Material and territorial scope of Austrian data protection law

The provisions of the DSG are to be applied to the use of personal data domestically in Austria.

Additionally, the DSG is to be applied to the use of data abroad, provided that such use is made in another Member States of the European Union for the purposes of a controller’s primary or branch office located in Austria.

Derogating from these provisions, the law of the state where the controller is located shall apply to data processing in Austria if a controller of the private sector located in another Member State of the European Union uses personal data in Austria for a purpose that cannot be ascribed to any of the controller’s establishments in Austria.

Furthermore, federal law is not to be applied insofar as personal data are only transmitted domestically in Austria.