AustriaABGB
Officially Allgemeines bürgerliches Gesetzbuch (ABGB), Injunction Against an Intermediary (Section 20(3))
ABGB, JGS Nr. 946/1811, § 20 Abs. 3
In force since .
An intermediary liability rule binding private bodies.
- Private right of action
- Yes
- Obligation class
- Governance
As of .
What it requires
- Keep the conditions for the exclusion of responsibility under Articles 5 and 6 of Regulation (EU) 2022/2065 satisfied: an intermediary that meets them can be sued for an injunction or removal over an infringement of a personality right committed through its service only after a warning (Abmahnung).
- A provider of a mere conduit service within the meaning of Article 4 of Regulation (EU) 2022/2065 is not treated as an intermediary under this provision.
Who enforces it
Enforcement body
The civil courts, on the suit of the person whose personality right is infringed (section 20(1) and (3)).
What this law does
Section 20(1) lets a person whose personality right has been infringed, or is threatened with infringement, sue for an injunction and for removal of the unlawful state of affairs. Section 20(3) extends that claim to an intermediary whose services the infringer uses. A provider of a mere conduit service within the meaning of Article 4 of Regulation (EU) 2022/2065 does not count as an intermediary for this rule.
Where the intermediary meets the conditions for an exclusion of responsibility under Articles 5 and 6 of the Regulation, it can be sued only after a warning (Abmahnung). Section 20 has had its current wording since , following the Digital Services Act (DSA)-Begleitgesetz, BGBl. I Nr. 182/2023.
When LexLint raises it
When your app profile says your app operates a social platform.