General terms and conditions and rate provisions

1. Who needs to notify of general terms and conditions and rate provisions?

In principle, every provider of publicly accessible electronic communications services is required to establish General Terms and Conditions (GTC) and Tariff Regulations (TR), which must also describe the services offered. Their content must be clear, comprehensive, machine-readable, and available in a format accessible to end users with disabilities. Both the GTC and TR must be published in an appropriate (electronic) form (see Art. 14 para. 1 VKND). The description of the services offered may also be provided in separate service descriptions (SD), which are treated as part of the GTC.

Furthermore, providers are required to notify the Office for Communications (AK) of the GTC and TR before they come into effect (see Art. 15 para. 1 VKND). This obligation also applies to any amendments to the GTC or TR (see Art. 15 para. 1 VKND). Upon completion of the procedure, the AK publishes the contractual terms (see Art. 15 para. 1 VKND).

It is recommended that providers familiarize themselves with the entire procedural process, particularly as outlined in Section 7, before submitting their notification to the AK.

In summary, the following points must be observed when submitting a notification to the Office for Communications:

• The obligation to notify and publish TR applies to providers insofar as they offer standardized services for consumers, micro-enterprises, and small businesses. Individual or tailor-made solutions for other companies are not subject to notification or publication requirements.
• If a modification to the GTC or TR is not exclusively beneficial to the end user, a notification and publication period of three months applies (see Art. 15 para. 3 VKND). The provisions of the General Civil Code (ABGB) and the Consumer Protection Act (KSchG) remain unaffected.
• Providers must inform end users of any changes to the contractual terms at least one month in advance and simultaneously notify them of their right to terminate the contract without additional costs if they do not agree to the new terms. The right to terminate may be exercised within one month of receiving the notification. The notification must be made in a clear and comprehensible manner on a durable medium (see Art. 17 para. 7 VKND).
• After submitting the GTC and TR, further modifications may be required as part of the AK’s review process (see Art. 15 para. 5 VKND). It is therefore advisable to implement the notified contractual terms in business operations only after the AK has completed its review and the final notification has been received.

2. Which providers must make a notification?

Pursuant to Art. 3 para. 1 no. 2 of the Communications Act (KomG), a provider within the meaning of Art. 15 VKND is, in particular, a service provider. A service provider is any entity that offers publicly accessible electronic communications services.

Art. 3 para. 1 no. 9 KomG defines a "publicly accessible electronic communications service" as a service that is typically provided for remuneration via electronic communications networks and specifically includes:

a) "Internet access services" as defined in Art. 2 para. 2 no. 2 of Regulation (EU) 2015/2120. An internet access service is a publicly accessible electronic communications service that, regardless of the network technology used or the terminal equipment employed, provides access to the internet and thereby enables connections to virtually all endpoints on the internet;

b) Interpersonal communications services (see Art. 3 para. 1 no. 11 KomG), which are typically provided for remuneration and enable direct, interpersonal, and interactive exchanges of information over electronic communications networks between a finite number of persons, with the recipients being determined by the individuals initiating or participating in the communication. These include:

• Number-based interpersonal communications services, which either establish a connection to publicly assigned numbering resources or enable communication using numbers from national or international numbering plans;
• Number-independent interpersonal communications services, which neither establish a connection to publicly assigned numbering resources nor enable communication using numbers from national or international numbering plans;

c) Services that consist wholly or primarily of the transmission of signals, such as transmission services used for machine-to-machine communication and broadcasting.

3. Which providers and which services are exempt from the notification obligation?

• Providers of publicly accessible electronic communications services that offer transmission services used for the provision of machine-to-machine communication services (see Art. 17 para. 1 KomG).
• Not covered are services that provide content over electronic communications networks and services or exercise editorial control over them (see Art. 2 para. 2 KomG).
• Furthermore, providers are exempt whose provided services do not correspond to the main business purpose of the associated legal transaction, but represent only a minor ancillary service and thus play a subordinate role (example: a hotel/restaurant offering WIFI use to its guests).
• Furthermore, no rate provision notification is required for customised solutions for companies.

4. In which form should the notification be made?

Notifications to the Office for Communications must be sent by e-mail to [email protected]. 

