Austria

The EU Pay Transparency Directive (Directive (EU) 2023/970) entered into force on 7 June 2023 and must be transposed by all Member States by 7 June 2026. The Directive aims to close the gender pay gap throughout the EU by introducing detailed transparency and reporting requirements, as well as stronger enforcement mechanisms. A. Key Objectives and Scope The Directive aims to eliminate gender-based pay discrimination by requiring greater transparency in remuneration structures and strengthening employee rights to access pay information. It applies to all employers in both the public and private sectors and covers all individuals in an employment relationship under national law, including part-time, fixed-term, temporary agency, and platform workers. The Directive also strengthens the rights to job applicants during the recruitment process. B. Core Transparency Measures Pay transparency before employment. Employers will need to inform job applicants of the initial pay or pay range for a position prior to interviews or employment offers. Job titles and job advertisements must be gender-neutral, and during the application process employers may no longer ask candidates about their current or past remuneration. Transparency of pay structures. Employers must make available to employees the criteria used to determine pay levels and pay progression. These criteria must be objective, gender-neutral, and accessible. Individual right to information. Employees will have the right to request information about their individual pay level and the average pay levels, broken down by sex, for categories of workers performing the same or equivalent work. Employers must provide this information at the latest within two months of a request and may not prevent employees from sharing their pay information for the purpose of enforcing equal pay rights. C. Reporting and Joint Pay Assessments Employers with 100 or more employees will be required to publish data on gender pay gaps: Employers with 250 or more employees: annual reporting from 2027. Employers with 150–249 employees: every three years from 2027. Employers with 100–149 employees: every three years from 2031. Reports must include, amongst others, data on overall and median pay gaps, variable remuneration, the proportion of women and men in each pay quartile, as well as the gender pay gap within each category of workers. A category of workers includes individuals performing the same work or work of equal value, whereas the value of work is determined based on skills, effort, responsibility and working conditions, and, if appropriate, other job-specific factors. Where reporting reveals an unjustified gender pay gap of 5% or more within any category of workers that is not remedied within six months, employers must conduct a joint pay assessment with employee representatives to identify causes and implement corrective measures. D. Enforcement and Sanctions Member States must ensure effective remedies for workers, including full compensation for discrimination-related losses and damages. The burden of proof will shift to employers in cases where pay systems lack transparency or required reporting has not been carried out. National authorities will be empowered to impose effective, proportionate, and dissuasive penalties — including fines and, potentially, exclusion from public procurement procedures. E. Preparing for Implementation Although Austria and several other Member States have not yet transposed the Directive, companies can already take proactive steps to prepare. Employers should: Develop or review internal remuneration systems that ensure equal pay for equal work or work of equal value. Integrate transparency obligations into recruitment and HR processes, ensuring compliance with restrictions on pay history questions and gender-neutral job advertising. Assess data readiness for future pay gap reporting obligations and establish internal mechanisms for data collection and validation. Conduct an internal trial review to identify potential pay gaps of 5% or more and take corrective action early to avoid future compliance risks. F. Outlook In Austria, employers are already subject to certain transparency requirements. Companies that permanently employ at least 150 employees must prepare an income report every two years. The report must show (i) the numbers of women and men in each classification group under the applicable collective bargaining agreement or company-internal salary scheme (if applicable), (ii) the numbers by group years if available, and (iii) the average or median remuneration of women and men in those groups. The report must be anonymised and submitted to employee representation bodies or, in absence thereof, made available to employees. Reporting and transparency requirements under the Directive will be significantly more granular than the ones currently in force in Austria. The Directive signals a paradigm shift in pay transparency and equality. With the transposition deadline approaching in June 2026, early preparation will be essential for companies to meet these new transparency obligations. Author: Florina Thenmayr

E+H advised Wien Energie as lead counsel on the acquisition of all shares in the ImWind Group, a leading Austrian developer of wind and photovoltaic projects. The ImWind Group operates 52 wind turbines in 14 wind farms and four photovoltaic plants in Austria, Germany, and Italy. Including projects it has in the pipeline, its wind energy and photovoltaic projects can produce more than 2 TWh annually. This transaction lays the foundation for a sustainable and stable future energy supply in Vienna and Austria. By 2030, renewable electricity capacity is expected to grow to around 1,800 megawatts, enough to meet the projected average need of all Viennese households with green electricity. A further expansion to 2,800 megawatts is planned by 2040, which will enable the entire Vienna transport sector, including the subway, trams, electric buses, and electric cars, to be powered by renewable energy (based on projected average use). "We are delighted to have provided legal support to Wien Energie in this strategically important transaction," says Marco Steiner, partner at E+H and head of the specialized "Energy & Infrastructure" practice group, who led the transaction.   E+H team Lead: Marco Steiner (partner, Corporate + M&A) and Christoph Lejsek (partner, Corporate + M&A) Further: Peter Winkler (partner, Corporate + M&A), Christopher Engel (partner, Corporate + M&A, Real Estate), Peter Herzog (attorney, Corporate + M&A), Matthias Pallisch (associate, Corporate + M&A), Oliver Teichert (associate, Corporate + M&A), Dieter Thalhammer (partner, Antitrust & Competition), William Redl (partner, Antitrust & Competition), Jana Eichmeyer (partner, Employment Law), Theresa Weiss-Dorer (attorney, Employment Law), Marcus Benes (partner, Banking + Finance), Julian Tatschl (associate, Banking + Finance), Georg Knafl (partner, Public Law), Vessela Anastassova (associate, Public Law), Sonia Havlikova (associate, Public Law). The sellers were advised by Schönherr Rechtsanwälte (lead partner Alexander Popp). Marco Steiner & Christoph Lejsek _________________________________________________________________________________   E+H is an international commercial law firm with offices in Vienna, Graz, and Brussels that takes legal advice to the next level. The firm regularly receives awards and top spots in international rankings and directories, such as Chambers & Partners Global & Europe, Legal 500, JUVE, and Mergermarket. www.eh.at       Questions & Contact Radostina Reiter Head of Marketing & Communication E+H Rechtsanwälte GmbH +43 676 8364 359 | [email protected]

