Knyrim - Austria amends DP law to comply with GDPR provisions

Knyrim: Austria amends DP law to comply with GDPR provisions

The UK-based data protection and privacy law publishing house “privacy laws & business” recently compared different approaches of EU countries in the implementation of the EU General Data Protection Regulation (GDPR) onto national laws. Dr. Knyrim described the amendments of the Austrian Data Protection law in the article “Austria amends DP law to comply with GDPR provisions”.

The EU General Data Protection Regulation (GDPR) will enter into force on 25 May 2018. To supplement and give force to the General Data Protection Regulation, Austrian law-makers have comprehensively amended the Data Protection Law (DSG), which also will enter into force in May 2018.

The most important nationally regulated legal content are:

  • Data of legal persons continues to be protected by the DSG in Austria.
  • The “age of a child with regard to data protection law” and consent requirements have been reduced from 16 to 14 years.
  • The processing of any data relevant to criminal proceedings can also be justified by a party with a valid interest in such data.
  • A separate section is dedicated to image processing and aims basically to regulate all image-taking by responsible persons in the private domain (exempt from the application: the “Household exemption” provision).
  • The regulation prescribes that existing consents, which had legal force according to the 2000 Data Protection Law operating until now, continue to apply.

The article was published in PLB International Issues 149 and can be downloaded here.