	AI Legislative Guide
	Austria
	(Europe) Firm CERHA HEMPEL Rechtsanwälte GmbH Contributors Mark Krenn Updated 08 May 2026
Has specific legislation, final regulations or other formal regulatory guidance addressing the use of AI in your jurisdiction been implemented (vs reliance on existing legislation around IP, cyber, data privacy, etc.)?	Yes.
Please provide a short summary of the legislation/regulations/guidance and explain how legislators aim to strike the balance between innovation and regulation.	The principal regulatory framework applicable in Austria is the EU Artificial Intelligence Act ("AI Act"), which applies in all EU Member States. The AI Act entered into force on 1 August 2024 and will become applicable in stages. As of 2 February 2025, the provisions concerning prohibited AI practices apply, meaning that prohibited AI systems may no longer be used. In addition, companies are required to ensure a sufficient level of AI literacy among staff involved in the operation and use of AI systems. From 2 August 2025, the obligations applicable to providers of general-purpose AI models under Article 53 of the AI Act will apply, including documentation and information requirements. The relevant penalty provisions concerning prohibited AI practices will also become applicable at that stage. From 2 August 2026, the majority of the remaining provisions of the AI Act will apply, including transparency obligations for certain AI systems and generative AI tools. Certain obligations applicable to high-risk AI systems will become applicable only after an extended transitional period of up to 36 months. The AI Act follows a risk-based approach and seeks to balance innovation and regulation by imposing the strictest obligations only on AI systems considered to present heightened risks to health, safety or fundamental rights. Austria has not enacted a standalone national AI statute to date. Depending on the specific use case, existing Austrian and EU legislation, in particular in the areas of data protection, cybersecurity, product safety, intellectual property and foreign investment control, may also be relevant.
Which agency regulates the use of AI in your jurisdiction?	Austria does not currently have a single authority exclusively responsible for the regulation of AI. At the EU level, the European Commission and the AI Office established under the AI Act will have an important supervisory and coordinating role, particularly in relation to general-purpose AI models. At national level, Austria is required to designate the competent authorities responsible for market surveillance and enforcement under the AI Act. Depending on the sector and use case, other existing authorities may also become relevant, including data protection, consumer protection, financial market, or telecommunications regulators.

AI Legislative Guide

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Has specific legislation, final regulations or other formal regulatory guidance addressing the use of AI in your jurisdiction been implemented (vs reliance on existing legislation around IP, cyber, data privacy, etc.)?

Yes.

Please provide a short summary of the legislation/regulations/guidance and explain how legislators aim to strike the balance between innovation and regulation.

The principal regulatory framework applicable in Austria is the EU Artificial Intelligence Act ("AI Act"), which applies in all EU Member States. The AI Act entered into force on 1 August 2024 and will become applicable in stages. As of 2 February 2025, the provisions concerning prohibited AI practices apply, meaning that prohibited AI systems may no longer be used. In addition, companies are required to ensure a sufficient level of AI literacy among staff involved in the operation and use of AI systems. From 2 August 2025, the obligations applicable to providers of general-purpose AI models under Article 53 of the AI Act will apply, including documentation and information requirements. The relevant penalty provisions concerning prohibited AI practices will also become applicable at that stage. From 2 August 2026, the majority of the remaining provisions of the AI Act will apply, including transparency obligations for certain AI systems and generative AI tools. Certain obligations applicable to high-risk AI systems will become applicable only after an extended transitional period of up to 36 months. The AI Act follows a risk-based approach and seeks to balance innovation and regulation by imposing the strictest obligations only on AI systems considered to present heightened risks to health, safety or fundamental rights. Austria has not enacted a standalone national AI statute to date. Depending on the specific use case, existing Austrian and EU legislation, in particular in the areas of data protection, cybersecurity, product safety, intellectual property and foreign investment control, may also be relevant.

Which agency regulates the use of AI in your jurisdiction?

Austria does not currently have a single authority exclusively responsible for the regulation of AI. At the EU level, the European Commission and the AI Office established under the AI Act will have an important supervisory and coordinating role, particularly in relation to general-purpose AI models. At national level, Austria is required to designate the competent authorities responsible for market surveillance and enforcement under the AI Act. Depending on the sector and use case, other existing authorities may also become relevant, including data protection, consumer protection, financial market, or telecommunications regulators.