INTRA/ATAustria
What the record establishes for Austria, measure by measure, and what each source requires of the measure it governs.
| Control | Source | What it establishes | Prerequisite or recommendation |
|---|---|---|---|
| 16Mandatory | |||
| BA002/ATIndividual risk assessmentMandatory | Arbeitsverfassungsgesetz, sections 96 and 96aNationalrat · read 29 Aug 2026 | That a control measure touching human dignity has no legal effect without the works council’s consent, and that consent for automated processing and for assessment systems can be replaced by a conciliation board while consent under section 96 cannot. | A system for assessing employees needs the works council’s consent where it gathers data the operational use does not justify, and here the consent can be replaced by a decision of the conciliation board. |
| BA008/ATDeployment of an algorithmic system in employmentMandatory | Arbeitsverfassungsgesetz, sections 96 and 96aNationalrat · read 29 Aug 2026 | That a control measure touching human dignity has no legal effect without the works council’s consent, and that consent for automated processing and for assessment systems can be replaced by a conciliation board while consent under section 96 cannot. | A system for the automated collection, processing, and transmission of a worker’s personal data beyond general particulars and qualifications needs the works council’s consent, unless what is done with the data goes no further than obligations arising from statute, collective norms, or the contract. |
| CP001/ATDisciplinary action on monitoring evidenceMandatory | Arbeitsverfassungsgesetz, sections 96 and 96aNationalrat · read 29 Aug 2026 | That a control measure touching human dignity has no legal effect without the works council’s consent, and that consent for automated processing and for assessment systems can be replaced by a conciliation board while consent under section 96 cannot. | A workplace disciplinary code has no legal effect without the works council’s consent, so what may follow from what the program observed is settled with the workforce before any case arises. |
| DP007/ATData loss prevention deploymentMandatory | Arbeitsverfassungsgesetz, sections 96 and 96aNationalrat · read 29 Aug 2026 | That a control measure touching human dignity has no legal effect without the works council’s consent, and that consent for automated processing and for assessment systems can be replaced by a conciliation board while consent under section 96 cannot. | The works council’s consent is the condition of the loss prevention capability having legal effect, and the threshold is whether it touches human dignity. |
| DP008/ATData loss prevention policy and tuningMandatory | Arbeitsverfassungsgesetz, sections 96 and 96aNationalrat · read 29 Aug 2026 | That a control measure touching human dignity has no legal effect without the works council’s consent, and that consent for automated processing and for assessment systems can be replaced by a conciliation board while consent under section 96 cannot. | The consent that conditions the capability’s legal effect attaches to the measure as it is operated, so rules that alter what it reaches fall to be consented to as the capability itself was. |
| GV010/ATWorker representative engagementMandatory | Arbeitsverfassungsgesetz, sections 96 and 96aNationalrat · read 29 Aug 2026 | That a control measure touching human dignity has no legal effect without the works council’s consent, and that consent for automated processing and for assessment systems can be replaced by a conciliation board while consent under section 96 cannot. | The works council does not consent to a control measure as a step before it, but as the condition of its legal effect. What brings a measure inside the requirement is whether it touches human dignity. |
| MD004/ATEndpoint activity monitoringMandatory | Arbeitsverfassungsgesetz, sections 96 and 96aNationalrat · read 29 Aug 2026 | That a control measure touching human dignity has no legal effect without the works council’s consent, and that consent for automated processing and for assessment systems can be replaced by a conciliation board while consent under section 96 cannot. | The works council’s consent is the condition of the endpoint agent having legal effect, and the threshold is whether it touches human dignity. |
| MD005/ATNetwork and egress monitoringMandatory | Arbeitsverfassungsgesetz, sections 96 and 96aNationalrat · read 29 Aug 2026 | That a control measure touching human dignity has no legal effect without the works council’s consent, and that consent for automated processing and for assessment systems can be replaced by a conciliation board while consent under section 96 cannot. | The works council’s consent is the condition of the traffic inspection having legal effect, and the threshold is whether it touches human dignity. |
| MD006/ATElectronic mail and collaboration monitoringMandatory | Arbeitsverfassungsgesetz, sections 96 and 96aNationalrat · read 29 Aug 2026 | That a control measure touching human dignity has no legal effect without the works council’s consent, and that consent for automated processing and for assessment systems can be replaced by a conciliation board while consent under section 96 cannot. | The works council’s consent is the condition of the recording of the messaging platform having legal effect, and the threshold is whether it touches human dignity. |
| MD011/ATPrivileged session recordingMandatory | Arbeitsverfassungsgesetz, sections 96 and 96aNationalrat · read 29 Aug 2026 | That a control measure touching human dignity has no legal effect without the works council’s consent, and that consent for automated processing and for assessment systems can be replaced by a conciliation board while consent under section 96 cannot. | The works council’s consent is the condition of the session recorder having legal effect, and the threshold is whether it touches human dignity. |
| MD012/ATUser and entity behavior analyticsMandatory | Arbeitsverfassungsgesetz, sections 96 and 96aNationalrat · read 29 Aug 2026 | That a control measure touching human dignity has no legal effect without the works council’s consent, and that consent for automated processing and for assessment systems can be replaced by a conciliation board while consent under section 96 cannot. | The works council’s consent is the condition of the analytics engine having legal effect, and the threshold is whether it touches human dignity. |
