TKG § 165 (Austrian Telecommunications Act)
TKG § 165 is the section of the Austrian Telecommunications Act that governs the conditions under which cookies and similar technologies may be stored on or read from user devices – as a rule, only after users have given informed consent.
In practice
Section 165(3) TKG 2021 transposes Article 5(3) of the ePrivacy Directive into Austrian law and, together with the GDPR, forms the legal basis for cookie banners and consent management platforms. Strictly necessary cookies, for example for login sessions or shopping baskets, are exempt.