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AUSTRIA

Since September 2019

Pillar Intermediary liability  |  Indicator User identity requirement
Ordinance of the Federal Minister of Transport, Innovation and Technology on the procedures for identifying participants - Federal Law Bulletin II No. 7/2019(Verordnung des Bundesministers für Verkehr, Innovation und Technologie über Verfahren zur Identifikation von Teilnehmern)
According to the Ordinance of the Federal Minister of Transport, Innovation and Technology on the procedures for identifying participants (Federal Law Bulletin II No. 7/2019), all mobile value cards in Austria must be registered. It is mandatory to register the following data: first name, last name, academic degree and date of birth. Customers can register in person with their mobile operator, for which an official ID is necessary. It is also possible to register online, which requires the customer to take a photo of themselves and their ID. Holders of an Austrian bank account can also register via said account. Companies must register through an authorised representative who must submit a suitable document from the company register.
Coverage Telecommunications sector

AUSTRIA

Since October 2020

Pillar Intermediary liability  |  Indicator Monitoring requirement
Communication Platforms Act (Kommunikationsplattformen-Gesetz)
The Communication Platforms Act, which went into effect in October 2020, requires online social media platforms with more than 100,000 users in Austria and annual revenue of at least Eur 500 million (approximately USD 560 million) in Austria to establish a complaints department with a streamlined procedure for managing hate speech posts. The law applies to a catalogue of 15 criminal offences, including hate speech, coercion, stalking and the degradation of religious teachings. Platforms must provide a reporting function for this illegal content and react immediately to notifications. If the content is obviously illegal for legal laypersons, it must be blocked within 24 hours after the notification. If the illegality is not that obvious, the platform can take a maximum of 7 days to respond. The law allows individuals to sue in court to compel platforms to immediately delete content ruled as hate speech. Media platforms and communication forums that are “directly linked to journalistic activity” are exempt from the new law. Online information services, such as Wikipedia and online retail services, are also exempt.
Coverage Social media platforms

AUSTRIA

Since April 2019
Since April 1936, as amended in December 2023

Pillar Intermediary liability  |  Indicator Monitoring requirement
Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC

Austrian Copyright Law (Urheberrechtsgesetz)
Art. 17 of Directive 2019/790 on Copyright in the Digital Single Market (DSM Directive) mandates that providers of content-sharing services seek authorisation from rights holders and implement technical solutions to remove and prevent unauthorised uploads by their users (so-called upload filters), under penalty of losing their liability safe harbour. Further arrangements are envisaged for complaints and dispute resolution mechanisms. Such upload filters are reported to be a significant cost for online platforms. Graduated exemptions are expected to be put in place for new providers active in the EU for less than three years, with a turnover under EUR 10 million and with fewer than five million users. The provision is subject to a challenge in the Court of Justice by Poland (C-401/19).
To implement Directive 2019/790, the Federal Council has adopted the Copyright Amendment 2021 that amends the Copyright Act (Urheberrechtsgesetz – UrhG), therefore making online content-sharing service providers partially liable for copyright violations on their platforms. In addition, according to Section 81 of the Act, the intermediary can be sued for injunctive relief in certain cases.
Coverage Online content sharing service

AUSTRIA

Since March 2010, entry into force in May 2010, last amended in 2018
Since July 2001, as amended in January 2021, last amended April 2022

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Local content requirements (LCRs) on ICT goods for the commercial market
EU Directive on Audiovisual Media Services (AVMS)

Federal Act on Audiovisual Media Services (Audiovisual Media Services Act – AMD-G) (Bundesgesetz über audiovisuelle Mediendienste (Audiovisuelle Mediendienste-Gesetz – AMD-G))
The EU Directive on Audiovisual Media Services (AVMS) covers traditional broadcasting services as well as audiovisual media services provided on-demand, including via the Internet. Art. 13.1 provides for Member States to secure a minimum 30% share of European works in the catalogues as well as "ensuring prominence" of those works. "Prominence" involves promoting European works by facilitating access to such works using any appropriate means to ensure their prominence. The Directive has been implemented by Member States in different ways, ranging from very extensive and detailed measures to a mere reference to the general obligation to promote European works.
In Austria, the EU Directive was transposed into domestic law through the amendment of the Audiovisual Media Services Act of January 2021 (Federal Law Gazette I No. 150/2020). According to Art. 40 of the Act, providers of on-demand audiovisual media services must ensure that, on average, at least 30% of the titles in their catalogues over a calendar year are European works. Additionally, these European works must be prominently highlighted compared to other content in the catalogue, using clear labelling. Austria has not introduced financial contribution obligations for VOD service providers.
Coverage Broadcasting

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 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

Since May 2001
Since April 1936, as amended in December 2023

Pillar Intellectual Property Rights (IPRs)  |  Indicator Copyright law with clear exceptions
Directive 2001/29/EC

