Yes, web scraping is legal in Austria under specific conditions, but it is tightly constrained by EU and domestic data protection laws. Automated data extraction may comply if it avoids personal data or respects website terms, yet the Austrian Data Protection Authority (DSB) and the European Data Protection Board (EDPB) scrutinize practices under GDPR and the Austrian E-Commerce Act.
Key Regulations for Web Scraping in Austria
- GDPR Compliance: Scraping personal data without a lawful basis (e.g., consent, legitimate interest) violates Articles 5-6 of the GDPR. The DSB has fined entities for unauthorized collection of user data via scraping.
- E-Commerce Act (§ 13 ECG): Automated requests must not disrupt services or contravene website terms. Unauthorized scraping may constitute unfair competition under § 1 UWG if it harms market fairness.
- Copyright Directive (EU 2019/770): Extracting copyrighted content without permission breaches Austrian Urheberrechtsgesetz (UrhG), particularly for dynamic or protected data.
Recent 2026 amendments to the Austrian Telecommunications Act (TKG) introduce stricter rules on automated data processing, requiring prior impact assessments for large-scale scraping. Courts increasingly align with EDPB guidance, emphasizing transparency and data minimization. Businesses must document lawful bases and implement technical safeguards to mitigate risks.