Tracks devices, in Austria

TKG 2021, BGBl. I Nr. 190/2021, § 165 Abs. 3 · Read the law's page

• Inform the user which personal data you will process, on what legal basis, for what purposes and for how long the data are stored, in a suitable form, in particular in your general terms and conditions, and at the latest at the start of the legal relationship.
• Collect these data only after the user has given consent actively and on the basis of clear and comprehensive information.
• The consent rule does not stand in the way of technical storage or access whose sole purpose is carrying out the transmission of a message over a communications network, or, where strictly necessary, of enabling an information society service the user expressly requested to be provided.

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).