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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

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

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

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
"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

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