AI Act in Austria: what applies when
Austria has no AI law of its own. The EU AI Act applies, and in July 2026 the Digital Omnibus postponed several deadlines. Here is the current timeline.
As of: 24 September 2026
AI Act timeline
| Date | What applies |
|---|---|
| 1 August 2024 | The AI Act enters into force. |
| 2 February 2025 | Prohibited AI practices, for example social scoring. AI literacy under Art. 4. |
| 2 August 2025 | Rules for general-purpose AI models (GPAI), governance, penalties. |
| July 2026 | Digital Omnibus (Reg. 2026/1744): Art. 4 is softened, high-risk deadlines are postponed. |
| 2 August 2026 | Transparency obligations under Art. 50, rights under Art. 85 and 86. Fines for GPAI providers. |
| 2 December 2026 | Machine-readable marking (Art. 50(2)) for systems on the market before August 2026. New ban on sexualised deepfakes without consent. |
| 2 December 2027 | High-risk AI under Annex III, for example HR, education, creditworthiness. |
| 2 August 2028 | High-risk AI under Annex I, for example as a safety component in regulated products. |
The situation in Austria
- No national implementing lawAccording to RTR, responsibilities under the AI Act are not yet regulated nationally in Austria.
- RTR AI service deskContact point for information, advice and the AI sandbox. Not a sanctioning authority.
- Data protection authoritySupervises high-risk AI in law enforcement, border control, justice and democratic processes.
- GDPR applies in parallelEvery processing of personal data with AI still needs a legal basis.
What you should do now
- Build an AI inventoryWhich systems you use, for what, with which data.
- Support AI literacyTraining or other measures under Art. 4, documented.
- Check transparencyChatbots, AI replies and AI-generated content: can people tell they come from AI?
- Rule out high riskDo you use AI in hiring, education or credit checks? Then prepare by December 2027.
- Ask your vendorsHave your AI vendors confirm how they implement the AI Act.
Frequently asked questions
Does Austria have its own AI law?
No. The EU AI Act applies directly in Austria. According to RTR, there is currently no national law that sets out responsibilities and authorities.
Which authority is responsible?
The AI service desk of RTR informs and advises, runs a sandbox and represents Austria on the EU AI Board. It does not impose fines. For high-risk AI in areas such as law enforcement or justice, the data protection authority (DSB) is responsible.
Do the high-risk rules apply from August 2026?
No, not any more. The Digital Omnibus postponed them: high-risk systems under Annex III from 2 December 2027, under Annex I from 2 August 2028.
What has applied since 2 August 2026?
The transparency obligations under Art. 50: people must be able to tell that they are interacting with AI, and certain AI-generated content must be marked. Machine-readable marking for systems already on the market has a deadline of 2 December 2026.
Does this affect my small business?
Almost every company that uses AI is a deployer and has had to support the AI literacy of its team since February 2025. High-risk duties affect few SMEs, for example when AI is used in hiring decisions or credit checks.
What does this mean for your company?
In 30 minutes we go through your AI use and tell you which points apply to you.
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