Austria Data Protection Act (DSG) - Section 24 (6)


Respondent can remedy alleged infringement while proceedings are pending and complainant must explain why they consider infringement not remedied, otherwise procedure is discontinued.


A respondent may, pending the conclusion of the proceedings before the data protection authority, subsequently remedy the alleged infringement by complying with the complainant's requests.  If the data protection authority considers the complaint to be unfounded, it must hear the complainant.  At the same time, he should be made aware that the data protection authority will informally discontinue the procedure if he does not explain within a reasonable period of time why he still considers the originally alleged infringement to be at least partially not remedied.  If the essence of the matter is changed by such a statement by the complainant (section 13 (8) AVG), it is to be assumed that the original complaint will be withdrawn and a new complaint will be filed at the same time.  In this case, too, the original complaint procedure is to be discontinued informally and the complainant to be informed.  Late statements are not to be considered.

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