• JD Supra Austria

Publisher:
JD Supra
Publication date:
2019-04-29

Latest documents

  • 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 in the field of commercial law it is the Austrian Code of Commerce...
 
 Please see full Chapter below for more information.

  • 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 physical actions are always forbidden, verbal or also nonverbal abuses are not punished if they don’t happen at the workplace. Ordering someone to harass someone is a form of sexual harassment as well as discriminating someone because of their sexual orientation or sex in general...
 
 Please see full Chapter below for more information.

  • 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 establish a limited company (Kapitalgesellschaft), at least two persons are necessary to form a partnership entity (Personengesellschaft). A business operated by a single natural person with full personal liability (i.e. without any further partners or shareholders) is referred to as a sole proprietorship (Einzelunternehmen)....
 
 Please see full Chapter below for more information.

  • 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 goal.

  • 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, death or injury. The Act provides a liability claim for defective products making the producer of that product liable for any damage caused. A product in the meaning of the Act is only a physical movable item even if it was put into a stationary item.
 
 Please see full Chapter below for more information.

  • 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 Australian Information Commissioner (Commissioner) in the event of a data breach of personal information (PI) that may result in serious harm to an individual. The NBD Scheme applies to all eligible data breaches occurring on or after February 22, 2018. Not surprisingly, the new mandatory notification scheme has resulted in an uptick in Australian data breach notifications that is expected to grow.

Featured documents

  • 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....

  • 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....

  • 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...

  • 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...

  • 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,...

  • 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 ...

  • 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....

  • 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...

  • 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 ...

  • 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...