| MD014/ATVideo surveillance of the workplaceMandatory | Arbeitsverfassungsgesetz, sections 96 and 96aNationalrat · read 29 Aug 2026 | That a control measure touching human dignity has no legal effect without the works council’s consent, and that consent for automated processing and for assessment systems can be replaced by a conciliation board while consent under section 96 cannot. | The works council’s consent is the condition of the cameras having legal effect, and the threshold is whether they touch human dignity. |
| MD015/ATGeolocation of vehicles and devicesMandatory | Arbeitsverfassungsgesetz, sections 96 and 96aNationalrat · read 29 Aug 2026 | That a control measure touching human dignity has no legal effect without the works council’s consent, and that consent for automated processing and for assessment systems can be replaced by a conciliation board while consent under section 96 cannot. | The works council’s consent is the condition of the tracking device having legal effect, and the threshold is whether it touches human dignity. |
| MD016/ATMeasurement of pace and performanceMandatory | Arbeitsverfassungsgesetz, sections 96 and 96aNationalrat · read 29 Aug 2026 | That a control measure touching human dignity has no legal effect without the works council’s consent, and that consent for automated processing and for assessment systems can be replaced by a conciliation board while consent under section 96 cannot. | A rate of work derived from statistical, data capture, or micro timing methods is named in its own right among the measures the works council has to consent to, alongside the general requirement for systems that control employees. |
| PS001/ATPre-employment screeningMandatory | Arbeitsverfassungsgesetz, sections 96 and 96aNationalrat · read 29 Aug 2026 | That a control measure touching human dignity has no legal effect without the works council’s consent, and that consent for automated processing and for assessment systems can be replaced by a conciliation board while consent under section 96 cannot. | What needs the works council’s consent is the form put to the person: a personnel questionnaire asking beyond general particulars and the professional qualifications for the work intended. Verification carried out against a third party is not reached by it. |
| PS013/ATSelf-declaration of changed circumstancesMandatory | Arbeitsverfassungsgesetz, sections 96 and 96aNationalrat · read 29 Aug 2026 | That a control measure touching human dignity has no legal effect without the works council’s consent, and that consent for automated processing and for assessment systems can be replaced by a conciliation board while consent under section 96 cannot. | A standing route on which a worker reports about themselves becomes a personnel questionnaire once it asks beyond general particulars and qualifications, and introducing it then needs the works council’s consent. |
| 5Recommended | |||
| DP012Retention and disposal of program recordswhere writtenRecommended | Österreichisches Informationssicherheitshandbuch 4.4.0Bundeskanzleramt und A-SIT · read 29 Aug 2026 | That logging is only effective as a security measure once someone independent reads it, that where nobody independent can, the administrators’ own activity is what stops being checkable, and that the evaluation goes before the data protection officer either way. | Log files hold personal data in many cases, so they may be used only for purposes compatible with the one they were collected for. Where that restriction bites, the handbook says it is resolved by removing the personal data or by anonymizing them, and states that pseudonymizing them is not enough. |
| DP014Personal material in company accountswhere writtenRecommended | Österreichisches Informationssicherheitshandbuch 4.4.0Bundeskanzleramt und A-SIT · read 29 Aug 2026 | That logging is only effective as a security measure once someone independent reads it, that where nobody independent can, the administrators’ own activity is what stops being checkable, and that the evaluation goes before the data protection officer either way. | There is no right for a worker to use the employer’s resources privately. Minor private or half private use within ordinary human social behavior should nonetheless be allowed or ignored, and a total prohibition pronounced only in extreme cases. |
| IV001Internal reporting channelwhere writtenRecommended | Österreichisches Informationssicherheitshandbuch 4.4.0Bundeskanzleramt und A-SIT · read 29 Aug 2026 | That logging is only effective as a security measure once someone independent reads it, that where nobody independent can, the administrators’ own activity is what stops being checkable, and that the evaluation goes before the data protection officer either way. | The routes by which something conspicuous in the logs is reported onward are to be laid down, alongside the fixing of who is responsible for the evaluation that found it. |
| MD002Log collection and centralizationwhere writtenRecommended | Österreichisches Informationssicherheitshandbuch 4.4.0Bundeskanzleramt und A-SIT · read 29 Aug 2026 | That logging is only effective as a security measure once someone independent reads it, that where nobody independent can, the administrators’ own activity is what stops being checkable, and that the evaluation goes before the data protection officer either way. | Logging security relevant events works as a security measure only where the data are evaluated at regular intervals by an independent reviewer. Where no independent reviewer can be put in place the administrators may do it, and the handbook states the consequence rather than leaving it: checking the administrators’ own activity then becomes hard. The evaluation is to be laid before the data protection officer or the security officer in any case, the responsibility for carrying it out is to be fixed exactly, the four eyes principle should be used in the security critical cases, and it must be ensured by technical or organizational means that the administrators’ activities can be adequately checked. |
| MD003Detection use case developmentwhere writtenRecommended | Österreichisches Informationssicherheitshandbuch 4.4.0Bundeskanzleramt und A-SIT · read 29 Aug 2026 | That logging is only effective as a security measure once someone independent reads it, that where nobody independent can, the administrators’ own activity is what stops being checkable, and that the evaluation goes before the data protection officer either way. | The handbook sets out what an evaluation looks for: logon and logoff times outside working hours, a build-up of failed logon attempts, a build-up of impermissible access attempts, conspicuously long intervals in which nothing was logged, which points to records having been deleted, and conspicuously long intervals in which no user appears to have changed. Particular attention is to go to every access carried out under an administrator identifier. |
