News

27 October 2026Open-source licences: what the GPL, MIT and Apache require for commercial useOpen-source software may be used commercially. The obligations under the licences arise on distribution and, under the AGPL and the EUPL, also on operation as a service; anyone who breaches them loses permission to use the software and is liable under the Austrian Copyright Act.
19 October 2026ChatGPT, Copilot, Claude: what to settle firstMay staff use ChatGPT, Copilot or Claude? What to settle first: business accounts, data processing agreement, training, works council, AI policy.
19 October 2026US cloud and GDPR: Microsoft 365, Google, AWSMicrosoft 365, Google Workspace and AWS can still be used as long as the adequacy decision stands. What businesses should check and keep on file now.
12 October 2026Cloud and SaaS switching under the Data ActThe Data Act governs switching between cloud and SaaS providers: notice period, data export and erasure. From 12 January 2027, switching charges are prohibited.
12 October 2026Software product liability from December 2026For products placed on the market after 9 December 2026, software is a product. Manufacturers are liable for updates and for missing security updates.
14 September 2026Real estate income tax on old assets rises from 2027For property that was no longer within the speculation period in 2012, Austrian real estate income tax rises from 4.2 to 6 percent of the proceeds for purchase contracts concluded from 2027, and from 18 to 21 percent after a rezoning. The date of the purchase contract determines which rate applies.
10 September 2026Developer contracts: how your money is securedPaying before completion means carrying the risk. What the BTVG requires (security, instalment plan, trustee) and what to check before you sign.
7 September 2026Managing director dies: no duty to make provisionAfter the sole shareholder's death the salary stopped. The resignation was justified, but the Supreme Court awarded no termination pay (8 ObA 40/25b).
7 September 2026GDPR fine: 13 million for party affinitiesIn Ro 2025/04/0007 the Supreme Administrative Court sets the fine at 13 million euros and treats the company's compliance measures as mitigating.
31 August 2026Rescission: a safety defect alone is not enoughA defect that makes a vehicle unroadworthy does not by itself entitle the buyer to unwind the sale. In 3 Ob 122/26a the Supreme Court calls for a balancing exercise.
26 August 2026Right to repair: what applies from 1 October 2026Austria's Goods Repair Directive Implementation Act introduces a repair obligation for manufacturers, a one-off one-year extension of the statutory warranty period after a repair, and a European repair information form.
26 August 2026Handing over a business: the legal form sets the course8,202 businesses changed hands in Austria in 2025, more than in any year since records began. How a handover works in legal terms depends first on the legal form: sole proprietorship, OG and KG, or GmbH. This article gives an overview of liability, employees and taxes.
18 August 2026Buying property in Salzburg: steps and costsThe article explains what buying a flat costs (transfer tax, registration fee, real estate income tax) and where in Salzburg land transfer law applies.
16 August 2026Taking over a medical practice in AustriaAnyone taking over a medical practice buys individual assets, not the practice itself; the panel doctor contract does not transfer. The article explains what applies in Salzburg to the handover practice, the in-house pharmacy and the patient records.
16 August 2026Partition action: division in kind or saleThe article explains who has to prove what in a division in kind, a sale by auction or a division through condominium ownership, what a partition action costs and how long it takes.
11 August 2026Contractual penalties and judicial reductionA contractual penalty can be validly agreed, but the court may reduce it if it is excessive. The article explains what that means for drafting.
5 August 2026Notifying construction defects: the first weeksWith construction defects it is usually not the legal question that decides the case, but the evidence. The article sets out what building owners should document immediately and which deadlines are running.
4 August 2026AI Act: what applies since 2 August 2026Since 2 August 2026 Art 50 AI Act applies: providers must make chatbots identifiable, deployers must disclose deep fakes. High-risk duties are postponed.
29 July 2026Given notice: the first two weeks decideAnyone wishing to challenge a dismissal has just two weeks from receipt. The article explains what to check in that time and what employers should bear in mind.
22 July 2026Setting up an Austrian GmbH: what has applied since 2024Since 1 January 2024 the minimum share capital has been EUR 10,000; the FlexCo was introduced at the same time. The article explains what that means for new and existing companies.
21 July 2026Regulated trades: providing the certificate of competenceWithout a certificate of competence, the only way is through a managing director under trade law, who must also actually work in the business.
15 July 2026Fixed-term tenancies: when the fixed term is ineffectiveFixed terms in residential tenancy law are subject to strict requirements. If one is missing, the agreement counts as open-ended, with full protection against termination.
14 July 2026Greenwashing: the UWG rules in force since 27 September 2026Parliament has passed the EmpCo implementation: since 27 September 2026, generic environmental claims such as “climate-neutral” are inadmissible without recognised proof. This is the moment to review advertising claims.
8 July 2026Data breach: the 72-hour deadline runs from awarenessEncrypted servers, a lost laptop, an email to the wrong distribution list: the article explains what companies must do in the first three days.
7 July 2026Trade mark search: why the Office does not check your markThe Patent Office does not check whether earlier trade marks stand in the way. The article explains what a search and an application cost and when the right time is.
30 June 2026Supreme Court on disguised non-compete clausesThe Austrian Supreme Court judges a contractual client-contact ban by its content, not its name, and subjects it to the strict rules on non-compete clauses (9 ObA 6/26m).
