Proposed Communication Platforms Act, Part 2: Up to EUR 10 million fine for violation of the obligation to remove illegal content

Nov 6, 2020 Benn-Ibler Rechtsanwälte

In addition to the obligations to immediately remove illegal content etc., the draft of the Communication Platforms Act (Kommunikationsplattformen-Gesetz, KoPl-G) also provides for high penalties for violation of the regulations.

Fines of up to EUR 10 million can be imposed on the provider for violations of the obligations arising from the act. When assessing the fine, the financial strength of the provider, the number of registered users of the platform and previous violations are to be taken into account in particular (Sec. 10 (2)).

The platforms are required to appoint a responsible representative (Sec. 9 (4) of the Austrian Administrative Criminal Code, (Verwaltungsstrafgesetz)) to ensure their availability and to inform KommAustria as the supervisory authority. If no responsible party is appointed and if the provider does not have a branch office or a permanent establishment in Austria, notifications are filed with the supervisory authority. The provider is notified of the deposit on the supervisory authority's web site. Upon publication of the notification on the website, deposited documents shall be deemed delivered (Sec. 6 (1-3) KoPI-G).

The notices will be enforced in accordance with the provisions of the Administrative Enforcement Act (Verwaltungsvollstreckungsgesetz). However, if the provider does not have a registered office, branch office or permanent establishment in Austria, fines can also be enforced in such a way that known debtors of the provider - if they have a regular business relationship with the provider for the purpose of marketing or selling commercial communication (especially marketing agencies) - are prohibited by notice from paying to the provider or an affiliated company. The debtor is thereby released from paying the provider and has to transfer the amount to the supervisory authority. If the amounts thus received are higher than the fine imposed, the remaining amount shall be paid to the provider (Sec. 6 (4)).

In addition, depending on their size, the platforms are required to produce an annual or quarterly report on how they deal with reports of alleged illegal content.

Federal Chancellery (Bundeskanzleramt), ministerial draft (03 September 2020)