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Work +43 1 522 57 00

Ernst Brandl

Work +43 1 522 57 00
Brandl & Talos Rechtsanwälte GmbH

Work Department

Partner; Areas of practice: Banking and finance, Capital markets, Investment funds.


Ernst focuses on banking, capital markets law and dispute resolution. He advises and represents several leading Austrian banks and financial service providers in arbitrational, judicial and administrative proceedings, mainly in cases of alleged negligent advice in connection with complex financial products. He further advises national and international banks and financial service providers entering the Austrian market and assists foreign investment funds in obtaining licenses from the Austrian Financial Market Authority. Ernst is the author of numerous books and papers on capital markets law, including the "Hand-book on Information Duties in Capital Markets", and is the co-editor of a leading commentary on the Austrian Securities Supervision Act (Manz Verlag, Vienna 2015).


Partner/Attorney-at-law at Brandl & Talos (since 2000), Head of the legal department of the Austrian Securities Authority (Bundes-Wertpapieraufsicht) (1999-2000), Attorney-at-law/Associate at Schönherr Barfuss Torggler & Partner (1995-1999), Research clerk at the Austrian Constitutional Court (1991-1993). Lecturer at law seminars and regularly advice for the Financial Service Provider Division of the Chamber of Commerce, Lecturer at the University of Vienna (since 2007).


German, English.


Vienna Bar Association.


University of Vienna, Faculty of Law (Mag iur 1990; Dr iur 1993), The University of Chicago, The Law School J.W. Fulbright Scholarship (LL.M. 1991), Harvard University, Graduate School of Business Administration (M.B.A.1995).


Banking and finance

Within: Banking and finance

Praised for its 'deep understanding of the industry', Brandl & Talos Rechtsanwälte GmbH's 'responsive and proactive' team advises many of Austria's largest banks but its client roster also includes insurance companies, international financial services providers, investment funds and bank CEOs. With substantial expertise in the regulatory and contentious space, much of its instructions cover banking licensing, compliance, MiFID II and Austria market entry matters, as well as Financial Market Authority proceedings. Practice head Ernst Brandl is 'highly experienced and very knowledgeable'.

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Dispute resolution: commercial litigation

Within: Dispute resolution: commercial litigation

Brandl & Talos Rechtsanwälte GmbH has carved out a strong practice acting for banking and finance sector players in proceedings pertaining to the alleged provision of negligent advice on financial products and closed-end funds, while also handling contentious matters at the intersection of corporate and capital markets law, including those involving white-collar crime allegations. The team, which is led by senior associate Christian Lenz and Ernst Brandl, has deep expertise in proceedings against consumer protection associations.

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Legal Developments in Austria

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to

    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 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

    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.
  • fwp helps find a new mega arena location

    fwp helps find a new mega arena location

    Processing operations subject to the requirement of a data protection impact assessment.
    - Dorda
  • Rien ne va plus!

    - Dorda
  • 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