The following points must be observed when making a notification:

• The subject line of the e-mail must contain the name of the notifying provider and indicate that it is a notification according to Art. 15 para. 1 VKND.
• The e-mail text must explain whether it is an initial notification or a change notification.
• GTCs and rate provisions must be sent as a Word and PDF document in the e-mail attachment.
• In cases of change notifications for GTCs and rate provisions, the changed provisions must be highlighted in a Word document using Track Changes or must otherwise be clearly and comprehensibly identified.
• In addition, it is requested that the final version (the version which you intend to use in your business transactions) of the GTCs or rate provisions be submitted as a PDF document.

5. Which deadlines apply for notification?

For new notifications or amendments to the General Terms and Conditions (GTC) or Tariff Regulations (TR) that exclusively benefit the customer (so-called “exclusively beneficial amendments,” where no single provision of the GTC or no charge or tariff is amended to the customer’s detriment), it is sufficient to submit the GTC or TR to the Office for Communications (AK) no later than at the time they take effect (“notification before their application”; see Art. 15 para. 1 VKND).

For amendments to the GTC or TR that are in any way disadvantageous to the customer, either in part or in full (so-called “non-exclusively beneficial amendments”—even if only one of several provisions in the GTC or TR is amended to the customer’s detriment), the GTC or TR must be submitted to the AK at least three months before they take effect (“notification and publication period of three months”; see Art. 15 para. 3 VKND).

Additionally, providers must notify end users of any changes to the contractual terms at least one month in advance. At the same time, they must inform end users of their right to terminate the contract without additional costs if they do not agree to the new terms. The right to terminate may be exercised within one month of receiving the notification. The notification must be made in a clear and comprehensible manner on a durable medium (see Art. 17 para. 7 VKND).

The extraordinary right of termination does not apply in cases where the proposed changes are exclusively beneficial to the end user, are purely administrative in nature with no negative impact on the end user, or are mandatory and immediately required due to changes in the legal framework (see Art. 17 para. 6 VKND).

6. How quickly will the Office for Communications respond?

The Office for Communications (AK) typically processes new notifications and amendment notifications related to General Terms and Conditions (GTC) and Tariff Regulations (TR) within six weeks.

The AK may object to the notified GTC and TR—except with regard to the nominal amount of fees—within six weeks if they do not comply with the Communications Act (KomG), the regulations issued under the KomG, §§ 879 and 864a of the General Civil Code (ABGB), Articles 8 and 11 of the Consumer Protection Act (KSchG), or Article 4 of Regulation (EU) 2015/2120. Such an objection results in the prohibition of further use of the GTC or TR. The authority to review the GTC under other legal provisions remains unaffected.

7. What happens after notification?

The Office for Communications (AK) reviews the notified General Terms and Conditions (GTC) and Tariff Regulations (TR) for compliance with applicable legal provisions. The assessment is based on the VKND, §§ 864a and 879 of the General Civil Code (ABGB), Articles 8 and 11 of the Consumer Protection Act (KSchG), and Article 4 of Regulation (EU) 2015/2120.

The notified GTC and TR are examined by the AK to ensure they include the mandatory minimum content required by law. Providers can verify in advance whether their GTC and TR meet these mandatory requirements using the checklists "Minimum Content of GTC" and "Minimum Content of TR" (see downloadable forms below).

It is recommended that the GTC and TR be reviewed by a legal expert, particularly for compliance with consumer protection regulations, before submission to the AK.

For amendments to GTC and TR, all changes must be clearly marked and traceable.

If the GTC or TR do not comply with the applicable legal provisions, the AK will issue an objection. Such an objection results in the prohibition of further use of the GTC or TR (see Art. 15 para. 5 VKND). The authority to review the GTC under other legal provisions remains unaffected (see Art. 15 para. 6 VKND).

For amendment notifications, the AK reviews only the specific changes made to the contractual terms (GTC, service descriptions, or TR) and any directly related sections. A complete review of all contractual clauses is not conducted in the case of amendments.

8. What consequences does a failure to notify have?

If a provider fails to comply with their notification obligation ("Non-Compliance"), it is considered an administrative offence and triggers non-compliance proceedings. Please note that non-compliance with the notification obligation can be punished with fines and disobedience penalties.  

To accelerate the notification process, please complete and submit the checklist along with the initial notification or change notification regarding your GTCs and/or rTariff Regulations (TR) via email to [email protected].

Notification of rate provisions (initial or change; in German)

Notification of general terms and conditions (initial or change; in German) 

[1] Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union, OJ L 2015/310.

Last amended: 1 February 2025