AI Labeling Requirements in Austria: Who Is in Charge and What Applies from 2 August 2026
The EU AI Act applies directly in Austria – no national implementation law is needed for the obligations. From 2 August 2026, the transparency obligations under Article 50 take effect. Who is responsible in Austria, how the country differs from Germany, and what companies should do now.
Christian Lechner
Many Austrian companies are asking: does the AI labeling obligation apply here too – and from when? The short answer: yes, from 2 August 2026. The EU AI Act is an EU regulation and therefore applies directly in Austria – no national implementation law is required for the obligations themselves.
In this article, we clarify who is responsible in Austria, how Austria differs from Germany – and what companies should do now.
The Legal Situation: The EU Regulation Applies Directly
Unlike an EU directive, an EU regulation does not need to be "translated" into national law. Regulation (EU) 2024/1689 – the EU AI Act – applies in Austria word for word as published in the Official Journal. That means:
- The same obligations as in Germany, Italy, or France
- The same deadlines: the transparency obligations under Article 50 take effect on 2 August 2026
- The same fine ranges: for Art. 50 violations, up to €15 million or 3% of global annual turnover (Art. 99(4)) – for SMEs, the lower amount applies
Anyone in Austria publishing AI-generated content, operating chatbots, or distributing deepfakes is subject to exactly the same labeling obligations as in the rest of the EU from August 2026.
Who Is Responsible in Austria?
The AI Service Desk (KI-Servicestelle) at RTR
Austria established a central contact point early: the KI-Servicestelle at RTR (the Austrian regulatory authority for broadcasting and telecommunications), set up in early 2024 on a statutory basis. It is the first point of contact for companies, public administration, and citizens:
- Information: guides, FAQs, and a dedicated AI Act chatbot on the obligations of the AI Act
- Orientation: guidance on which obligations apply to which actors
- Coordination: contact point for questions about applying the AI Act in Austria
Important: the KI-Servicestelle is currently primarily an information and service body – not a fining authority.
Market Surveillance: Not Yet Finalized
The AI Act requires member states to designate national market surveillance authorities. As of July 2026, Austria has not yet finalized this designation – a dedicated implementation or accompanying law on the authority structure is still pending. A sectoral split is expected: depending on the field of application, existing supervisors such as the Data Protection Authority (DSB), the Financial Market Authority (FMA), or the BASG (medical devices) are likely to become responsible in their respective areas.
For companies this means: the exact authority landscape is still in motion – but the obligations themselves are not.
Difference from Germany: KI-MIG and the Bundesnetzagentur
Germany is one step ahead on the authority question: with the AI Market Surveillance Act (KI-MIG) – passed by the Bundestag on 11 June 2026 and approved by the Bundesrat on 10 July 2026 – the Bundesnetzagentur becomes the central AI market surveillance authority, including a competence center and a central complaints office.
| Austria | Germany | |
|---|---|---|
| Central contact point | KI-Servicestelle (RTR) | Bundesnetzagentur |
| Market surveillance | Not yet finally designated as of July 2026 | Bundesnetzagentur (KI-MIG, passed July 2026) |
| Obligations apply from | 2 August 2026 | 2 August 2026 |
The decisive point: the difference only concerns "who supervises?" – not "what applies?". The labeling obligations are identical in both countries and take effect on the same day.
Why You Should Not Wait for the Authority Designation
Some companies conclude from the open authority question that they have time. That is a fallacy:
- The obligation applies from 2 August 2026 – regardless of when market surveillance is finalized
- Civil-law risks (e.g., under unfair competition law) exist independently of the authority structure
- Evidence needs lead time: if you only start documenting when the first authority inquiry arrives, you have none
What Austrian Companies Should Do Now
1. Map Your AI Use Where does AI-generated content appear in your company – website, shop, social media, newsletter?
2. Implement Labeling AI-generated images, audio, and video as well as deepfakes must be identifiable from August 2026; chatbots must disclose that they are AI.
3. Train Your Staff The AI literacy obligation under Article 4 has applied since February 2025 – in Austria too.
4. Document Keep verifiable records of which content was labeled and which trainings were completed.
How AIActify Supports Austrian Companies
AIActify covers the labeling obligation under Art. 50 with one script tag – uniform across the EU, including Austrian websites:
- Visible labels with the official EU AI icon – the same labeling that applies across the EU
- Schema.org metadata – machine-readable for crawlers and authorities
- Audit logs – immutable evidence, whichever authority ends up auditing
- AI training included – covers the Art. 4 obligation at the same time
---
Further reading: EU AI Act Guide for Website Operators · Fines and Penalties at a Glance
Sources: KI-Servicestelle at RTR, WKO – AI Act, Regulation (EU) 2024/1689. As of July 2026.
