Database

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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

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))
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.
Coverage Digital sensitive sectors including critical digital infrastructure
Sources
"SELECT DISTINCT(post_id) FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'AT')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
[{"post_id":"97448"},{"post_id":"97449"},{"post_id":"97450"}]
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'impact' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'AT')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2')\n\t\t\t\t\t\t\t\t)"
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'AT')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
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

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

AUSTRIA

Since March 2004, last amended in February 2014
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)
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.
Coverage Any product sold to a utility provider including software used in telecommunication network equipment

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

ANGOLA

Since November 2019
Since December 2021

Pillar Online sales and transactions  |  Indicator Threshold for ‘De Minimis’ rule
Presidential Legislative Decree No. 10/19 - Customs Tariffs Law (Decreto Legislativo Presidencial No. 10/19 - Lei da Pauta Aduaneira)

Law No. 32/21 - Angolan State Budget 2022 (Lei No. 32/21 - Lei do Orçamento Geral do Estado 2022)
Art. 13 of Presidential Legislative Decree No. 10/19, also known as the Customs Tariffs Law, specifies that goods for personal use sent through the post office, courier, or express cargo operators are exempt from the dispatch procedure and payment of customs duties as long as they cumulatively are below the limit per traveller's remittance, set at 2,640 Fiscal Correction Unit (UCF), the equivalent of 232,320 kwanzas (approximately USD 200). More recently, Art. 15 of Law No. 31/21 introduced changes to the Custom Tariffs Law, raising the threshold for personal goods to 1,000,000 kwanzas (approximately USD 1,200), which is above the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal

ANGOLA

N/A

Pillar Online sales and transactions  |  Indicator Framework for consumer protection applicable to online commerce
Lack of comprehensive consumer protection law applicable to online commerce
Angola lacks a comprehensive framework for consumer protection that applies to online transactions.
Coverage Horizontal

ANGOLA

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
Angola has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

ANGOLA

N/A

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Angola 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

ANGOLA

N/A

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Angola 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

ANGOLA

N/A

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place beyond copyright infringement
A basic legal framework on intermediary liability beyond copyright infringement is absent in Angola's law and jurisprudence.
Coverage Internet intermediaries

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