Reuses other publishers' content, in Austria
Each law's tag says when it binds: since in force proposed proposed
UrhG Section 42h(6), Text-and-Data-Mining Opt-Out for Aggregationsince 3 lines
UrhG Sec. 42h(6), BGBl. Nr. 111/1936 as amended by BGBl. I Nr. 244/2021 · Read the law's page
- You may reproduce a work you have lawfully accessed, for your own use, in order to mine text and data in digital form automatically.
- Before mining, check whether the rightsholder has expressly prohibited the reproduction and signalled that prohibition adequately, in particular through machine-readable means for a work made available online.
- Do not mine a work whose rights are reserved in that way.
UrhG Section 76f, Press-Publisher Neighbouring Rightsince 4 lines
UrhG Sec. 76f, BGBl. Nr. 111/1936 as amended by BGBl. I Nr. 244/2021 · Read the law's page
- Applies to you if, within an information-society service, you reproduce a press publication or make it available to the public online.
- Obtain the press publisher's authorisation before reproducing the whole of its press publication, or parts of it, or making it available to the public online; the publisher holds the exclusive right; the right does not cover private or non-commercial use by individual users, hyperlinks, or individual words or very short extracts.
- A press publication is a collection of predominantly journalistic literary works published under a common title as a periodically appearing or regularly updated title (a newspaper, magazine or journal) to inform the public; scientific and academic periodicals are excluded.
- The right lasts two years from the press publication's own publication.
DSA-Begleitgesetz (Digital Services Act Accompanying Act) — Austrian Implementation of the EU Digital Services Actsince 3 lines
Bundesgesetz, mit dem das KommAustria-Gesetz und weitere Bundesgesetze geändert werden (DSA-Begleitgesetz), BGBl. I Nr. 182/2023; giving effect to Regulation (EU) 2022/2065
- As a very large online platform or search engine, conduct an annual systemic-risk assessment of your algorithmic recommendation systems.
- As a very large online platform or search engine, offer users at least one recommendation option that is not based on profiling.
- As a very large online platform or search engine, disclose your recommendation-system parameters.
Produkthaftungsgesetz 2026 (PHG 2026), ministerial draft 151/ME implementing Directive (EU) 2024/2853proposed10 lines
Entwurf Bundesgesetz über die Haftung für ein fehlerhaftes Produkt 2026 (Produkthaftungsgesetz 2026 – PHG 2026) · Read the law's page
- If you develop or make software, or have it designed or made, you answer as its manufacturer; free and open-source software developed or supplied outside a business activity is outside the Act (§§ 2(1), 2(10) and 17 point 1).
- Keep supplying the software updates and upgrades needed to keep the product safe while it is within your control: a defect caused by software, by an update or upgrade, or by a missing necessary update is not excused because it arose after you put the product into circulation (§§ 2(5) and 8(2)).
- Meet the product safety requirements that apply to your product, safety-relevant cybersecurity requirements included: they count in judging whether it is defective (§ 5(2) point 6), and failing a binding requirement that protects against the injury suffered presumes it defective (§ 7(2) point 2).
- Account for what your product learns or acquires after it is put into circulation: the effect of that ability is weighed in judging whether it is defective (§ 5(2) point 3).
- Keep records you could produce if a court orders disclosure on a claimant's plausible claim; failing to disclose relevant evidence after a court order presumes the product defective (§§ 6(1) and 7(2) point 1).
- If you are a manufacturer established outside the Union, your importer and your authorized representative answer as the manufacturer does, and where there is neither, the fulfilment service provider answers (§ 3(1) point 3).
- If you substantially modify a product outside the manufacturer's control and then make it available on the market or put it into operation, you answer as its manufacturer (§ 3(2)).
- If you are a supplier, or an online platform that lets consumers conclude distance contracts with traders, name an economic operator established in the Union or your own supplier within one month of an injured person's request, or you answer for the defective product (§ 3(3) and (4)).
- Do not rely on a contract term to exclude or limit your duty to compensate in advance (§ 9).
- A claim under the Act is time-barred three years after the injured person knew or should have known of the damage, the defect and the liable operator, and ten years after you put the product into circulation or into operation (25 years for a latent bodily injury) unless proceedings were started earlier (§§ 13 and 14).