JD Supra (Blogs)

30 Ergebnisse für JD Supra (Blogs)

  • JD Supra Austria JD Supra, 2019
  • Does a Right to a Physical Hearing Exist in International Arbitration? - Austria Report

    The Austrian Code of Civil Procedure (“ZPO”) contains a special part dedicated to arbitral proceedings (Sections 577 to 618 ZPO). This forms the Austrian lex arbitri. Section 598 ZPO provides that each party in arbitration has a right to an “oral hearing”: “Oral Hearings and Written Proceedings: Unless the parties have otherwise agreed, the arbitral tribunal shall decide whether to hold...

  • Establishing A Business Entity In Austria (Updated)

    1. Introduction - In principle any national citizen or foreign national is allowed to establish a business in Austria. A company is defined as a partnership of at least two persons (exceptions for limited liability companies and joint-stock companies), founded by a legal transaction, who want to achieve a certain purpose through organized cooperation. While one person is sufficient to...

  • Bankruptcy, Insolvency & Rehabilitation Proceedings in Austria

    KEY FACTS OF BANKRUPTCY, INSOLVENCY & REHABILITATION PROCEEDINGS UNDER AUSTRIAN LAW - 1. Introductory Remarks on Austria’s legal system - Austria has a civil law system, as opposed to the common law system of, e.g., the United States or the United Kingdom. Practically all law is codified in statutes. The most important statute in the field of civil law is the Austrian General Civil Code and...

  • Austria: OK to Collect Workers’ Contact Info During Pandemic To Facilitate Efficient Communication

    C The Austrian Data Protection Authority weighs in on Coronavirus and GDPR: •Employers may collect the personal contact information of employees for the purpose of efficient communication during the pandemic. This information may not be used for any other purpose and must be deleted after the pandemic is over...

  • Assessing the Potential of Austria’s New Government Coalition

    After Austria’s government collapsed in May 2019, Austrian chancellor and leader of the conservative party ÖVP Sebastian Kurz was voted back into office in a snap election only 4 months later. Having previously formed a coalition with the country’s far-right wing party FPÖ, Kurz is now teaming up with the green party to form a new government. With awareness of the effects of climate change rising

  • Establishing A Business Entity In Austria (Updated)

    1. Introduction - In principle any national citizen or foreign national is allowed to establish a business in Austria. A company is defined as a partnership of at least two persons (exceptions for limited liability companies and joint-stock companies), founded by a legal transaction, who want to achieve a certain purpose through organized cooperation. While one person is sufficient to...

  • GDPR Guide to National Implementation: Austria - A practical guide to national GDPR compliance requirements across the EEA

    Q1/ Applicable legislation - (a) Have the requirements of the GDPR been addressed by introducing a new law, or by updating existing legislation? Old legislation has been updated. ——— (b) Relevant legislation includes: Data Protection Act, Federal Law Gazette I Nr. 165/1999 (the "Data Protection Act"); amended to reflect GDPR requirements by two Data Protection Amendment Acts in 20

  • Austrian Academy of Sciences Publishes NanoTrust Dossier on Nano Registries

    The Institute of Technology Assessment of the Austrian Academy of Sciences has published a NanoTrust Dossier entitled “Nano-registries: Country-specific Solutions for Nano-regulation.” While the European Union (EU) has declined to create an EU-wide nano-registry, several EU Member States have adopted their own nano-registries.

  • Bankruptcy, Insolvency & Rehabilitation Proceedings in Austria

    KEY FACTS OF BANKRUPTCY, INSOLVENCY & REHABILITATION PROCEEDINGS UNDER AUSTRIAN LAW - 1. Introductory Remarks on Austria’s legal system - Austria has a civil law system, as opposed to the common law system of, e.g., the United States or the United Kingdom. Practically all law is codified in statutes. The most important statute in the field of civil law is the Austrian General Civil Code and

  • Sexual Harassment In The Workplace: What Austrian Companies Need To Know

    What constitutes sexual harassment? Sexual harassment is a behavior towards another human being where the abuser harms the dignity of the victim and creates an intimidating, hostile or humiliating working environment. The victim feels shock, horror, fear, revulsion, indignation, anger or shame. Sexual harassment can appear in all forms of verbal abuse, as well as physical actions. Whereas...

  • Austrian Data Protection Authority Weighs In On Erasure By Anonimization

    Forget me yes, part two. Austrian Data Protection Authority holds that a data controller can meet its obligations to satisfy a data subject’s erasure request under GDPR by anonymizing personal data.

  • Establishing A Business Entity In Austria

    1. Introduction - In Austria, any national citizen or foreign national is, in principle, allowed to establish a business. A company is defined as a partnership of at least two persons (exceptions for limited liability companies and joint-stock companies), founded by a legal transaction, who want to achieve a certain purpose through organized cooperation. While one person is sufficient to...

  • FinTech solutions in Green Finance

    In order to deliver on the UN Sustainable Development Goals and the Paris Agreement on Climate Change, it is estimated that around USD 5-7 trillion of sustainable investment is required on an annual basis. The FinTech industry, with its technological agility and emphasis on innovation, has the potential to mobilise both public and private financing to help scale up green investment to meet this...

  • Austrian Data Protection Authority Finds No Claim for Specific Security Measures Under GDPR Article 32

    From time to time, data controllers are confronted with the question of whether data subjects can raise claims for specific security measures against the controller under Article 32 of the EU General Data Protection Regulation (GDPR). These measures can be costly and cumbersome for the controller.

