New Rules on Data Seizure: Study Presented in Krems

Andreas Pollak, partner at petsche pollak and former WKStA prosecutor, is examining how Austria’s new rules on the seizure of data are working in practice. Together with Thomas Ratka and Julia Steinacher, he is conducting  a research project at the University for Continuing Education Krems analysing the case law of the four Austrian Higher Regional Courts under the new framework, in force since the beginning of 2025.

On 11 June 2026, the team presented its first findings at a criminal law conference in Krems. Based on around 80 appellate decisions, the study shows that the new rules have had a material effect: prosecution authorities must define precisely which data they seek, the courts review these orders in detail, and the much debated use of data has been substantially restricted.

The findings attracted considerable media attention, including coverage in the Austrian daily KURIER. The full study by Pollak, Ratka and Steinacher will be published in September.

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