Apply the national rule until the legislature changes it

Ask the parties to choose which rule they prefer

Apply neither rule

Disregard the conflicting national rule in that case

You whatsapp an online seller “Is this still available”? 

A car is advertised for sale for € 10.000.,-. You say to the seller that you want to buy it for € 9.500,-

You display a product in your shop and show it to be for sale for € 500,-

You put the goods you wish to buy in a grocery store on the cashier’s desk without saying a word

If the buyer is a consumer, he or she has the right to withdraw from the contract within 14 days

You must have a compulsory insurance for any smart device

If the buyer is a consumer, he or she must confirm the obligation to pay right before the contract is concluded

You can go ahead. Austrian contract law is very old and does not apply to online transactions 

It exempts certain areas from the applicability of the GDPR.

It is a provision within the GDPR stating that the GDPR is applicable for controllers located in third countries even if they are not processing personal data of data subjects within the European Union.

It is – by itself – a legal basis for processing, such as consent or the fulfilment of a contract. 

It enables member states to enact individual privacy laws within the scope of the respective opening clause.

Defect

Adequate causation

Compensable damage

Fault

Rules that have passed a formal legislative procedure are law irrespective of whether they are considered reasonable by everybody.

Moral rules can be considered as binding law.

Social rules that have not passed a formal legislative procedure can be law if they are followed by everyone.

Technical standards may serve as a guideline, but are usually not considered to be “law”.

A legal basis under the GDPR is required for manually writing a note on a sheet of paper.

Each processing activity that falls under the GDPR requires a legal basis for processing.

For every processing of personal data, the prior consent of the data subject must be obtained.

The GDPR differentiates between legal bases depending on whether the data concerns “simple” personal data or special categories of data.

Areas outside the scope of European Union law, especially relating to national security.

Private area (use for private purposes).

AI systems that have been developed outside of the European Union, irrespective of whether they are put to the EU market.

AI developed and deployed by startups with fewer than 5 employees. 

Liability for immaterial damages.

Prohibition of processing for non-legitimate purposes.

Prohibition of automated decision-making, including profiling.

Mandatory AI system approval by the European Data Protection Board before deployment.

Allocating risk from certain dangerous activity even without fault

Guaranteeing compensation for intentional harm

Replacing insurance law 

Punishing criminal behaviour