TKG 2021
Telekommunikationsgesetz 2021 (Telecommunications Act 2021), Section 165(3)
Key Facts
Effective Date
November 1, 2021
Enacted
October 28, 2021
Enforcing Authority
DSB (Datenschutzbehörde) for GDPR; Fernmeldebüro (Telecommunications Office) for TKG cookie provisions
Consent Model
Opt-in
Applies To
Any entity storing or accessing information on terminal equipment of users in Austria
Overview
Austria implements EU cookie consent requirements through Section 165(3) of the Telekommunikationsgesetz 2021 (TKG). The country has a distinctive split enforcement model, with two separate authorities handling different aspects of cookie compliance.
What This Means for Your Website
- Prior opt-in consent is required before placing any non-essential cookies on Austrian visitors
- Browser settings alone do not constitute valid consent
- The strictly necessary exemption applies only to essential cookies
- Cookie-specific fines under TKG are capped at EUR 50,000, but GDPR penalties can also apply when personal data is involved
Key Requirements
Austria's dual enforcement model means the Fernmeldebüro handles TKG cookie violations while the DSB (Datenschutzbehörde) enforces GDPR aspects. Cookie-specific TKG fines are relatively modest at EUR 50,000, though GDPR penalties of up to EUR 20 million or 4% of global turnover can apply in parallel. Enforcement has historically been limited but is increasing due to rising complaints from activist organizations.
How ConsentStack Handles This
ConsentStack detects Austrian visitors and applies the opt-in consent model required by TKG 2021. All non-essential scripts are blocked until the visitor actively consents, satisfying both TKG Section 165(3) and GDPR requirements simultaneously.
Penalties
Up to EUR 50,000 under TKG for cookie violations. GDPR penalties also apply (up to EUR 20 million / 4% global turnover)
Maximum Fine
EUR50,000 per violation
Key Requirements
- Prior informed consent before placing non-essential cookies
- Clear and comprehensive information about purposes
- Consent must meet GDPR standards
- Browser settings alone do not constitute valid consent
- Strictly necessary exemption for essential cookies only
Notable Provisions
- Split enforcement model with two separate authorities
- Cookie-specific TKG fines significantly lower than GDPR penalties
- No publicly known cookie-specific fines imposed to date
Other ePrivacy Directive Related Regulations
Loi Informatique et LibertésFrance
France has the most actively enforced cookie regime in Europe. CNIL issued 259 corrective decisions in 2025, with cookie-specific fines totaling EUR 486.8 million including EUR 325M against Google. A Refuse all button or Continue without accepting must appear on the first layer.TDDDGGermany
Germany implements the ePrivacy Directive through Section 25 of TDDDG (renamed from TTDSG in May 2024). A Consent Management Ordinance (EinwV) became effective April 2025, establishing a voluntary framework for recognized consent management services. Cookie banners must not obscure website content.SI 336/2011Ireland
Ireland implements the ePrivacy Directive through SI 336/2011. The DPC is the lead supervisory authority for major tech companies headquartered in Ireland including Meta, Google, Apple, and Microsoft. Uniquely, cookie consent is limited to 6 months and must then be refreshed.Dutch Telecom ActNetherlands
The Netherlands implements the ePrivacy Directive through Article 11.7a of the Telecommunications Act. The AP launched a major enforcement sweep in April 2025, warning 50 organizations for misleading cookie banners or placing tracking cookies without consent. Cookie walls are not permitted.LSSISpain
Spain implements the ePrivacy Directive through Article 22 of the LSSI. Cookie violations are classified as slight offenses with EUR 30,000 fines per URL, but multiple URLs multiply penalties. AEPD allows consent-exempt analytics under privacy-friendly configurations, similar to CNIL.Italian Privacy CodeItaly
Italy implements the ePrivacy Directive through Article 122 of the Privacy Code with detailed Garante cookie guidelines effective January 2022. Only technically necessary cookies may load by default. Scrolling is not valid consent, and closing a banner with "X" closes it without granting consent.Danish Cookie OrderDenmark
