fundamental right to privacy
with
respect to the processing of personal data which entails the right to information,
rectification of incorrect data and removal of unlawfully processed data. It regulates the
pre-conditions for the lawful use and transfer of data, including mandatory notification and
registration obligations with the Data Protection Commission. Furthermore, it provides for
judicial remedy in case of breach of its provisions.
eSignatures/eIdentity Legislation
Electronic Signature Act
(1999)
The Electronic Signature Act (
Signaturgesetz
; SigG) came into force on 1 January 2000,
making Austria the first EU Member State to implement Directive
1999/93/EC
on electronic
signatures. The Act legally recognises electronic signatures satisfying certain security
requirements and provides some evidential value to less secure electronic signatures. The
act was
amended
in 2007. It is complemented by the
Austrian Signature Ordinance
of 2008
(Federal Law Gazette part II No. 3/2008). The
eGovernment Act
regulates the conditions
for the use of electronic signatures in the public sector, as well as for the use of Citizen
Cards and sector-specific personal identifiers.
eCommerce Legislation
eCommerce Act
(2001)
The eCommerce Act (eCommerce
Gesetz
; ECG) which came into force on 1 January 2002
implements Directive
2000/31/EC
on electronic commerce. The Act deals with certain
aspects of Information Society services. According to the Act, such Information Society
services are – inter alia – online-distribution, online-information, online-advertisement,
access services and search engines. The Act is therefore
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