Outlook for 2026

The dance of the economy

“Everyone waltz!” – a call that marks the transition from order to movement. As Austria enters the ball season at the beginning of the year, the economic landscape is also changing: faster, more complex, more unpredictable. Step sequences that were still safe yesterday have to be re-choreographed today.

At a time when geopolitical developments, new regulations, and technological upheavals are increasing the pace, one thing holds truer than ever: Those who understand the rhythm remain confident. And those who rely on dependable legal guidance maintain their orientation even in dynamic phases.

We are kicking off the year with a concise overview of those developments in commercial law that will significantly shape 2026 – and show how you can actively help shape the new choreography.

In this section, our lawyers offer an outlook on the innovations in their respective fields of law in 2026:

Digitalization – digital deregulation?

EU Commission plans easing measures for AI

The EU’s AI Act, which represents the world’s first legal framework for artificial intelligence, is already the subject of reform efforts even before its provisions have fully entered into force. Specifically, as part of the EU Commission’s comprehensive digital package, the so-called “Digital Omnibus on AI” was proposed. The Commission’s stated goal is to achieve one thing above all else: Regulation should not become an obstacle to innovation.

On the one hand, the proposed Omnibus Regulation in the field of AI stipulates that the provisions concerning high-risk AI will only come into force once the EU has created effective support instruments and standards that facilitate implementation in practice. This is intended to give companies in this sector more time to prepare for the start of application of the obligations with the appropriate resources. Application is planned only from August 2027, rather than already in 2026.

On the other hand, changes are planned for SMEs and small mid-cap companies (SMCs). The reform proposal contains targeted relief measures for these companies with the aim of reducing their administrative costs.

A paradigm shift is also emerging with regard to the AI literacy obligation, which has been the subject of many discussions. Instead of a direct obligation for AI companies to provide comprehensive training for their employees, the EU Commission and member states will in the future have a general obligation to provide support and funding in this area.

The planned reform must first go through the EU legislative procedure. It therefore remains open when the reform will actually be implemented – but one thing is already clear: Significant course-setting decisions for the future of AI regulation in Europe are expected over the course of this year.

Insolvency law – new developments regarding managing director liability

In its ruling 17 Ob 2/25f, the Austrian Supreme Court clarified the liability of managing directors for delayed filing of bankruptcy.

According to previous common practice, the insolvency administrator’s liability claim against the managing director due to delayed insolvency filing was limited to the so-called quota damage. The Supreme Court has now clarified that this does not constitute damage that can be actively pursued by the insolvency administrator, but rather only by the creditors themselves, outside of the insolvency proceedings. The insolvency administrator, by contrast, is entitled to claim the operating loss, which reflects the damage to the company itself. In doing so, the assets of the company harmed by the delayed or omitted filing for insolvency must be compared, after the damage has occurred, with the hypothetical assets that would have existed had the insolvency application been filed in a timely manner.

Based on previous experience, it can be assumed that the operating loss to be claimed will generally be higher than the quota damage.

Life sciences & health law – social egg freezing

In 2025, the Austrian Constitutional Court ruled that the blanket ban on social egg freezing was disproportionate in light of Article 8 ECHR (right to respect for private life) and therefore unconstitutional (VfGH October 6th, 2025, G 52/2025).

The current legal situation will cease to apply on April 1st, 2027. Until then, the legislator has time to enact a new regulation for the permissibility of “social egg freezing.” Various adjustments are necessary to ensure that the new regulations are constitutional, which the legislator will have to initiate in 2026 so that a constitutionally compliant new regulation can enter into force on April 1st, 2027.

Further information and the entire blog post can be found here.

Environmental proceedings – changes afoot in procedural law

Efficient, flexible, and accelerated approval procedures play a key role in setting the course for an independent, climate-friendly, and innovative future. This not only saves time and money. It also opens up new perspectives, strengthens technological development, and creates the basis for economic stability in Austria and Europe.

Constant efforts for improvement are therefore not surprising. 2026 promises an entire bundle of innovations. The most recent amendment to the General Administrative Procedure Act will unfold its effects in practice for the first time, and this year – three years after it was first announced – a Renewable Energy Expansion Acceleration Act is expected to be passed. Furthermore, an amendment to the Environmental Impact Assessment Act is also intended to implement long‑standing demands from practitioners (cf. for the latter, e.g., Measure 60 of the recently published Industry Strategy Austria 2035).