Denmark implements the ePrivacy Directive through the Cookie Order (Cookiebekendtgørelsen), administered by the Danish Business Authority. Cookie consent is a declared 2026 enforcement priority for Datatilsynet, which will examine whether Danish websites give users a genuine choice.Polish Telecommunications LawPoland
Poland implements the ePrivacy Directive through Articles 173-174 of the Telecommunications Law. While Article 173(2) technically permits consent via browser settings, PUODO recommends active consent. Since 2019, Article 174 requires cookie consent to meet full GDPR standards.Belgian E-Communications ActBelgium
Belgium enforces strict cookie consent with one of the EU's most active DPAs. Cookie walls are prohibited, and a Reject all button must appear on the first layer with equal prominence to Accept all. Dark patterns in cookie banners are actively enforced against.Norwegian E-Com ActNorway
Norway's January 2025 amendment to Ekomloven marked a major shift from tolerating passive consent to strict opt-in. Pre-ticked boxes and browser settings are now explicitly invalid. Accept and reject options must have equal prominence. Datatilsynet sanctioned 6 websites for tracking pixel violations.Portuguese ePrivacy LawPortugal
Portugal implements the ePrivacy Directive through Law 41/2004, with a distinctive tiered penalty structure distinguishing between large companies, SMEs, and natural persons. The CNPD issued 90 fines totaling EUR 559,950 in 2023, demonstrating active enforcement.LEKSweden
Sweden implements the ePrivacy Directive through Chapter 9 Section 28 of LEK. In April 2025, IMY issued a landmark reprimand against Aller Media for dark patterns in cookie banners. Less than 25% of Swedish users accept cookies, reflecting strong privacy awareness.Other Europe Regulations
GDPREuropean Union + EEA
The GDPR sets the global standard for data protection, requiring explicit opt-in consent before processing personal data of EU/EEA residents. For websites, non-essential cookies must be blocked until visitors actively consent. Pre-ticked boxes and implied consent are invalid.PECRUnited Kingdom
PECR is the UK's cookie-specific law, requiring consent before storing or accessing cookies. The DUAA 2025 significantly increased penalties from GBP 500,000 to GBP 17.5 million and introduced analytics exceptions on an opt-out basis. Only strictly necessary cookies are exempt.ePrivacy DirectiveEuropean Union + EEA
Article 5(3) of the ePrivacy Directive is the primary EU legal basis requiring cookie consent. It mandates prior informed consent before storing or accessing any information on a user's device, with narrow exceptions only for transmission necessity and explicitly requested services.Loi Informatique et LibertésFrance
France has the most actively enforced cookie regime in Europe. CNIL issued 259 corrective decisions in 2025, with cookie-specific fines totaling EUR 486.8 million including EUR 325M against Google. A Refuse all button or Continue without accepting must appear on the first layer.UK GDPRUnited Kingdom
The UK GDPR is the retained EU GDPR post-Brexit, with consent standards identical to the EU version. The UK adequacy decision was renewed December 2025, valid until December 2031. Combined with PECR, it forms the legal framework for cookie consent in the UK.TDDDGGermany
Germany implements the ePrivacy Directive through Section 25 of TDDDG (renamed from TTDSG in May 2024). A Consent Management Ordinance (EinwV) became effective April 2025, establishing a voluntary framework for recognized consent management services. Cookie banners must not obscure website content.Frequently Asked Questions
Does Austria require cookie consent?
Yes. Austria's TKG 2021 requires opt-in consent before placing non-essential cookies on visitors' devices. Browser settings alone are not considered valid consent.
What are the penalties for cookie violations in Austria?
Cookie-specific fines under TKG are capped at EUR 50,000. However, GDPR penalties of up to EUR 20 million or 4% of global turnover can also apply when personal data is involved.
Who enforces cookie laws in Austria?
Austria has a split enforcement model. The Fernmeldebüro handles TKG cookie violations while the DSB enforces GDPR-related aspects. ConsentStack helps you comply with both.
Stay compliant with TKG 2021
ConsentStack helps you implement Opt-in consent for Austria automatically.