Law note · Austria

GDPR Chapter V, Cross-Border Transfer of Personal Data from Austria

cite Regulation (EU) 2016/679, Arts. 44-49 stage In effect since 2018-05-25 reviewed 2026-08-24

Transferring personal data of a person in Austria outside the European Economic Area requires a European Commission adequacy decision, Standard Contractual Clauses, Binding Corporate Rules, or a narrow Article 49 derogation, backed by the highest Article 83(5) fine tier (up to EUR 20 million or 4 percent of global turnover). This is a real, structured condition on outbound transfer, not an absence of restriction. No Austria-specific derogation from this framework was identified.

What it asks of an app

  • Rely on a European Commission adequacy decision, Standard Contractual Clauses with a transfer impact assessment, Binding Corporate Rules, or a narrow Article 49 derogation before moving personal data of a person in Austria outside the European Economic Area.

When LexLint raises it

Declared activities: crawls_web, trains_models, deploys_chatbot, automated_outreach, processes_voice, processes_biometrics

Primary source: Official Journal text, EUR-Lex, Regulation (EU) 2016/679

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