AustriaTKG 2021
Officially Telekommunikationsgesetz 2021 (TKG 2021), Consent and Information Duty for Data Collection (Section 165(3))
TKG 2021, BGBl. I Nr. 190/2021, § 165 Abs. 3
In force since .
A device storage and tracking consent rule binding private bodies.
- Obligation class
- Consent, Disclosure
As of .
What it requires
- 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.
If you get it wrong
Criminal exposureNo
Penalty structure
Section 188(4) Z 24: not informing the users as section 165(3) requires is an administrative offence punishable by a fine of up to 50,000 euro and, if the fine cannot be collected, imprisonment of up to six weeks.
- Rule
- Fixed only
- As of
- Currency
- EUR
- Fixed cap
- 50,000
Who enforces it
Enforcement body
Fernmeldebüro, the telecommunications authority that is competent for the official acts the Act provides for unless otherwise stated (section 192(3)); section 188(11) assigns to the federal government the fines the Fernmeldebüro imposes. Appeal lies to the Bundesverwaltungsgericht (section 192(5)).
What this law does
Section 165(3) obliges operators of public communications services and providers of an information society service within the meaning of section 3 Z 1 of the E-Commerce-Gesetz to inform the user which personal data they will process, on what legal basis, for what purposes and for how long the data are stored. It allows the collection of these data only if 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, enabling the provider of an information society service that the user expressly requested to provide that service. The information is to be given in a suitable form, in particular in the general terms and conditions, and at the latest at the start of the legal relationship.
The Telekommunikationsgesetz 2021 states in section 1(6) that it implements Directive 2002/58/EC as amended by Directive 2009/136/EC. Section 188(4) Z 24 makes it an administrative offence not to inform the users as section 165(3) requires. The administrative offences in section 188(4) carry a fine of up to 50,000 euro.
When LexLint raises it
When your app profile says your app tracks devices.