Legal and IT Law Lecture Practice Flashcards

A set of vocabulary flashcards covering Austrian and EU law, focusing on criminal IT law, data protection (GDPR), consumer rights, and e-commerce regulations.

Criteria for Punishability (Strafbarkeit)

The requirements include objective elements (objektiver Tatbestand), unlawfulness (Rechtswidrigkeit), subjective elements (subjektiver Tatbestand), and guilt (Schuld).

§ 118a StGB (Unlawful Access to a Computer System)

The objective elements require a lack of disposal authorization over a computer system and the overcoming of a specific security precaution.

Offizialdelikte

Offenses that the public prosecutor's office (Staatsanwaltschaft) pursues on its own initiative, even if the victim objects.

High-risk AI Systems (Deployer Obligations)

Obligations include AI literacy training for staff, ensuring transparency by informing users they are interacting with AI, and implementing human oversight.

Cyber Resilience Act

A regulation for products with digital elements that classifies products into risk classes and requires a conformity assessment procedure and CE marking.

Copyright Protection Duration (Urheberrecht)

Protected for $70$ years after the death of the creator.

Patent Protection Duration (Patentrecht)

Protected for a maximum of $20$ years.

Trademark Protection Duration (Markenrecht)

Protected for a maximum of $10$ years and then renewable for further periods of $10$ years.

Trademark Registration Obstacles

Barriers include lack of graphic representability, generic names (e.g., Motel), similarity to an older trademark, and signs that are contrary to public policy or morality.

Personal Data Examples

Includes name, surname, IP address, and pseudonymized data.

GDPR (General Data Protection Regulation)

A regulation that is directly applicable in all EU member states and protects natural persons during the processing of personal data.

EU Regulation (Verordnung)

An act that is directly applicable in member states, typically structured into recitals (Erwägungsgründe) and articles, with articles being legally binding.

EU Directive (Richtlinie)

An act that must be transposed into national law to be effective within a member state.

Legal Basis for Data Processing (Art 6 GDPR)

Basis includes consent (Einwilligung), performance of a contract, and legal obligation.

Security of Processing (Art 32 GDPR)

Follows a risk-based approach and requires an ongoing obligation to maintain an appropriate level of security based on the state of the art and implementation costs.

Consumer Warranty (Gewährleistung)

In Austria, the statutory warranty period is $2$ years with a presumption period of $6$ months.

Button Solution (FAGG)

A requirement for electronic transactions with consumers where the user must explicitly confirm that the order entails a payment obligation.

E-Commerce Act (ECG) Coverage

Regulates Impressum obligations, peculiarities of contract conclusion on the internet, and provider liability (Host and Access providers).

Herkunftslandprinzip (Country of Origin Principle)

In the coordinated area, legal obligations are determined by the laws of the member state where the service provider is established.

Privatautonomie (Private Autonomy)

Includes elements such as freedom of contract (Abschlussfreiheit) and freedom of form (Formfreiheit).

Capital Company (Kapitalgesellschaft)

A legal entity where no shareholder is personally liable, but a minimum capital of at least $10.000\,€$ is required.

Registered Partnership (Personengesellschaft)

A business structure that requires no minimum capital, but where at least one partner is fully liable.

§ 126b StGB

Relates to the disturbance of the functionality of a computer system; the attempted crime carries the same sentencing frame as the completed crime.

Right to Be Forgotten (Art 17 GDPR)

The right of a data subject to have their personal data erased by the controller.