- Enforcing jurisdiction
- Austria · Geography does not establish applicable law.
- Confirmed applicable legislation
- Privacy topics
Controller (subsidiary of parent company) – Court Ruling (Austria, 2026)
Privacy enforcement record
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An Austrian court overturned a fine against a parent company for its subsidiary's handling of customer data. The court found that the parent company did not have enough control over the data processing to be considered a joint controller. This decision clarifies the responsibilities of parent companies regarding their subsidiaries' data practices.
What happened
The court annulled a fine against the parent company, stating it was not a joint controller of customer data processed by its subsidiary.
Who was affected
The parent company and its subsidiary, which managed customer data for a loyalty program, were involved in this case.
What the authority found
The court held that the parent company did not exercise sufficient influence over the data processing to be classified as a joint controller under GDPR.
Why this matters
This ruling sets a precedent for how parent companies are viewed in relation to their subsidiaries' data processing activities. Companies should ensure they understand their level of involvement in data management to avoid liability.
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Secondary-source text retrieved.
Automated check recorded — 17 May 2026.
Processing notes: articles corrected, authority corrected.
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The parent company operated a customer loyalty programme through its subsidiary, the controller, starting 2 May 2019. The controller managed the operational business and processed personal data of registered customers, including profiling activities based on customer data. The controller designed the profiling consent forms, determined the data processing activities, prepared the privacy documentation, implemented technical and organisational measures, and established GDPR compliance processes. The parent company only financed the controller. On 12 October 2021, the Austrian DPA fined the parent company €8,000,000. The DPA considered the parent company and the subsidiary to be joint controllers under Article 26 GDPR. It held that the consent forms used for profiling did not meet the requirements for valid consent under Article 4(11) and Article 7 GDPR. It further held that the profiling lacked a valid legal basis under Article 6(1) GDPR because the consent was invalid. The parent company appealed. The Federal Administrative Court annulled the fine and terminated the proceedings. The DPA then appealed to the Austrian Supreme Administrative Court. First, the court referred to the case law of the Court of Justice of the European Union on the concept of controller under Article 4(7) GDPR and joint controllership under Article 26 GDPR. The court noted that a party qualifies as a controller only if it actually influences the purposes and means of the relevant processing operations. Merely establishing and financing a subsidiary did not automatically create joint controllership, as the parent company didn't exercise actual influence over the specific processing activities. As a result, the parent company was not a joint controller under Article 26 GDPR. Second, the court also rejected the DPA’s reliance on CJEU judgments such as Jehovan todistajat, Fashion ID and others, as those cases involved direct influence over concrete processing operations, which was absent here. Finally, the court rejected the DPA’s appeal.
Outcome
Court Ruling
A ruling by a national court on a data-protection matter.
Related Cases (0)
No other cases found for Controller (subsidiary of parent company) in AT
This is the only recorded case for this entity in this jurisdiction.
Details
About this data
Cite as: Cookie Fines. Controller (subsidiary of parent company) - Austria (2026). Retrieved from cookiefines.eu
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