrian Regulatory Authority for Broadcasting and Telecommunications (RTR), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.
Coverage Telecommunications sector
AUSTRIA
Since April 2016, entry into force in May 2018
Since 2019, last amended in 2023
Since 2019, last amended in 2023
Pillar Domestic data policies |
Indicator Framework for data protection
General Data Protection Regulation (Regulation 2016/679)
Federal Act on the Protection of Individuals With Regard to the Processing of Personal Data (DSG) BGBI. I No. 165/1999 (Bundesgesetz über den Schutz personenbezogener Daten (Datenschutzgesetz – DSG))
Federal Act on the Protection of Individuals With Regard to the Processing of Personal Data (DSG) BGBI. I No. 165/1999 (Bundesgesetz über den Schutz personenbezogener Daten (Datenschutzgesetz – DSG))
The European Union General Data Protection Regulation (GDPR) provides a comprehensive framework for data protection that applies to all EU Member States. In Austria, the Federal Act on the Protection of Individuals With Regard to the Processing of Personal Data implements the GDPR.
Coverage Horizontal
AUSTRIA
Since 2011, last amended in July 2020
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Screening of investment and acquisitions
Austrian Investment Control Act (Investitionskontrollgesetz)
In Austria, a screening mechanism was first introduced with Section 25a of the Foreign Trade Act 2011. The Act has been replaced in July 2020 by the Austrian Investment Control Act, which provides different scenarios where screening applies. The main relevant scenarios triggering the screening are, under certain circumstances, as follows:
- Acquisition of 10% or more of voting rights in the company when related to the following digitally sensitive sectors: defence equipment/defence technology; critical energy infrastructure; critical digital infrastructure (in particular 5G infrastructure); systems that enable data sovereignty of the Republic of Austria;
- Establishment of a new branch in Austria if an Austrian undertaking is acquired by a foreign entity and the relevant thresholds are met;
- Establishment of a new company in which foreign investors will have more than 10% voting rights.
The Foreign Direct Investment Screening Act provides that some transactions are exempt from the approval requirement where the target is a very small undertaking with less than ten employees and an annual turnover or annual balance of no more than 2 million euros.
- Acquisition of 10% or more of voting rights in the company when related to the following digitally sensitive sectors: defence equipment/defence technology; critical energy infrastructure; critical digital infrastructure (in particular 5G infrastructure); systems that enable data sovereignty of the Republic of Austria;
- Establishment of a new branch in Austria if an Austrian undertaking is acquired by a foreign entity and the relevant thresholds are met;
- Establishment of a new company in which foreign investors will have more than 10% voting rights.
The Foreign Direct Investment Screening Act provides that some transactions are exempt from the approval requirement where the target is a very small undertaking with less than ten employees and an annual turnover or annual balance of no more than 2 million euros.
Coverage Digital sensitive sectors including critical digital infrastructure
Sources
- https://www2.deloitte.com/content/dam/Deloitte/cz/Documents/legal/CE_FDI.pdf
- https://web.archive.org/web/20231207162634/https://www.whitecase.com/insight-alert/eu-releases-its-second-annual-fdi-report-showing-increased-momentum-fdi-regulation
- https://web.archive.org/web/20231222223551/https://policy.trade.ec.europa.eu/enforcement-and-protection/investment-screening_en
- https://web.archive.org/web/20221203054237/https://www.bmaw.gv.at/en/Topics/Screening-of-Foreign-Direct-Investments-(FDI).html
- https://web.archive.org/web/20231219024112/https://eur-lex.europa.eu/eli/reg/2019/452/oj
- https://web.archive.org/web/20240708204050/https://eur-lex.europa.eu/eli/reg/2019/452/oj
- https://web.archive.org/web/20230603123542/https://circabc.europa.eu/rest/download/7e72cdb4-65d4-4eb1-910b-bed119c45d47
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AUSTRIA
Since August 1970, last amended in April 2022
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the application process for patents
Patent Act 1970 (Federal Law Gazette 1970/259) (Patentgesetz 1970, BGBl. 1970/259)
According to Art. 43 of the Patent Act 1970, applications for patents are subject to formal and substantive examination by the Patent Office. Moreover, according to Art. 21, anyone who has neither domicile nor branch office in Austria can only assert rights under this Federal Act before the Patent Office if they are represented by a party representative listed in Section 77 (Only lawyers, patent attorneys, and notaries, as well as the financial procuratorate, are authorised to represent parties professionally before the Patent Office.). If the place of residence or branch is in the EEA or in the Swiss Confederation, however, the appointment of an authorised recipient resident in Switzerland is sufficient for the assertion of rights under this federal act. The requirement of the main residence in Austria does not apply to citizens of EEA contracting states if service is ensured by international treaties with the contracting state of the domicile of the authorised recipient or in another way.
Coverage Horizontal
AUSTRIA
Since April 1979
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Austria is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
AUSTRIA
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
0.84%
Coverage rate of zero-tariffs on ICT goods (%)
79.61%
Coverage: ICT goods
AUSTRIA
Reported in 2023, last reported in 2024
Pillar Public procurement of ICT goods and online services |
Indicator Exclusion from public procurement
Ban on TikTok
In May 2023, Austria prohibited the installation and private use of TikTok on work devices issued to federal employees, following recommendations from the country's intelligence services and ministry experts. The decision was part of a broader trend among European governments to address cybersecurity concerns associated with the Chinese-owned app. In response, TikTok expressed disappointment, stating that the ban was implemented without citing specific security concerns or consulting the company.
