AustriaKDD-G
Officially Koordinator-für-digitale-Dienste-Gesetz (KDD-G), Digital Services Act Authorities and Penalties
Also known as DSA-Begleitgesetz.
KDD-G, BGBl. I Nr. 182/2023, §§ 1-10
In force since .
A transparency and process rule binding public and private bodies.
- Obligation class
- Disclosure, Governance
As of .
What it requires
- As a provider of an intermediary service, comply with Articles 9(1) and (5), 10(1) and (5), 11(1) to (3), 12(1) and (2), 13(1), (2) and (4), 14(1) to (4) and 15(1) and (2) of Regulation (EU) 2022/2065; section 5(1) KDD-G makes a breach of each of these an administrative offence.
- As a provider of hosting services, including an online platform, comply with Articles 16(1), (2), (4), (5) and (6), 17(1) and (4) and 18(1) of Regulation (EU) 2022/2065; section 5(2) KDD-G makes a breach of each of these an administrative offence.
- As a provider of an online platform or online search engine, subject to Article 19 of Regulation (EU) 2022/2065, comply with Article 24(2) and (3); section 5(3) KDD-G makes a breach an administrative offence.
- As a provider of an online platform, subject to Article 19 of Regulation (EU) 2022/2065, comply with Articles 20 (including paragraphs 3 to 6), 21(1), 22(1), 23(1), (2) and (4), 24(1), 25(1), 26(1) to (3), 27(1) to (3), 28(1) and (2) and 86(2); section 5(4) KDD-G makes a breach of each of these an administrative offence.
- As a provider of an online platform that allows consumers to conclude distance contracts with traders, subject to Article 29 of Regulation (EU) 2022/2065, comply with Articles 30(1), (2), (3), (5), (6) and (7), 31(1) to (3) and 32(1) and (2); section 5(5) KDD-G makes a breach of each of these an administrative offence.
- As a provider of a very large online platform or very large online search engine, comply with Article 14(5) and (6) of Regulation (EU) 2022/2065; section 5(6) KDD-G makes a breach an administrative offence.
- Comply with a measure or decision that KommAustria issues in exercising its investigation or enforcement powers under Article 51 of Regulation (EU) 2022/2065; section 5(7) KDD-G makes non-compliance an administrative offence.
- Cooperate in determining your turnover or income, and give KommAustria on request the information it needs within a reasonable time (section 6(3) KDD-G).
If you get it wrong
Criminal exposureNo
Penalty structure
Section 6(1) KDD-G sets a fine of up to 1 % of the annual income or worldwide annual turnover of the provider or other person concerned in the preceding financial year for providing incorrect, incomplete or misleading information, failing to reply or rectify, or not tolerating an inspection, and up to 6 % of the provider's worldwide annual turnover in the preceding financial year in all other cases.
- Rule
- Turnover pct only
- As of
- Turnover percentage cap
- 6
Who enforces it
Enforcement body
KommAustria (Kommunikationsbehörde Austria), which imposes the fines (section 6(1)) and is supported by the RTR-GmbH, Fachbereich Medien (section 2(2)).
What this law does
The Koordinator-für-digitale-Dienste-Gesetz regulates the implementation in Austria of the obligations that arise from Regulation (EU) 2022/2065, the Digital Services Act. Section 2(1) designates the Kommunikationsbehörde Austria (KommAustria) as the competent authority for the tasks of the Digital Services Coordinator under Article 49(1) and (2) of the Regulation. Section 2(2) calls on the Rundfunk und Telekom Regulierungs-GmbH (RTR-GmbH), Fachbereich Medien, to support KommAustria.
Section 2(4) gives the RTR-GmbH, Fachbereich Medien, the tasks of an out-of-court dispute settlement body under Article 21(6) of the Regulation. Section 5(1) makes it an administrative offence for a provider of an intermediary service to breach the duties in Articles 9 to 15 of the Regulation that it lists. Section 5(2) makes it an administrative offence for a provider of hosting services, including an online platform, to breach the duties in Articles 16 to 18 that it lists.
Section 5(3) does the same, subject to Article 19 of the Regulation, for a provider of an online platform or online search engine as to the publication of average monthly active users under Article 24(2) and (3). Section 5(4) does the same, subject to Article 19, for a provider of an online platform as to Articles 20 to 28 and Article 86(2).
Section 5(5) does the same, subject to Article 29, for a provider of an online platform that allows consumers to conclude distance contracts with traders as to Articles 30 to 32. Section 5(6) does the same for a provider of a very large online platform or very large online search engine as to Article 14(5) and (6). Section 5(7) makes it an administrative offence not to comply with a measure or decision of KommAustria in exercising its investigation or enforcement powers.
Section 6(1) Z 1 sets a fine of up to 1 % of the annual income or worldwide annual turnover for providing incorrect, incomplete or misleading information, failing to reply or rectify, or not tolerating an inspection. Section 6(1) Z 2 sets a fine of up to 6 % of the provider's worldwide annual turnover in all other cases.
Section 6(2) requires KommAustria, after a provider or other person has breached a decision or order of the kind it lists, to threaten a periodic penalty payment of up to 5 % of the average daily worldwide turnover or income for each day of non-compliance, and to impose it if the call to stop the breach is not met in time.
Section 6(5) makes the legal representative resident in Austria liable for fines imposed for breaches by providers of intermediary services without an establishment in the Union. Section 10(1) brings the Act into force on and repeals the Kommunikationsplattformen-Gesetz, BGBl. I Nr. 151/2020.
When LexLint raises it
When your app profile says your app operates a social platform.