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Austria: Federal Administrative Court overturns 18M fine against Österreichische Post

The Federal Administrative Court issued, on 2 December 2020, its judgment on the appeal against the €18 million administrative fine imposed on Österreichische Post by the Austrian data protection authority's ('DSB'). In particular, the judgment outlines that the appeal alleged that the DSB violated in its administrative proceeding Section 30 of the Federal Act on the Protection of Individuals With Regard to the Processing of Personal Data (Data Protection Act (DSG) BGBI. I No. 165/1999) (last amended in 2019). In addition, the judgment finds that the DSB's administrative proceeding did not provide the name of the natural person to which the violation of the General Data Protection Regulation (Regulation (EU) 2016/679) ('GDPR') was to be attributed. Therefore, the judgment notes that the DSB was not able to identify the subject who decided to carry out the data processing activities that were considered in violation of the GDPR.

You can read the judgment, only available in German, here.