FAQ: Legal
Legal questions about imprint requirements, data protection, service of documents and authority requirements.
Does the business address meet the imprint requirement under the E-Commerce Act?
Yes, the address meets all requirements of the Austrian E-Commerce Act for an imprint address. It is a physical address with full legal capacity for service of documents, where mail can be delivered. The law requires a geographic address, and a post office box is not sufficient.
Is using a business address compliant with data protection law?
Yes, using a separate business address is even recommended from a data protection perspective. It protects your private home address from being published in registers and the imprint. postservice.at processes your personal data in line with data protection law.
What does 'capable of receiving service of documents' mean for an address?
It means that official documents, lawsuits and summonses can be legally served at this address. The address must be a real physical one where mail is actually received.
What types of service of documents exist in Austria?
Austria has regular service, RSa service (delivered only to the recipient in person) and RSb service (also delivered to authorised representatives). For official deadlines, the relevant point is when service is deemed to have taken place (deemed service upon deposit at the post office).
What is deemed service and how do I protect myself against it?
Deemed service means that a deposited document is considered served even if you did not collect it. Deadlines run from the day of deposit. Protect yourself by ensuring your mail is reliably received, for example through the Premium service with RSb acceptance.
Can I have my private address removed from the commercial register?
The managing director's address is not published in the commercial register, only the company's registered seat. By using a business address as the registered seat, your private address does not appear in public registers. The business address from postservice.at separates the private and the business sphere.
Do I have to report the business address to the tax office?
Yes, the tax office must be informed of your registered company seat. If a business address is used as the official seat, it must also be reported to the tax office. The competent authority is determined by the company's location.
Are there legal differences between an owned and a rented address?
No, there is no legal difference. A rented business address is just as capable of receiving service of documents as your own office address. What matters is that mail can actually be received and that the address is not a mere sham address.
What obligations do I have regarding reachability?
As an entrepreneur, you must be reachable by post at your business address. Official documents must be able to be served. With a virtual office address, the provider handles mail receipt and ensures reachability.
Can the trade authority inspect the business address?
Yes, the trade authority can inspect the stated place of business. Since the address of postservice.at is a real physical address with a company sign and active mail receipt, there are no grounds for objection.