Sustainable progress requires forward-looking procedural design. We are fighting for you on all levels, both in (legal) political discourse and in individual project approval procedures – of course, also this year.

Public procurement law – changes in 2026

With the Public Procurement Act 2026, Austrian public procurement law will be comprehensively modernized:

• Restructuring of the fee regulation in procurement-specific legal protection, including the introduction of fee categories.
• In the future, it will be sufficient for reliability and performance to be demonstrated by the expiration of the deadline set for the submission or completion of evidence, at the time of database access by the contracting authority, or by the expiration of the deadline set for remedying deficiencies.
• Public contracting authorities may now also reject suitability-relevant subcontractors without automatically excluding the bidder from the procurement procedure.
• The conclusion of a framework agreement is now expressly considered as an award decision.

Public procurement law – changes to grounds for exclusion and self-cleaning

With regard to the grounds for exclusion, the Public Procurement Act 2026 introduces the following changes in particular:

• Expansion of criminal offenses to include anti-competitive agreements in procurement procedures, training for terrorist purposes, abuse of official authority, and breach of official secrecy.
• Mandatory exclusion of entrepreneurs who have already been excluded from participation in public procurement procedures in another EEA state.

With regard to self-cleaning, the following innovations in particular arise:

• There is no obligation to agree to compensation for damages while investigations into unlawful collusive practices are still ongoing.
• Clarification that active and ongoing cooperation must in any event also take place with the public contracting authority.
• Exclusion periods set in final decisions by courts or administrative authorities in Austria and other EU member states are now also decisive.

Life sciences & health law – EU Pharma Package finalized

2026 brings clarity with regard to far-reaching changes in the EU pharmaceutical sector. The agreement reached between the Council and the Parliament at the end of 2025 on the “Pharmaceutical Package” fundamentally reforms the legal framework: In the future, companies will benefit from eight years of data protection plus at least one year of market protection – and up to two years for innovative medicinal products. Another new feature is the expanded “Bolar exemption” for generic manufacturers. To combat antimicrobial resistance, a transferable voucher will be introduced, granting developers of priority antibiotics an additional year of protection. The package also includes measures aimed at ensuring the availability of medicinal products.

The final texts of the legislative acts will be the subject of extensive discussion and key preparatory steps at European and national level in 2026.

Criminal defense & white-collar crime – environmental criminal law is being significantly tightened

The EU is taking environmental criminal law to a new level. With Directive (EU) 2024/1203, the European legislator is sending a clear signal: Environmental violations will be prosecuted more effectively and punished more severely in the future. Companies should address the new risks at an early stage.

New EU directive: implementation by May 2026

The new directive on the protection of the environment through criminal law has been in force since May 2024 and must be transposed into Austrian law by May 21st, 2026. It replaces the previous directive from 2008 and responds to what the EU considers insufficient enforcement of environmental law. The aim is to establish a uniform minimum standard across the EU for environmental criminal offences and sanctions.

Find out what companies need to know for 2026 in the latest article on our website.

Environmental law – promotion of the circular economy enters the next round

At both EU and national level, the circular economy continues to be promoted.

Most recently, the EU Commission published an implementing act to establish end-of-waste criteria for plastics. Its adoption is planned for the fourth quarter of 2026. Also scheduled for 2026 is the adoption of the Circular Economy Act, a package of measures announced by the European Commission to strengthen the circular economy in the EU.

At national level, the year began with the publication of the consultation draft of the Excavated Materials Ordinance. In addition to the adoption of accompanying regulations to implement the EU Batteries Regulation and the EU Packaging Regulation, the Waste Management Act 2002 is to be comprehensively deregulated in 2026 in order to increase procedural efficiency and promote the circular economy.

Real estate law – new developments regarding indexation clauses in continuing obligations

With the Civil Law Indexation Adjustment Act (ZIAG), the legislator responds to legal uncertainties relating to value protection clauses.

These legal uncertainties were triggered by indexation clauses in rental agreements. After the Austrian Supreme Court initially declared certain indexation clauses in rental agreements to be inadmissible, it clarified in a more recent decision that indexation clauses without a prohibition on rent increases in the first two months after conclusion of the contract do not, after all, violate the Consumer Protection Act and are therefore valid.

