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Artificial Intelligence · Austria

AI regulation in Austria: the EU AI Act (2026)

Comprehensive lawCountry index 90 · A+

Austria shaded by its artificial intelligence status

AI in Austria: comprehensive law.

FrameworkEU AI Act (Regulation (EU) 2024/1689), directly applicable; supplemented nationally by the KI-Servicestelle at RTR (KommAustria-Gesetz §20c / TKG 2021 §194a), the Austrian Data Protection Authority (DSB), and the AIM AT 2030 national strategy

As an EU member state, Austria is governed by the EU AI Act, which entered into force on 1 August 2024 with staged application (prohibitions from 2 February 2025, GPAI obligations from 2 August 2025, high-risk system rules by 2026/2027). Nationally, Austria has established the KI-Servicestelle (AI Service Desk) and KI-Beirat (AI Advisory Board) at telecom regulator RTR as the information and coordination hub, while the Datenschutzbehörde has claimed market-surveillance competence for biometric AI used in law enforcement; a full national implementation act naming all AI Act competent authorities is still pending. Austria also pursues a strategic layer through the AIM AT 2030 strategy and the Digital Austria Act 2.0 (adopted 2025), which prioritise trustworthy AI and digital sovereignty in the public sector.

The EU AI Act in Austria

In Austria, artificial intelligence is governed by the EU AI Act, the first comprehensive AI law, which applies directly as an EU regulation.

Framework
the EU AI Act (Regulation (EU) 2024/1689)
Approach
risk-based: unacceptable-risk AI is banned, high-risk AI faces strict duties, limited-risk AI has transparency rules
General-purpose AI
transparency duties for all GPAI models; systemic-risk models add safety and evaluation obligations
Timeline
phased: prohibitions from Feb 2025, GPAI rules from Aug 2025, most high-risk obligations from Aug 2026
Maximum fine
€35 million or 7% of global annual turnover for prohibited-AI breaches
Oversight
national market-surveillance authorities, coordinated by the EU AI Office

The AI Act is an EU regulation applied directly in Austria; national market-surveillance authorities handle enforcement.

The EU AI Act in Austria: FAQ

Does the EU AI Act apply in Austria?

Yes. As an EU member, Austria is covered by the EU AI Act (Regulation (EU) 2024/1689), which applies directly.

What does the EU AI Act regulate in Austria?

It uses a risk-based approach: unacceptable-risk AI is banned, high-risk AI faces strict obligations, and general-purpose AI models carry transparency duties.

When does the EU AI Act take effect in Austria?

It is phased: prohibitions applied from February 2025, general-purpose-AI rules from August 2025, and most high-risk obligations from August 2026.

What are the penalties under the EU AI Act in Austria?

Up to €35 million or 7% of global annual turnover for breaching the prohibited-AI rules, with lower tiers for other breaches.

Key points

EU AI Act as the primary framework

Regulation (EU) 2024/1689 applies directly in Austria. Prohibited practices have applied since 2 February 2025 and general-purpose AI model obligations since 2 August 2025; high-risk AI system rules under Annex III apply from 2 August 2026, with the remaining high-risk regime by 2 August 2027.

KI-Servicestelle at RTR

The KI-Servicestelle (AI Service Desk) at the RTR is Austria's designated national contact point and competence centre for AI, legally anchored in KommAustria-Gesetz §20c and TKG 2021 §194a, and is being built up as the intended national AI authority for future market surveillance under the AI Act.

AI Advisory Board (KI-Beirat)

An eleven-member independent expert body established under the same 2023 statutory amendments and constituted on 28 February 2024, advising the federal government and RTR on technical, ethical and societal AI issues.

Data Protection Authority role

The Austrian Datenschutzbehörde (DSB) has asserted exclusive market-surveillance competence for high-risk AI systems used for biometric identification in law enforcement (Annex III point 1) and has published FAQs on AI/GDPR interaction, reflecting the GDPR baseline that continues to apply to AI systems.

National AI strategy: AIM AT 2030

The Artificial Intelligence Mission Austria 2030 (AIM AT 2030), published in 2021 and tracked by the OECD.AI observatory, sets Austria's human-centred, trustworthy-AI strategy with three goals: broad common-good deployment, positioning Austria as an AI innovation hub, and safeguarding competitiveness.

Digital Austria Act 2.0 and sovereignty layer

Adopted in late 2025, the Digital Austria Act 2.0 introduces a 'Sovereignty Compass' for public-sector IT and AI procurement, prioritising open-source and European alternatives, and sets a 1 July 2026 deadline for connecting federal registers to the Austrian Micro Data Center.

Timeline - major decisions & events

Sep 1, 2025guidanceofficial
Austria's AI Service Desk becomes operational market-surveillance authority

The KI-Servicestelle at telecom/broadcasting regulator RTR transitioned into one of the EU's first operational AI market-surveillance bodies, moving Austria from an advisory posture to active EU AI Act oversight.

RTR (KI-Servicestelle)
Aug 2, 2025lawofficial
EU AI Act rules on general-purpose AI apply; national authority deadline

Obligations for general-purpose AI models began applying in Austria, and the EU deadline for member states to designate national competent authorities took effect, anchoring Austria's enforcement architecture around RTR.

RTR (KI-Servicestelle)
Aug 1, 2024lawofficial
EU AI Act enters into force

The EU's risk-based AI Regulation entered into force, becoming the binding framework that governs AI in Austria and triggering the staggered national application deadlines.

European Commission
Mar 1, 2024lawofficial
KI-Servicestelle and KI-Beirat established at RTR

Statutory amendments (BGBl. I Nr. 6/2024 amending the KommAustria-Gesetz §20c and TKG 2021 §194a) created the AI Service Desk and an 11-member AI Advisory Board within RTR as Austria's central AI competence and advisory hub.

RTR (KI-Servicestelle)
May 10, 2023enforcementofficial
Austrian DPA rules Clearview AI facial recognition unlawful

The Datenschutzbehörde found Clearview AI's scraping of facial images and biometric profiling breached GDPR Articles 5, 6, 9 and 27, ordering deletion of the complainant's data, an early Austrian limit on AI-driven biometric surveillance (though no fine was issued).

EDPB
Aug 1, 2021guidanceofficial
Austria adopts AIM AT 2030 national AI strategy

The Federal Government adopted the Artificial Intelligence Mission Austria 2030 strategy, setting goals of common-good AI use, positioning Austria as an AI innovation hub, and securing competitiveness, the policy foundation later operationalized for the EU AI Act.

European Commission (Digital Skills & Jobs)
Nov 1, 2018guidanceofficial
Robotics Council publishes white paper on shaping Austria's AI future

The Austrian Council on Robotics and AI (ACRAI) released 'Shaping the future of Austria with robotics and artificial intelligence,' offering policy recommendations on smart governance, innovation and regulation that fed into the national strategy.

ACRAI
Aug 1, 2017guidanceofficial
Austrian Council on Robotics and AI (ACRAI) established

The Ministry for Transport, Innovation and Technology set up an expert advisory council on robotics and AI, tasked with advising government and helping develop Austria's first national AI strategy, the institutional starting point of Austrian AI governance.

European Commission (AI Watch)

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