Coverage TikTok
Sources
AUSTRIA
Since March 2004, last amended in February 2014
Since February 2016, last amended 2018
Since July 2018
Since February 2016, last amended 2018
Since July 2018
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Utilities Directive (2014/25/EU)
BKA: Federal Act amending the Federal Procurement Act 2006 and the Federal Procurement Act 2012 (BKA: Bundesgesetz, mit dem das Bundesvergabegesetz 2006 und das Bundesvergabegesetz Verteidigung und Sicherheit 2012 geändert werden)
Procurement Law Reform Act 2018 (Vergaberechtsreform Gesetz 2018)
BKA: Federal Act amending the Federal Procurement Act 2006 and the Federal Procurement Act 2012 (BKA: Bundesgesetz, mit dem das Bundesvergabegesetz 2006 und das Bundesvergabegesetz Verteidigung und Sicherheit 2012 geändert werden)
Procurement Law Reform Act 2018 (Vergaberechtsreform Gesetz 2018)
Art. 85 of the Utilities Directive (2014/25/EU) contains provisions allowing contracting public entities to reject foreign goods not covered by any EU international commitments from its tender procedures. In these cases, a tender submitted for the award of a supply contract may be rejected where the proportion of the products originating in third countries exceeds 50% of the total value of the products constituting the tender (Art. 85.2). Additionally, in cases of equivalent offers, the provisions provide for a preference for European tenders and tenders covered by EU's international obligations. In practice, this possibility has rarely been used.
In Austria, the Directive has been transposed by the BKA: Federal Act amending the Federal Public Procurement Act 2006 and the Federal Public Procurement Act 2012, as well as by the Public Procurement Act Reform Act 2018.
In Austria, the Directive has been transposed by the BKA: Federal Act amending the Federal Public Procurement Act 2006 and the Federal Public Procurement Act 2012, as well as by the Public Procurement Act Reform Act 2018.
Coverage Any product sold to a utility provider including software used in telecommunication network equipment
Sources
- https://web.archive.org/web/20220303180640/https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32014L0025&from=EN#d1e7298-243-1
- https://web.archive.org/web/20221130102045/https://www.parlament.gv.at/PAKT/VHG/XXIV/I/I_01513/index.shtml
- https://web.archive.org/web/20231205153756/https://www.ris.bka.gv.at/eli/bgbl/I/2018/65/20180820
- https://web.archive.org/web/20240301001209/https://www.lexology.com/library/detail.aspx?g=276feaf8-c91b-4b7d-8310-dad8134f3c4c
- https://web.archive.org/web/20220121131638/https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52019XC0813(01)&from=EN
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AUSTRIA
Since 1986, last amended in 2021
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Federal Act on Austrian Broadcasting (Bundesgesetz über den Österreichischen Rundfunk (ORF-Gesetz, ORF-G))
There are limits to the proportion of shares that can be acquired by foreign investors in publicly-controlled firms. In particular, the public broadcaster ORF is organised as a foundation under public law, resulting in additional requirements in order to acquire shares in ORF. This is further aggravated by the fact that the public broadcaster receives a major part of its financing through a broadcasting fee (Programmentgelt). ORF also conducts activities online.
Coverage Broadcasting sector
ARGENTINA
Since October 1993, as amended in March 2008
Since December 2001
Since September 2025
Since December 2001
Since September 2025
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Consumer Protection Law No. 24240 (Ley No. 24.240 de Defensa al Consumidor)
Digital Signature Law No. 25,506 (Ley No. 25.506 de Firma Digital)
Disposition No. 954/2025 (Disposición 954/2025)
Digital Signature Law No. 25,506 (Ley No. 25.506 de Firma Digital)
Disposition No. 954/2025 (Disposición 954/2025)
Consumer Protection Law No. 24240, together with numerous other legislative instruments, including the Digital Signature Law and Disposition No. 954/2025, establishes a comprehensive regulatory framework for consumer protection, which extends to transactions conducted in the online environment.
Coverage Horizontal
Sources
- https://web.archive.org/web/20260112153955/https://servicios.infoleg.gob.ar/infolegInternet/anexos/0-4999/638/texact.htm
- https://web.archive.org/web/20260112160720/https://servicios.infoleg.gob.ar/infolegInternet/anexos/70000-74999/70749/texact.htm
- https://web.archive.org/web/20260112154711/https://www.boletinoficial.gob.ar/detalleAviso/primera/330827/20250904
- https://web.archive.org/web/20260112161051/https://unctad.org/page/cyberlaw-tracker-country-detail?country=ar
- https://web.archive.org/web/20260112160023/https://insightplus.bakermckenzie.com/bm/data-technology/argentina-regulatory-update-on-remote-contracting-and-e-commerce
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ARGENTINA
N/A
Pillar Online sales and transactions |
Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Argentina has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
ARGENTINA
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Argentina has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
ARGENTINA
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Argentina has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal
