The Legal 500

Legal Developments in Austria

• THE NATIONAL REGULATION ON THE SECURITY OF "NIS" IN AUSTRIA SHOULD BE OF INTEREST TO YOU

  Good things come to those who wait? Finally, the main implementing regulation for the Austrian Law on Network and Information System Security ( Netz- und Informationssystemsicherheitsgesetz , " NISG ") was published last week. It serves primarily to define which companies are actually affected by the NISG. Now it is getting serious for the operators of " essential services ". What does that mean?
  - Dorda

• "BLACK FRIDAY" - NOW FREELY USABLE FOR PROMOTIONS IN AUSTRIA

  Black Friday is unquestionable one of the most profitable and busiest days of the year for retail, particularly online. Worldwide almost all online store do offer sales or special promotions on Black Friday or Cyber Monday. Already after this practice has established online, a trademark for " BLACK FRIDAY " was registered in Germany back in 2013. In 2016 a Chinese company acquired the trademark and then filed in 2017 for its extension to Austria. Based on the registered trademark, it granted exclusive rights to an Austrian company, which licensed usage rights to various partner stores against remuneration. Further, an exclusive " Black Friday-Cooperation Program " was established. Non-partners who used the event name or trademark were prosecuted and requested to either pay a license fee or refrain from running Black Friday promotions. Some followed the request and entered into license agreements. Some, however, did challenge the validity of the trademark. Finally, respective proceedings to check the actual protection of the trademark were initiated. Austrian courts now held that the trademark " BLACK FRIDAY " is not protected in Austria .
  - Dorda

• AUSTRIA: ANONYMISATION ACCEPTED AS VALID DATA DELETION METHOD

  On 5th December 2018, the Austrian data protection authority ( Datenschutzbehörde , "DSB") issued a decision (DSB-D123.270/0009-DSB/2018) on data subject's right to data deletion according to Art 17 GDPR. In a nutshell, the DSB accepted consistent anonymisation as a valid alternative to physical and technical deletion. Beside the clear statement that anonymous data is not subject to the GDPR, the DSB provided detailed information on (technical) requirements of anonymisation methods:
  - Dorda

• Consent or pay – a valid scheme under the GDPR?

  Media companies throughout Europe struggle with a difficult economic environment: Shrinking sales figures for print products, the digitalisation and consumer demand force publishers to offer their content also on the internet. However, generating money for online publications is not quite easy as – at least in Austria – online subscription against renumeration has not been well accepted by customers. This partially has its root in the lack of suitable micropayment means in the past and users thus getting acquainted to online information being offered for free. Thus, publishers have instead focused on financing their platforms by online marketing activities such as placement of banners. Nowadays such digital advertisement is usually targeted to the specific user. For this purpose, cookies are stored on the user's computer upon his first visit of the website, which then collect data about his location, technical equipment used and online behaviour. This finally allows to display specific, user targeted advertisements. However, such cookies may cause issues with applicable consent requirements under the telecommunication and data protection regulations:
  - Dorda

• fwp expands know-how thanks to new junior partner

  Vienna, March 2019. Fellner Wratzfeld & Partner GmbH (fwp) adds valuable competence and expertise to the team by welcoming Pavel Bachleda in its midst as a new attorney-at-law and junior partner.
  - Fellner Wratzfeld & Partners

• fwp helps find a new mega arena location

  fwp helps find a new mega arena location
  - Fellner Wratzfeld & Partners

• AUSTRIAN DATA PROTECTION AUTHORITY ISSUED THE "BLACK LIST"

  Processing operations subject to the requirement of a data protection impact assessment.
  - Dorda

• Rien ne va plus!

   
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• DORDA advises on the acquisition of Austrian office properties Denk Drei

  Stefan Artner , Partner and Head of the Real Estate Practice Group, and real estate attorney Klaus Pfeiffer of DORDA advised Austrian Real Estate Development GmbH ( ARE , a subsidiary of Bundesimmobilien-Gesellschaft, the Austrian privatization agency) on the acquisition of the Denk Drei office properties from IC Development . The successful closing of the forward purchase transaction took place on April 30, 2018. The parties have agreed not to disclose the purchase price.
  - Dorda

• Austrian "White List"

  Exceptions from the OBLIGATION TO CARRY OUT A data protection impact assessment
  - Dorda