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GDPR Compliance in Austria

Österreich · Datenschutzgesetz (DSG)

TL;DR

Websites targeting users in Austria must comply with GDPR as implemented locally through the Datenschutzgesetz (DSG). The supervisory authority is the Datenschutzbehörde (DSB). Notable enforcement: Austrian Post fined for profiling voters (€18 million). Use our free scanner below to check your website instantly.

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Data Protection Authority

Authority

Datenschutzbehörde (DSB)

Local Law

Datenschutzgesetz (DSG)

Language

German

Largest Fine

€18 million

Population

9.1 million

Key Requirements for Austria

Google Analytics was ruled non-compliant by DSB in landmark 2022 decision

Explicit consent required before any analytics tracking

DPO required for regular and systematic monitoring at scale

Must ensure EU-adequate data transfer mechanisms

Cookie consent cannot be bundled with terms acceptance

Data subjects can lodge complaints directly with DSB

What Makes Austria Different?

Austria's DSB issued the groundbreaking ruling that Google Analytics violates GDPR due to US data transfers, following the Schrems II decision. This ruling cascaded across Europe and forced many websites to reconsider their analytics setup.

Austria Website Compliance Checklist

Cookie consent banner that requires opt-in before non-essential cookies

Privacy policy available in German

Clear identification of data controller and contact details

Data Processing Agreement (DPA) with all third-party processors

Lawful basis documented for each processing activity

Data Subject Access Request (DSAR) process in place

Data breach notification procedure compliant with 72-hour rule

Data Protection Impact Assessment for high-risk processing

International data transfer mechanisms documented (SCCs, adequacy decisions)

Records of processing activities (ROPA) maintained

Frequently Asked Questions

What are the GDPR requirements for websites in Austria?

In Austria, websites must comply with GDPR as implemented by the Datenschutzgesetz (DSG). Key requirements include obtaining explicit consent before setting non-essential cookies, providing a clear privacy policy, appointing a DPO when required, and notifying data breaches within 72 hours to the Datenschutzbehörde (DSB).

Who enforces GDPR in Austria?

The Datenschutzbehörde (DSB) is the supervisory authority responsible for enforcing data protection laws in Austria. They can investigate complaints, conduct audits, and issue fines up to €20 million or 4% of annual global turnover.

How can I check if my website complies with Austria data protection laws?

Use PrivacyChecker's free scanner to perform an instant audit of your website. Our tool checks 25+ compliance points including cookie consent, privacy policy presence, security headers, tracker detection, and more — all relevant to Austria's GDPR requirements.

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GDPR Compliance in Other Countries

🇩🇪Germany🇫🇷France🇳🇱Netherlands🇪🇸Spain🇮🇹Italy🇧🇪Belgium🇵🇱Poland🇸🇪Sweden