E+H advised FLEX Capital on the acquisition of Evo IT GmbH, a well-established custom-software developer headquartered in Vienna with additional sites in Zurich and Poprad (Slovakia). Evo IT operates under the brands Evolit and Evol.X and has built a reputation as a reliable IT services partner for demanding sectors such as mobility, energy, critical infrastructure, the public sector, real estate and industry in the DACH region. Combining technological excellence with practical, business-driven development, Evo IT under the Evolit brand delivers end-to-end bespoke software spanning consulting, development, operations and maintenance and through Evol.X crafts digital customer experiences using customized CRM and marketing automation on leading platforms. FLEX Capital is a rapidly growing private equity fund founded by successful entrepreneurs that invests in profitable and growing companies in the German internet and software mid-market. Under the leadership of partner Dr. Philipp Schrader, an interdisciplinary E+H team supported the international law firm Dechert (private equity partner Dominik Stühler, counsel Tobias Hugo, and associate Adriana Worms) as Austrian counsel. E+H Team Lead: Dr. Philipp Schrader (Partner, Corporate + M&A) Further: Georg Knafl (Partner, Public Law), Dr. Helmut Liebel (Partner, IP/IT), Franziska Egger (Attorney-at-Law, Employment Law), Hannah Kercz (Attorney-at-Law, IP/IT), Karin Köller (Attorney-at-Law, Employment Law), Felix Hohenthanner (Associate, IP/IT), Sonia Havlikova (Associate, Public Law), Yvonne Wohlmuth (Associate, Corporate + M&A), Lea Anna Ranftl (Associate, Employment Law) E+H is an international commercial law firm with offices in Vienna, Graz and Brussels that takes legal advice to the next level. The firm regularly receives awards and top spots in international rankings and directories, such as Chambers & Partners Global & Europe, Legal 500, JUVE, and Mergermarket. www.eh.at Inquiries & Contact Radostina Reiter Head of Marketing & Communication E+H Rechtsanwälte GmbH +43 676 8364 359 | [email protected]  

E+H is pleased to announce the expansion of its IP/IT + Competition Law practice group with the addition of Gernot Fritz as partner and Tanja Pfleger as attorney. Gernot Fritz (Partner) Gernot Fritz is one of Austria's leading experts on the legal challenges surrounding artificial intelligence, data commercialization, data protection, technological innovations, and digital regulation, and has industry expertise in the technology, automotive, life sciences, and telecommunications industries. His practice-oriented approach to consulting covers regulatory issues and complex transactions, carve-outs, outsourcing, integrations, and contract drafting. With his interdisciplinary education, Gernot Fritz combines legal expertise with technical knowledge at the highest level. His educational background includes a bachelor's degree in software and information engineering and a master's degree in computational intelligence from the Vienna University of Technology, in addition to his legal studies, which he also completed in Vienna (Dr. iur.). Before joining E+H, Gernot Fritz worked as counsel at the international law firm Freshfields in the Tech, Data, and Commercial practice group. "I am very pleased to now be part of E+H and to work with a dynamic and highly qualified team to develop innovative solutions for our clients. Especially in times of rapid digital change, it is crucial to combine legal advice and technical understanding," says Gernot Fritz. Tanja Pfleger (attorney, permanent substitute) Tanja Pfleger has practiced in the areas of data protection law, EU data and digital regulation, IT law, and commercial law for many years. She provides clients with comprehensive advice on complex transactions, projects, and proceedings before the data protection authorities. She also specializes in implementing AI and legal tech solutions, particularly in projects that span across multiple jurisdictions. Her law degree is from the Johannes Kepler University, Linz. Before joining E+H, she worked as an associate at the international law firm Freshfields in the Tech, Data and Commercial department. "I am very pleased to now be able to contribute my experience in data protection law, EU digital regulation, and IT contract law as a permanent substitute at E+H and to work with such a powerful team," said Tanja Pfleger about her move to E+H. Dr. Andreas Zellhofer, partner at E+H and head of the IP/IT + Competition Law practice group said: "We are very pleased to welcome Gernot Fritz and Tanja Pfleger as new team members. With these high-caliber additions to our team, we are further expanding our position in one of the most promising areas of law. Gernot and Tanja will significantly enrich our team with their expertise." ________________________________________________________________________________ E+H is an international commercial law firm with offices in Vienna, Graz, and Brussels that takes legal advice to the next level. The firm regularly receives awards and top spots in international rankings and directories, such as Chambers & Partners Global & Europe, Legal 500, JUVE, and Mergermarket. www.eh.at Questions & Contact Radostina Reiter Head of Marketing & Communication E+H Rechtsanwälte GmbH +43 676 8364 359 | [email protected]