Austrian Copyright Law (Urheberrechtsgesetz)
There is no general principle for the use of copyright-protected material comparable to the fair use/fair dealing principles. Directive 2001/29/EC defines an optional but exhaustive set of limitations from the author´s exclusive rights under the control of the “three-step test” in line with the Berne Convention that establishes three cumulative conditions to the limitations and exceptions of a copyright holder’s rights. The Directive has been transposed by Member States with significant freedom. In Austria, the Copyright Law provides for exceptions or limitations to the reproduction right provided in some listed cases, in line with Directive 2001/29/EC. Exemptions provided in Art. 41 to 56 Austrian Copyright Law are, mainly, the following:
- Temporary reproduction;
- Reproduction for personal and private use;
- Reproduction for reporting of current events.
- Reproduction in favour of disabled people.
- Use of works as insignificant accessories.
- Quotation.
- Use of protected work for educational and scientific purposes.
- Fair, free use of works of literature, music, and fine Arts.
- Non-commercial use of picture or sound carriers and broadcasts in certain businesses.
- Use of image or sound carriers to certain federal agencies.
- Reproduction and use of protected works by libraries and museums.
- Public reproduction in accommodation establishments.
Coverage Horizontal

AUSTRIA

Since March 2010

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
The European Union and Austria have adopted the World Intellectual Property Organization (WIPO) Copyright Treaty. The treaty was ratified on 14 December 2009 and came into effect on 14 March 2010.
Coverage Horizontal

AUSTRIA

Since March 2010

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
The European Union and Austria have adopted the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty. The treaty was ratified on 14 December 2009 and came into effect on 14 March 2010.
Coverage Horizontal

AUSTRIA

Since June 2016
Since November 1984, as amended in December 2018

Pillar Intellectual Property Rights (IPRs)  |  Indicator Effective protection covering trade secrets
Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets)

Federal Law Against Unfair Competition of 1984 (as amended up to Federal Law published in the Federal Law Gazette I No. 109/2018 (BGBI. I No. 109/2018)) (Bundesgesetz gegen den unlauteren Wettbewerb 1984 (UWG) (zuletzt geändert durch das Bundesgesetz BGB1. Nr. 109/2018))
The Directive 2016/943 on the protection of undisclosed know-how and business information (trade secrets) is key in harmonising national laws concerning trade secrets. In Austria, the Directive has been transposed by the Federal Act against Unfair Competition (UWG) amendment of 2018, amending the Federal Act Against Unfair Competition 1984, the Code of Civil Procedure, and the Consumer Authorities Cooperation Act. However, it is reported that companies identify several challenges in effectively combating trade secret theft and misappropriation. These challenges include gaps in criminal liability, insufficient specialisation among judges, low criminal penalties, and procedural obstacles.
Coverage Horizontal

AUSTRIA

Since August 2003, last amended in September 2021
Since May 2014

Pillar Telecom infrastructure & competition  |  Indicator Passive infrastructure sharing obligation
Telecommunications Act 2003 (TKG 2003) (Telekommunikationsgesetz 2003 –
TKG 2003)

Directive 2014/61/EU on measures to reduce the cost of deploying high-speed electronic communications networks
Passive sharing is mandated and is effective in both the mobile and fixed sectors. Access to passive infrastructure is possible based on the Telecommunications Act 2003. According to Art 8 of the Act, owners or other authorised users of an antenna mast or a high-voltage mast must permit providers of a public communications network, fire brigades, rescue services as well as police authorities the joint use if this is economically reasonable and technically feasible, in particular in terms of frequencies. The owner or other authorised user shall perform technical modifications required for this purpose or have them performed if the modifications are slight and the person seeking joint use pays the costs. The right of joint use shall also include joint use of the infrastructure necessary for operation. The owner or other authorised user must not use his power to dispose of the system to the disadvantage of the joint user. On the other hand, infrastructure sharing is practised in Austria in the mobile sector only in terms of site sharing and national roaming.
In addition, Art. 3.2 of the Directive 2014/61/EU establishes that Member States shall ensure that, upon written request of an undertaking providing or authorised to provide public communications networks, any network operator must meet all reasonable requests for access to its physical infrastructure under fair and reasonable terms and conditions, including price, with a view to deploying elements of high-speed electronic communications networks. Such written request shall specify the elements of the project for which the access is requested, including a specific time frame.
Coverage Telecommunications sector

AUSTRIA

N/A

Pillar Telecom infrastructure & competition  |  Indicator Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in telecom sector
Austria's main telecommunications provider is Telekom Austria AG. It is reported that ÖBAG owns 28.42% of the shares of Telekom Austria AG. ÖBAG is short for Österreichische Beteiligungs AG (Austrian Holding Corporation), which is a state-owned company wholly owned by the Austrian government that is responsible for managing state holdings in various strategic companies in the country.
Coverage Telecommunications sector

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
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ITA: [{"meta_value":"EU"}]

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

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