23 June 2026Litigation funding: when it is an optionA third party bears the costs and receives a share if the case succeeds. This is an option for high amounts in dispute if the conditions are right.
16 June 2026Appealing a Bescheid: deadline and suspensive effectThe deadline is four weeks from service. Whether the appeal holds the decision up in the meantime often matters more than the appeal itself.
16 June 2026VerbRÄG 2026: new duties in online salesThe Consumer Rights Amendment Act 2026 integrates financial services into distance-selling law, extends the personalised-pricing notice to financial services and adds durability information duties.
9 June 2026Search of business premises: the first few hoursWhat you may demand, what you must hand over, and why reviewing data carriers is a separate question.
9 June 2026Pay transparency: deadline passed, duties comingThe EU pay transparency directive was due for implementation by 7 June 2026; the Austrian act is still outstanding. The article explains why employers should prepare now anyway.
2 June 2026When criminal proceedings end without an indictmentDiscontinuance and diversion both end proceedings without a conviction, but with different requirements and different consequences.
26 May 2026When EU-wide tendering is required: the threshold valuesThe EU threshold values are reset every two years. The outcome depends on the estimate of the contract value and on the prohibition on calculating it down.
26 May 2026Spring owners keep their party status, VwGH holdsThose affected by a compulsory water-law right do not lose their party status by staying silent at the hearing; the Supreme Administrative Court has clarified this in an important decision (Ro 2025/07/0006).
19 May 2026Access requests in the business: the month runs from receiptThe time limit is one month and can be extended by two more in complex cases. Trade secrets justify redactions, but not a refusal.
19 May 2026Constitutional Court repeals one-year insurance deadlineThe Constitutional Court has struck down § 12 Abs 3 VersVG as a breach of equality. The repeal takes effect on 1 June 2027; until then the one-year deadline for suing after a refusal still applies.
12 May 2026Index clauses: two Supreme Court rulings for landlordsIn 2026 the Austrian Supreme Court ruled twice on index clauses in tenancy agreements: on the severability of defective clauses and on the permissible index base. The article explains what that means for existing agreements.
5 May 2026Escrow handling in a property purchase: how it worksThe purchase price stays in the escrow account until registration and the release of encumbrances are secured. The conditions for payout, the allocation of costs and the unwinding determine the quality of the handling; the most common mistake is payment outside the escrow arrangement.
28 April 2026Building permit, notification or exempt in SalzburgWhether a project requires a permit, requires notification, or is exempt depends on its type, size and use. Ahead of that always stands the zoning.
21 April 2026Amending the articles of association: what it takesAmendments generally require three-quarters of the votes cast, notarial form and registration in the companies register.
14 April 2026Compulsory portion: disclosure by private foundationsPersons entitled to a compulsory portion can demand comprehensive information on assets, beneficiaries and distributions from a private foundation co-founded by the deceased (2 Ob 115/25p).
7 April 2026Excluding a shareholder: why the articles of association decideWithout a provision in the articles of association, as a rule the only option is an action for exclusion for good cause, a long road with high requirements.
31 March 2026Determining the parification value: when the shares no longer fitParification values determine voting weight and share of costs. After conversions or extensions they often no longer add up; a court determination can then help.
24 March 2026Owners' meeting: notice, resolution, power of attorneyThe meeting must be convened at least every two years, with timely and verifiable notice and an agenda; what is counted is shares, not heads.
17 March 2026Reference-value rent: where the surcharges come fromThe reference value is only the starting point. What is disputed are the surcharges and deductions for location, fittings and condition.
10 March 2026The matrimonial home in the division of assets after divorceThe matrimonial home can be divided even where it belongs to only one spouse. The application must be made within one year of the divorce becoming final.
3 March 2026Non-compete clauses: the remuneration thresholdA non-compete clause only has effect above a statutory remuneration threshold that rises annually. Below it, the clause is invalid.
24 February 2026Notice periods: what the alignment means in practiceSince the alignment, the same notice periods apply to blue-collar workers as to salaried employees. Older collective bargaining rules for seasonal sectors, however, remain in force.
17 February 2026Severance pay: which scheme applies to youWhich scheme applies depends on the start date. For employment relationships from 2003 the new severance pay scheme applies; for earlier ones the old system can continue to apply.
10 February 2026NIS-2 in Austria: the NISG 2026 has applied since 1 October 2026With the NISG 2026, Austria implements the NIS-2 directive. Instead of a few operators designated by administrative decision, a large number of companies across 18 sectors are now covered, with personal duties for management.
11 November 2025Adverse possession: 30 centimetres behind a garageThe Supreme Court has set aside the dismissal of a claim to a strip 30 centimetres wide behind a garage and remitted the case. Even a non-independent part of a plot can be acquired by prescription; whether that succeeds depends on the possessors' good faith.
21 February 2024Manufacturer's deceit is not attributed to the dealerThe long limitation period for deceit does not apply against the dealer, because in selling a vehicle he does not make use of the manufacturer. The Supreme Court rejected the appeal against the dealer.
25 January 2024Emissions claims: a valid type approval is no defect in titleAs long as the EC type approval is in force, the mere fear that it may be withdrawn does not amount to a defect in title. The Supreme Court rejected the appeal against the dealer.