Product Safety 2026 – Austria: Chambers Global Practice Guide by Andreas Eustacchio
Product Liability & Safety 2026 – Austria |
Global Practice Guides | Chambers and
Product safety law in Austria is fundamentally based on European Union legislation.
For non‑food consumer products placed on the market as of 1 December 2024, the EU General Product Safety Regulation (EU) 2023/988 (GPSR) applies directly. For consumer products that were already made available before that date, the Austrian Product Safety Act 2004 (Produktsicherheitsgesetz – PSG 2004) continues to apply, so that both regimes may operate in parallel during a transitional period.
For non‑consumer products and many technical sectors (eg, machinery, electrical equipment, EMC, toys, medical devices, automotive type‑approval), the EU Market Surveillance Regulation (EU) 2019/1020 and around 70 sector‑specific Union harmonisation acts listed in its Annex I apply as lex specialis. In addition, the food safety regime (Regulation (EC) No 178/2002 together with the Austrian Food Safety and Consumer Protection Act – LMSVG), the EU “Blue Guide” on product rules and Commission Delegated Regulation (EU) 2024/3173 on risk assessment and Safety Gate notifications form part of the relevant framework.
Who is responsible?
Product safety and market surveillance are primarily the responsibility of the Federal Ministry of Social Affairs, Health, Care and Consumer Protection, the provincial (Länder) authorities and, in the food sector, AGES (Austrian Agency for Health and Food Safety).
Who has to notify, and when?
Manufacturers, importers and distributors must take immediate and effective corrective actions in the event of safety issues (eg, warnings, withdrawals, recalls, delistings), communicate risks appropriately and – depending on the level of risk – submit notifications via the Safety Business Gateway to the market surveillance authorities in all affected member states. This applies in particular in cases of accidents resulting in death or serious damage to health, and in the context of internal whistleblowing systems under the HinweisgeberInnenschutzgesetz (Austrian Whistleblower Protection Act).
What penalties currently apply?
Although the GPSR does not lay down specific fine levels, it requires sanctions to be effective, proportionate and dissuasive. The current Austrian framework under the PSG 2004 provides for administrative fines of up to EUR 25,000, which is likely to be revised in light of the new EU requirements.
Further details can be found in my contribution for Chambers (Product Liability & Safety 2026 – Austria): Product Liability & Safety 2026 – Austria |
Global Practice Guides | Chambers and
Yours sincerely,
Andreas Eustacchio
EUSTACCHIO is a leading Austrian law firm in product liability, compliance, and safety, with over 25 years of experience and strong expertise in autonomous and connected driving. The firm advises manufacturers, suppliers, and software developers throughout the entire product life cycle, including market entry and commercial agreements. Its work focuses in particular on risks related to digitalisation, embedded software, connectivity, cybersecurity, and automated systems.