Media Law

Austria

Law firm for media law

What is media law? What is the Media Act?

The rapid expansion in the field of media, especially new media, as well as the growing number of legal requirements here often lead to conflicting interpretations of media law. This is why, when giving comprehensive legal advice, not only do we consider the relevant provisions contained in the Media Act, including regulations on protecting individuals and media-related criminal law, but we also take account of all associated norms such as the Audiovisual Media Act (AMD-G) as well as the Austrian Civil Code and criminal law. 
Our extremely well-versed attorneys-at-law, who keep abreast of the latest media-relevant developments in both legislative packages and case law, enable us to maintain our leading edge as a recognised law firm for media law in Vienna. Our expertise as a law firm for media law not only covers media law liability, procedural law and youth protection but also the unbundling of rights when evaluating content in new media (IPTV, video on demand, near video on demand, streams, live streams) or combating internet piracy.

Audiovisual media and regulatory requirements

Within the framework of new media and digitalisation, our experts have focused their attention in particular on new, audiovisual media and the associated regulatory law. Not just video-sharing platforms and social media are subject to an increasingly complex array of provisions, but also conventional media outlets such as TV, radio and private TV broadcasters. National codes of conduct and media law regulations must be complied with as part of the European Union’s digital internal market strategy along with numerous legislative packages conceived by Austria’s federal government. 
Companies and other media / copyright owners also have to take action with the authorities and the judiciary, requiring the right legal advice when things get serious. Our team is also here to help in such situations.

Licensing law: Comprehensive advice by CMS attorneys-at-law in media law matters

One of the key areas we focus on is advising on licensing law: We provide legal advice in the drafting of contracts, for instance in terms of broadcasting rights, securing the rights of film makers, media owners, copyright collectives, producers, studios, publishers or radio and television broadcasters, and also assert these rights should infringements take place.
We also have comprehensive expertise in online matters, such as:
•    Affiliate Marketing
•    Search Engine Marketing (SEM)
•    White Label Solutions
•    Content Aggregation
•    Online Advertising 
•    Licensing Strategies

Our expertise also extends to providing legal assistance in setting up innovative business models in the area of new media, in connection with new forms of advertising such as “branded entertainment”, as well as digitisation projects.

Media law: Well-advised when disputes arise

In addition to conducting procedures with the authorities, we also provide support in matters of media law litigation. Our media law attorneys-at-law take charge of legal proceedings that are of fundamental importance for our clients in areas such as:
•    Audiovisual piracy
•    Copyright
•    Data protection 
•    News coverage
•    Credit damage and downgrade
•    System access rights 
•    Media-related criminal law
•    Complaints under the Media Act
•    Legal complaints and interim injunctions
•    Private criminal action

We also help you assert your rights in cases where the Media Act is violated. Meet our team of media law experts here.

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28 April 2021
ECJ to is­sue pre­lim­in­ary rul­ing on Ger­man FCO-Face­book case
In 2019, the Ger­man Com­pet­i­tion watch­dog Fed­er­al Car­tel Of­fice (FCO) is­sued a re­mark­able de­cision against Face­book, which has been sub­ject to on-go­ing leg­al pro­ceed­ings that have kept an­ti­trust and data...
26 April 2021
European Com­mis­sion pro­poses first leg­al frame­work on AI
Over the last two years, the EU has paved the way for a uni­form leg­al frame­work for the de­vel­op­ment, mar­ket­ing and use of AI that con­forms with Uni­on val­ues. As a res­ult, on 21 April 2021 the European...
12 April 2021
EU Di­git­al Ser­vices Act gives new leg­al frame­work for plat­form eco­nomy
The European Com­mis­sion has is­sued the draft pro­pos­al for the Reg­u­la­tion on a Single Mar­ket for Di­git­al Ser­vices (Di­git­al Ser­vices Act or DSA), which cre­ates a new leg­al frame­work for di­git­al ser­vices...
06 April 2021
EU is­sues draft of Di­git­al Mar­kets Act aimed at cre­at­ing a new and fair...
The European Com­mis­sion has pub­lished a draft pro­pos­al for a new com­pet­i­tion law frame­work for large on­line plat­forms, called the Di­git­al Mar­kets Act (DMA). The Com­mis­sion pro­posed the DMA due to the...
29 March 2021
EDPS & EDPB re­lease joint opin­ion on the Data Gov­ernance Act
On 10 March 2021, the EDPB and the EDPS re­leased their joint opin­ion on the Data Gov­ernance Act (DGA), the European Com­mis­sion’s Pro­pos­al for a Reg­u­la­tion on European data gov­ernance. The DGA is an...
24 March 2021
EDPB Guidelines on Vir­tu­al Voice As­sist­ants
The European Data Pro­tec­tion Board (EDPB) pub­lished its draft Guidelines 02/2021 on Vir­tu­al Voice As­sist­ants (VVAs), which are soft­ware ser­vices that take voice as an in­put, identi­fy and ex­ecute a com­mand...
22 March 2021
Com­mu­nic­a­tion plat­forms face new ob­lig­a­tions and high fines in Aus­tria
As part of a reg­u­lat­ory pack­age against hate speech on the In­ter­net, Aus­tria in­tro­duced new ob­lig­a­tions for com­mu­nic­a­tion plat­forms. These new rules ap­ply to do­mest­ic and for­eign plat­forms alike and non-com­pli­ance...
19 March 2021
EDPB is­sues guidelines on Con­nec­ted Cars
After a pub­lic con­sulta­tion pro­ced­ure, the European Data Pro­tec­tion Board (EDPB) ad­op­ted and pub­lished the fi­nal ver­sion of Guidelines 01/2020 on the pro­cessing of per­son­al data in the con­text of con­nec­ted...
09 March 2021
New com­pet­i­tion tools for di­git­al mar­kets – Ger­man com­pet­i­tion law vs....
After the new Ger­man com­pet­i­tion law came in­to ef­fect in Janu­ary 2021, ma­jor di­git­al plat­forms are now af­fected by art­icle 19a of the Ger­man Com­pet­i­tion Act. Un­der art­icle 19a, the Ger­man com­pet­i­tion...
24 February 2021
COV­ID and ViCo: EPO re­fer­ral to the En­larged Board of Ap­peal
In the last year, the COV­ID-19 pan­dem­ic has res­ul­ted in a large pro­por­tion of the leg­al sec­tor trans­ition­ing to a ‘work from home’ ar­range­ment, with meet­ings tak­ing place re­motely. Non-es­sen­tial travel...
28 January 2021
Data Pro­tec­tion in a post-Brexit world: what hap­pens to trans­fers to and...
When the Brexit trans­ition peri­od drew to a close at the end of 2020, the UK moved to a new data pro­tec­tion re­gime known as the UK GDPR but that isn’t the end of the story. At the same time, busi­nesses...
22 January 2021
EDPB is­sues draft guidelines for data breach no­ti­fic­a­tions
Fur­ther to the GDPR re­quire­ment for re­port­ing per­son­al data breaches to the com­pet­ent data pro­tec­tion au­thor­ity and, in cer­tain cases, to af­fected in­di­vidu­als, the European Data Pro­tec­tion Board (EDPB)...