Cessation of activity of a data intermediation service

General information

Where a data intermediation services provider ceases its activities, it must notify the relevant competent authority.

Any notification of a cessation of activity relating to a data intermediation service provider may only be made by authorised persons for data intermediation services that have previously been notified to the competent authority. Where data intermediation services providers do not have an establishment in the European Union (EU), the cessation of activity of a data intermediation service must be notified via a legal representative.

Requirements

• ID Austria or other European eID
• Main establishment or legal representative in Austria

Deadlines

The data intermediation services provider must notify the competent authority of the cessation of its activities within 15 days.

Competent authority

Competent authority for data intermediation services and data altruism organisations:

Bundeskanzleramt Österreich (Federal Chancellery)
Abteilung VII/1

Postal address:
Ballhausplatz 2
1010 Vienna

Email: data-policy(a)bka.gv.at

Procedure

Once the notification of cessation has been checked and processed, written confirmation will be issued to the indicated contact persons or the legal representative of the data intermediation service, either by the competent authority or via the Austrian Business Service Portal.

The competent authority will notify the European Commission of the cessation of activity by electronic means without delay. The European Commission will update the public register of the data intermediation services providers in the Union accordingly.

Costs and fees

There is no cost to submit notifications to the competent authority.

Further information

Conditions for the provision of data intermediation services

The conditions for the provision of data intermediation services were determined in accordance with article 12 of the Data Governance Act.

Further links

• EU register of data intermediation services (→ EU)^{German text}
• Information on the use of the logo for data intermediaries and data altruism organisations that are recognised in the Union (→ EU)^{German text}
• European Data Strategy (→ EU)^{German text}
• Bundeskanzleramt (→ BKA)^{German text}
• → digitalaustria.gv.at^{German text}
• → oesterreich.gv.at

Legal bases

• Regulation (EU) 2022/868 on European data governance and amending Regulation (EU) 2018/1724 (Data Governance Act)
• Datenzugangsgesetz (DZG)
• Notification of cessation: article 11 paragraph 13 of the Data Governance Act
• Notification to the European Commission: article 11 paragraph 14 of the Data Governance Act
• Types of data intermediation services:
  • Datenzugangsgesetz (DZG)
  • Article 10 of the Data Governance Act
• Registration of data intermediation services providers: article 11 of the Data Governance Act
• Conditions for the provision of data intermediation services: article 12 of the Data Governance Act
• Monitoring compliance: article 14 of the Data Governance Act

Link to form

This online form must be used to notify the competent authority of the cessation of activity of a data intermediation service:

Data governance – Registration, amendment of existing information and termination of activity by data intermediation services (DVD) and data altruism organisations (DAO)

Means of redress or appeal

In accordance with article 28 of the Data Governance Act, notwithstanding any administrative or other non-judicial remedies, any affected natural and legal persons shall have the right to an effective judicial remedy with regard to legally binding decisions taken by the competent authority. In particular, in accordance with article 130 paragraph 1 (1) of the Bundes-Verfassungsgesetz (B-VG), a right of appeal exists against all decisions taken by the competent authority.