According to Art.168 Sec 1 Criminal Code the organization of a game in which profits and losses exclusively or predominantly depend on chance or which is expressly prohibited may result in monetary fines of up to 360 times the daily rates* of the conducting person's average daily income or imprisonment for up to six months.
(*The court determines a certain amount of the fine dependent on the economic capacity of the infringer. A daily rate for an individual may range from €4 – €5,000 (approx. US$4,400 – $5,600). Businesses conducting such games are subject to a monetary fine of up to 40 times the business's average daily profit (calculated by dividing the annual return by 360).)
Art.52 Games of Chance Act provides for administrative penalties when violating provisions of this Act.
The conduct of illicit draws is punished by the authority with a fine of up to €22,000 (approx. US$24,646).
The E-Commerce Act includes administrative penalties with a fine of up to €3,000 (approx. US$3,361) in Art. 26, when violating the information requirements (transparent and easy access to the conditions) applicable to prize promotions.
Unlawful conduct of promotional games may be determined as misleading practice under the Austrian Unfair Competition Act, especially if the announced prizes are not awarded.
In such cases civil claims for injunctive relief, for cease and desist and for damages can be filed as well as a claim for publication of the judgment can be made.
Additionally the confiscation of infringing products can be ordered by the authority according to Art. 53 Games of Chance Act.
Finally, there is the possibility that the personal data processing aspects of the promotion could breach GDPR, which has maximum fines of up to the higher of:
- €20 million, or
- 4% of the promoter’s worldwide annual revenue.
Last modified 10 Jan 2019