Makes housing decisions, in Austria

Regulation (EU) 2016/679, Arts. 13(2)(f), 14(2)(g), 15(1)(h) and 22 · Read the law's page

• Where a decision based solely on automated processing about a person in Austria rests on a contract with them or on their explicit consent, put suitable safeguards in place, at least the right to obtain human intervention, to express their point of view and to contest the decision, under GDPR Article 22(3).
• Do not subject a person in Austria to a decision based solely on automated processing, including profiling, that produces legal effects concerning them or similarly significantly affects them, unless the decision is necessary for entering into or performing a contract with them, is authorised by Union or Member State law that also lays down suitable measures to safeguard their rights, or rests on their explicit consent, under GDPR Article 22(1) and (2).
• Do not base a solely automated decision with legal or similarly significant effects on a person in Austria on the special categories of personal data in GDPR Article 9(1), unless they gave explicit consent or the processing is necessary for reasons of substantial public interest on the basis of proportionate Union or Member State law, and suitable measures to safeguard their rights are in place, under GDPR Article 22(4).
• If you make solely automated decisions about a person in Austria of the kind GDPR Article 22(1) and (4) describe, including profiling, tell them so and give them meaningful information about the logic involved and the significance and envisaged consequences for them: when you collect their data, within the Article 14(3) period where you obtained it from someone else, and in answering their access request, under GDPR Articles 13(2)(f), 14(2)(g) and 15(1)(h).

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.

Regulation (EU) 2024/1689, Arts. 5, 50 — directly applicable in Austria as EU Member State

• Do not place on the market, put into service, or use an AI system for social scoring.
• Do not use real-time remote biometric identification in public spaces for law enforcement purposes.when it serves a public body
• Do not place on the market, put into service, or use an AI system that exploits individuals' vulnerabilities.
• Inform users, before or at the start of an interaction, that they are communicating with an AI chatbot or voice agent.
• Mark generated image, video, audio, and text output in a machine-readable format detectable as artificially generated.

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).