AustriaECG
Officially E-Commerce-Gesetz (ECG), Information Claims Against Intermediary Service Providers (Sections 13 and 14)
ECG, BGBl. I Nr. 152/2001, §§ 13-14
In force since .
A notice and action rule binding private bodies.
- Private right of action
- Yes
- Obligation class
- Disclosure
As of .
What it requires
- On the order of a domestic court, give the court all information that allows the users of your service with whom you have agreements to transmit or store information to be identified, where that serves the prevention, investigation, clarification or prosecution of court-punishable offences (section 13(1)).
- On the order of a domestic administrative authority, give the authority the names and addresses of the users of your service with whom you have such agreements, where knowing them is an essential prerequisite for the authority's tasks (section 13(2)).
- On the request of a third person who shows an overriding legal interest in establishing the identity of a user and of a specific unlawful matter, and who also makes credible that the information is an essential prerequisite for pursuing a legal claim, give that person the user's name and address (section 13(3)).
Who enforces it
Enforcement body
The commercial court of first instance in whose district the harmful event occurred or threatens to occur, deciding in non-contentious proceedings (section 14).
What this law does
Section 13(1) requires providers of intermediary services, on the order of a domestic court, to give the court all information that allows the users of their service with whom they have agreements to transmit or store information to be identified, for the prevention, investigation, clarification or prosecution of court-punishable offences.
Section 13(2) requires them, on the order of a domestic administrative authority, to give the authority the names and addresses of those users where knowing them is an essential prerequisite for the authority's tasks.
Section 13(3) requires them to give a third person the name and address of a user on request, where that person shows an overriding legal interest in establishing the identity of a user and of a specific unlawful matter and also makes credible that the information is an essential prerequisite for pursuing a legal claim.
Section 14 requires a claim for information under section 13(3) to be brought before the commercial court of first instance in whose district the harmful event occurred or threatens to occur, which decides in non-contentious proceedings. Section 3 Z 3a defines a provider of intermediary services by reference to Article 3(g) of Regulation (EU) 2022/2065. The Digital Services Act (DSA)-Begleitgesetz of 2023 replaced sections 13 to 16 of the Act with the sections described here. It deleted sections 17 to 19 of the Act with their headings.
When LexLint raises it
When your app profile says your app operates a social platform.