  • Meritas Guide: To Defective Products Litigation in EMEA - Austria

    1. What claims may be brought for liability for defective products? Is liability based on fault/ negligence, or strict liability, or both? Defective product claims may be brought on a contractual basis, in case of negligence and/or under the Consumer Protection Act (“the Act”). The Act gives a right to claim compensation against the producer of a defective product if it has caused damage,...

  • Austrian Academy of Sciences Publishes English Version of Dossier on Nanotechnological Applications for Food Contact Materials

    In July 2018, the Institute of Technology Assessment of the Austrian Academy of Sciences published an English version of Dossier No. 49, “Nanotechnological Applications for Food Contact Materials.” The Dossier concludes that nanomaterials can significantly improve the properties of plastic materials, making nanocomposites “increasingly interesting for manufacturers, especially for food packaging.

  • Uptick in Australian Data Breach Notifications

    Following in the footsteps of numerous countries, including the United States, and the European Union, Australia enacted a mandatory data breach notification law earlier this year. The Notifiable Data Breach (NDB) Scheme under Australia’s Privacy Act of 1988 went into effect on February 22, 2018. The new scheme requires organizations subject to the law to notify individuals and the Office of the...

  • ECJ judgment in Austria Asphalt smooths over a crack in EU merger control

    The creation of a joint venture from a company which was previously solely controlled by one parent is only subject to EU merger control where it is a "full function" joint venture. So ruled the European Court of Justice (ECJ) on 7 September 2017 in Austria Asphalt v Bundeskartellanwalt (Case C-248/16).

  • Consultation paper on the Banking Executive Accountability Regime

    Further to our alert in May 2017, the Government has now released a Consultation Paper on the Banking Executive Accountability Regime (the Regime). We have summarised the key details of the Regime below...

  • Austrian Supreme Court Refers Schrems Consumer Class Action to ECJ

    Just under a year ago today, the European Court of Justice (ECJ) issued its Schrems decision, which invalidated Safe Harbor and led to substantial developments in US-EU data-transfer mechanisms. In parallel to the ECJ Safe Harbor litigation, Mr. Schrems has maintained two further legal proceedings in the EU: (1) a challenge in the Irish courts to EU Standard Contractual Clauses, which permit...

  • Another Bombshell in Munich—Bavarian Government Sold Looted Art to Nazi Families

    Works returned by Monuments Men to Bavaria for restitution to victims instead sold to Nazis’ families - Journalists Catrin Lorch Jörg Häntzschel published this weekend an explosive revelation in Sueddeutsche Zeitung entitled “the Munich Looted Art Bazaar,” supported by the work of the Commission for Looted Art in Europe (CLAE): the government of Bavaria sold artworks returned to it after...

  • Basics of Employment Law in Austria: Part III

    This article is the third in a series which provides an overview of the basics of employment law in Austria and will focus on the legal requirements applicable to employee termination procedures. I. Termination of Employment Contracts - Employment contracts in Austria may be terminated under the following circumstances: The fixed-term of employment as set forth in the contract for employment has...

  • Employment Law in Austria: Part II

    Maternity Leave Protection In accordance with the Maternity Protection Act of 1979 (“Maternity Protection Act”), pregnant women are prohibited from working during the last eight (8) weeks immediately prior to the presumed date of delivery and the eight (8) week period must be calculated based upon a medical certificate provided by the employee’s treating physician.

  • An Austrian Class Action Lawsuit Filed Against Facebook

    Through its Irish subsidiary, Facebook is the target of a major EU class action lawsuit filed in Austria by Maximillian Schrems, the law student who brought forward the CJEU case C-362/14 that invalidated the EU – US Safe Harbor decision, commented on our previous blog post. Since the filing of the claim in August 2014, legal discussions have focused on procedural issues, not on the merits of the

  • The Meritas Guide to Employment Law On A Business Sale in Europe, Middle East and Africa - April 2015: Austria (Updated)

    1. DO EMPLOYEES AUTOMATICALLY TRANSFER TO THE BUYER WHEN A BUSINESS IS SOLD? In Austria, all labour law questions concerning the transfer of business are ruled by the Arbeitsvertragsrecht- Anpassungsgesetz (AVRAG), EU Regulations 77/187/EWG and RL 98/50/EG and the Arbeitsverfassungsgesetz (ArbVG). The AVRAG serves to protect the employee when operations are transferred and notes that a...

  • Basics of Employment Law in Austria: Part I

    Austria, located in the heart of Central Europe, with a population of approximately 8.4 million people, is considered by many to be the ideal place for international employers to do business. It is one of the wealthiest, most politically stable and business friendly countries in Europe with booming markets and transparent laws.

  • ICSID Claim Against Austria Puts Bilateral Investment Treaties Under Spotlight

    On 30 July 2015, the secretary general of the International Centre for Settlement of Investment Disputes (ICSID) registered a request to begin arbitration proceedings against the Republic of Austria. . The request was submitted by B.V. Belegging-Maatschappij Far East (Far East) and claims that the Austrian government breached its obligations under the Austria-Malta bilateral investment treaty (BIT

  • Austria and Luxembourg Will Challenge Hinkley Point C State Aid

    Following an 11-month investigation into UK support for the Hinkley Point C nuclear project, the Commission approved a modified UK support package on 8 October 2014. Austria announced yesterday that it will launch its appeal on Monday 29 June challenging the Commission’s clearance decision before the General Court of the European Union. Luxembourg has stated that it will join Austria’s...

  • Facebook Class Action Lawsuit in Austria

    A class action against Facebook has been filed in Vienna by privacy campaigner and Austrian law graduate Max Schrems, along with 25,000 other users of the social network site. The lawsuit alleges breaches of EU privacy law and mass surveillance.

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