This recent ruling has now been enshrined in law with the Civil Law Indexation Adjustment Act (ZIAG) through corresponding amendments to the Consumer Protection Act. In addition, more precise standards for the substantive review of indexation clauses have been established.

These changes must be taken into account in the case of continuing obligations in the B2C sector.

Further developments in rent adjustment

Since January 1st, 2026, the Rent Value Protection Act (MieWeG), a new law regulating rent adjustments, has been in force. For residential leases that fall within the full or partial scope of the MRG, the rent may only be adjusted once a year, namely on April 1st. This also applies to subleases. Inflation (measured by the 2020 Consumer Price Index) may be fully taken into account up to 3%, while any inflation above 3% may only be passed on at 50%. For residential leases to which the rent control provisions of the MRG apply, the increase is capped at 1% for 2025 and 2% for 2026.

In addition, tenants’ claims for reimbursement due to an invalid value protection agreement have been limited to five years.

The minimum fixed term for rental agreements has been increased from three to five years if the landlord is an entrepreneur within the meaning of the Consumer Protection Act (KSchG).

The new rules apply both to new leases and to existing leases when reviewing rent adjustments.

Commercial and corporate law – increasing the share of women on supervisory boards of listed companies

To implement Directive (EU) 2022/ 2381, a government bill for the Austrian Corporate Law Management Positions Act (GesLeiPoG) was submitted to the National Council on December 10th, 2025. The bill stipulates that the supervisory boards of listed stock corporations and the administrative boards of listed SEsmust achieve a minimum quota of 40% women and 40% men. Previously, the quota was 30%. In addition, the supervisory board will be able to set individual quantitative targets to improve gender balance among the members of the executive board. For non-listed companies with more than 1,000 employees, the existing quota rule for supervisory boards will remain unchanged. As before, violations of the quota will result in the nullity of the appointment or delegation to the supervisory board.

The new regulations are to apply to elections and appointments to the supervisory board after June 29th, 2026. Existing supervisory board mandates will remain unaffected.

Austria has already been in default with the implementation of the directive since the end of 2024.

Commercial and corporate law – new legal form planned for start-ups

The Draghi Report 2024 warned of Europe’s declining competitiveness. The fragmentation of corporate law across 27 legal systems creates unnecessary hurdles, especially for startups. Two solutions are being discussed:

1. The 28th regime as an additional legal framework alongside the 27 national legal systems with the “Societas Europaes Unificata” (S.EU), a harmonized national legal form allowing digital incorporation within 48 hours with a minimum capital of one euro.
2. The EU-Inc. initiative, supported by EU Commission President von der Leyen, calls for a new European corporation for simplified investments, employee participation, and expansion.

On January 20th, 2026, the European Parliament adopted recommendations, with members insisting on the 28th regime; a proposal from the Commission is expected in March 2026. It remains to be seen whether 2026 will bring a new legal form.

Data protection and digitization – NIS-2 is now becoming a serious matter!

On October 1st, 2026, the so-called NISG 2026 (federal law enacting the Federal Act on Ensuring a High Level of Cybersecurity of Network and Information Systems [Network and Information Systems Security Act 2026 – NISG 2026]) will come into force, requiring companies from 18 critical sectors (section 2 NISG 2026) – including energy, health, information technology, finance, and public administration – to introduce comprehensive technical and organizational cybersecurity measures.

The scope of application covers both companies with at least 50 employees and EUR 10 million in turnover or total assets, as well as companies that are covered regardless of their size because they operate in particularly critical sectors (“size cap rule,” section 24(1) NISG 2026). Mandatory measures include risk analyses, appropriate security measures, reporting of significant security incidents, annual self-declarations, and external audit reports. Violations are punishable by fines of up to EUR 10 million or 2% of global annual turnover (section 45(2) NISG 2026). Oversight will be conducted by the new Federal Office for Cybersecurity (section 3a NISG 2026).

It is now high time to determine whether your company is affected and what concrete steps are required. Our IT team is ready to assist!

Disclaimer

This article is for general information only and does not replace legal advice. Haslinger / Nagele Rechtsanwälte GmbH assumes no liability for the content and correctness of this article.

 

11. February 2026

 

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