Guide to launching a website in Austria
- Keith Davies
- Apr 5, 2023
- 4 min read
Updated: Apr 8, 2023
Question
It is very easy to set up a website or an online presence in Austria, but what things do I need to consider?
Introduction
There is a clear difference between a purely personal website (e.g. a blog) and one that is being set up on a commercial basis.
However, if the personal website is capturing personal information and/or sending out regular newsletters; it too may need to follow additional requirements.
Questions to Ask Yourself
There are a few things you should ask yourself BEFORE you set up a website:
Is this a purely personal website or is it planned to be a commercial venture?
Where is my target audience/customer based (which countries)?
Am I capturing any personal data (this can include IP addresses)?
Am I sending out regular newsletters (more than 4 times a year)?
Will I be using Cookies? (And if not, will my website host be using cookies?)
Where am I based?
What do I need?
Firstly, you need a domain which uniquely identifies you on the internet. Austrian domains end with “.at” but you can use other domain endings (e.g. com, .net, .org, .eu etc, etc). In addition to that you need a hosting provider and website content. The answers to the questions above will help determine any additional requirements for your website. Below are some items that may be required:
Item | Comments |
| Requirement for all websites in the EU |
2. Impressum | Requirement for Austrian websites of a commercial nature and/or where newsletters are regularly sent out (more than 4 times a year) |
3. Cookie policy | Can be included in the Privacy Policy, but if your website has cookies and is based in the EU, then you may need something to manage these (e.g. Cookie Manager) Note: Wordpress sites will most likely use cookies. |
4. Terms and conditions | If you are an online shop, you will need this. |
Note: For some Domains there are restrictions (e.g. For a .eu domain, you have to live in the EU, Iceland, Liechtenstein or Norway or have an EU presence)
Regulations Overview
There are numerous data processing regulations around the world (e.g. EU, Canada, Brazil, the UK, India, California and Israel) but the main ones for Austria are the EU regulations AND Austria’s own regulations. Possibly the most important of the EU regulations are the General Data Protection Regulation (GDPR) and the ePrivacy Directive (Cookie usage, email marketing, data minimisation).
All companies in Austria operating a website are subject to the information obligations of the E-Commerce Act (ECG) and the Corporate Code (UGB) or the Trade Regulation (GewO) as well as the disclosure requirement in accordance with the Media Act.
Austria’s Impressum (Imprint) Regulations
Austria, like a number of other countries in Europe (e.g. Germany, Switzerland) has additional requirements over and above the standard EU GDPR and ePrivacy Directive.
There are links below regarding Austria’s Impressum regulations but the main thing to note is if you are running a commercial website targeting Austrian consumers, you cannot hide behind Domain Privacy Notices. The website must state clearly who you are and that extends beyond an email address and a telephone number. There are legal consequences to not following these regulations.
Importantly, a website Impressum should be easy to access and should not be hidden. The content should be regularly updated to reflect any changes.
Data Processing
If the data is being transferred outside of the EU you need to check that the Third Country offers an adequate level of protection as defined by the European Commission “Adequacy Decision”. The European Commission has so far recognised Andorra, Argentina, Canada (commercial organisations), Faroe Islands, Guernsey, Israel, Isle of Man, Japan, Jersey, New Zealand, Republic of Korea, Switzerland, the United Kingdom under the GDPR and the LED, and Uruguay as providing adequate protection.
Data processing in jurisdictions outside of these countries may require addition safeguards.
Austrian Data Protection Authority
The Austrian Data Protection Authority is the national supervisory authority for data protection in the Republic of Austria. If you are based in Austria, then you should reference them in your Privacy Policy.
Other Countries
If you are targeting customers in different countries you need to check what the data processing requirements are for those countries. Other notable privacy regulations include the following:
CCPA – California Consumer Privacy Act
LGPD - Brazilian General Data Protection Law
UK DPA – UK Data Protection Act.
POPIA - South Africa
PIPEDA - Canada
General Privacy Guidelines - United States
Privacy Act 1988 - Australia
CNIL – Commission Nationale Informatique & Libertés, is the French Data Protection Agency
Hosting Provider
Bearing in mind the information above you should use a hosting provider which is based where most of your target audience/customers are. If your target audience is Austria, you should use a hosting provider based in the EU.
We do not recommend any specific hosting provider, but some are listed below.
Additional Support
The WKO has a number of templates for people to use and they are also able to offer advice. In addition, the Welcome Services in several Austrian provinces (see below) can assist Business start-ups.
The Self-Employed in Austria group also has people with lots of experience in these matters.
Caution
*** Beware companies/people offering get-rich-quick template online business presences! These can be Multi-level Marketing Schemes (MLM).
Useful Links
Legal regulations
Tools to help with website compliance
Web hosting providers
Other useful links
Disclaimers: The information here is provided mainly as an overview, if you are setting up a business in Austria, please seek professional advice. The Information should not be used as a substitute for legal advice from a licensed professional.
