Unrestricted Access to Company Data in Land Register

Jul 9, 2026 Benn-Ibler Rechtsanwälte

The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) was tasked with determining whether a public-law entity is permitted to restrict access to certain sections of a cooperation agreement maintained within the land register’s document collection. The matter centred on the interpretation of Section 6b of the Austrian Land Register Conversion Act (Grundbuchumstellungsgesetz, hereinafter GUG), which establishes protections for information pertaining to private and family life.

The applicant in the case at hand had entered into a cooperation agreement with the state pertaining to the acquisition of multiple properties and subsequently requested that specific redacted sections of the agreement—particularly those addressing subsidies, financial terms, reporting obligations, and rights of inspection and approval—be exempted from public disclosure. The applicant argued that these provisions included sensitive commercial and financial information unnecessary for the land registry.

The primary emphasis is on safeguarding private and family life

The OGH affirmed the judgments of the lower courts and dismissed the appeal. Pursuant to Section 6b of the GUG, access may be restricted solely when the data pertains to private or family life. This provision should be construed narrowly, as it constitutes an exception to the general principle of public access to the land register.

The Court pointed out that Section 6b of the GUG was introduced in response to the judgment of the European Court of Human Rights (ECHR) in the case of Liebscher v Austria. The aim of the provision was to protect specific personal information – such as details relating to maintenance, custody, or family circumstances – i.e, information irrelevant to the land registry.

No business or financial data recorded

In the view of the OGH, financial or internal company information – such as funding agreements, budget data, or the state’s rights of control – does not fall within the definition of data relating to private or family life. The fact that this information may financially sensitive does not alter this fact.

The OGH therefore did not need to conclusively determine whether legal persons can, in principle, invoke the protection afforded by Section 6b of the GUG. Simply because the specific terms of the contract in question did not constitute data relating to private or family life, there was no basis for restricting access to the register. The principle of public access to the land register thus remains in force.

OGH 5 Ob 121/25t (19 May 2026)