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Global Data RulesData governance rules, country by country

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AustriaChecked 18 August 2026
Yes, with paperworkWork: HighEnforcement: Active
In one paragraph
Austria does not require personal data to be kept in Austria, and we found no Austrian industry that does. Data can leave once the right paperwork is in place under European rules. What Austria adds is a secrecy layer: a constitutional right to data secrecy, a staff secrecy duty, an extra fine of up to 50,000 euros (about $58,000), and a prison offence of up to one year.
The catch
"No local storage needed" is true. "Nothing extra to do" is not. Austria's real cost sits in the secrecy layer, not in a map. A standard supplier data agreement does not satisfy Austrian data secrecy on its own, a child can consent at fourteen rather than sixteen, and misusing data you learned at work is a criminal matter in Austria, not just a fine. Health data also moves only inside a closed, encrypted Austrian health network, which in practice narrows your supplier list even though no law names a country.
Does this apply to me?
Yes. A company with no office in Austria is still caught if it offers goods or services to people in Austria, or watches what they do online. There is no size or revenue floor to duck under. If you have no establishment anywhere in the European Union, you must name a representative inside the Union in writing. Austria does not add a second, Austria-only representative on top of that.High confidence
Can the data leave the country?
Yes, with paperwork. We looked for an Austrian rule forcing data to stay in Austria and found none — not in banking, payments, insurance, securities, health, telecoms, government or mapping. Austrian health data is the closest thing to a wall, but it is a technical wall, not a geographic one: findings move only inside a closed, encrypted Austrian health network between registered care providers. Checked on 18 August 2026.Medium confidence
What do I have to do to send it abroad?
The model is an approved-destination list. Sending data outside Europe is fine if the destination is on the European Commission's approved list. If it is not, you sign the European standard contract, or use approved group-wide rules, and you write down a short risk assessment first. You do not need permission from the Austrian regulator. Its own words: apart from a few special cases, international data traffic needs no approval.High confidence
Who enforces this — and are they actually working?
The Austrian Data Protection Authority, and it is genuinely working. It has had a permanent head, Matthias Schmidl, since 1 January 2024, a deputy, and five departments. It issues decisions, and on 24 June 2026 Austria's highest administrative court confirmed a 13 million euro fine (about $15 million) for building political-opinion profiles on around 2.2 million people. The court held the fine is measured against the whole group's turnover, not one product line.High confidence
How long must I keep it, and when must I delete it?
There is a ceiling and a floor, and they pull against each other. The ceiling is European: keep personal data no longer than you need it, then delete it. The floor is Austrian tax and company law, which makes you keep books, invoices and business records for years after the year they relate to. Where the two clash, the keeping duty wins for as long as it runs, and the data must then be deleted.Medium confidence
What happens when something goes wrong?
Count at least two clocks, sometimes four. For a personal data breach you tell the Austrian Data Protection Authority without delay and if possible within 72 hours, and if you are late you must explain in writing why. If you run an essential service you also report significant incidents to Austria's network security authority. Banks and insurers report separately under European financial rules, and telecom operators have their own duty.High confidence
What's the trap?
Five that cost people their weekend. A child can consent at fourteen in Austria, not sixteen. Misusing data you only learned about through your job is a crime punishable by up to a year in prison. There is a second, separate Austrian fine of up to 50,000 euros (about $58,000) for breaking data secrecy or running a camera unlawfully. Austrian public bodies cannot be fined at all, but you still can. And the law tells the regulator to warn first, which is not the same as forgiveness.High confidence
What's about to change?
Three things to watch. Austria's Constitutional Court is deciding whether the state may plant software on a phone to read messages; it heard the case on 22 June 2026 and has not ruled. Austria has still not written the new European cybersecurity rules into national law, so that expansion is still ahead of you. And from 12 January 2027, cloud providers across Europe may no longer charge you to move your data out.High confidence
Hardest industry wall
None found.
United StatesChecked 18 August 2026
Depends on your industryWork: HighEnforcement: Active
In one paragraph
In general the United States lets data go anywhere. There is no national privacy law and no permit is needed to move data abroad. Two things bite hard. Six countries are effectively off limits for large amounts of sensitive data, with prison sentences attached. And anything connected to government work must physically stay on American soil.
The catch
The open headline stops the moment you touch one of six areas: government contracting, police records, federal tax records, defence technical data, telecom licences, and bulk sensitive data flowing to China, Russia, Iran, North Korea, Cuba or Venezuela. Also note that the rule that actually binds you is almost always a state law or an industry regulator's rule, not a national privacy act. There isn't one.
Does this apply to me?
Yes. American rules reach a foreign company with no office in the country. California's privacy law applies to any for-profit business that 'does business in California' and crosses one of three thresholds, and physical presence is not one of them. The children's rule covers foreign websites aimed at American children. No state and no federal law requires you to appoint a local representative — a real difference from Europe.High confidence
Can the data leave the country?
It depends entirely on your industry, so the single national answer is misleading. For ordinary consumer or employee data, yes — send it anywhere, no paperwork. But six sectors have hard walls. Government contracting, police data, federal tax data and defence work require the data to physically stay in the United States. Telecom licences restrict which foreign staff may even look at records. And for anyone, sending large volumes of sensitive data to six named countries is now a crime.High confidence
What do I have to do to send it abroad?
For ordinary data, nothing. No standard contract, no government approval, no destination approval list. The model is a blocklist and it is now populated: six countries are named. Before you move large volumes of sensitive data, your only real job is to work out whether a country of concern, or a company or person they control, could end up with access — including through a vendor, an investor or an employee.High confidence
Who enforces this — and are they actually working?
Nobody, and everybody. There is no national privacy regulator. Instead the consumer protection regulator, the health department, the securities regulator, the communications regulator, the Justice Department, all fifty state attorneys general and one dedicated state privacy agency each enforce a slice. Almost all of them are visibly working right now. The one exception is the new national data transfer programme: it is staffed and issuing guidance but has published no enforcement action yet.High confidence
How long must I keep it, and when must I delete it?
There is a strong floor and a weak but growing ceiling. Investment firms must keep some books for six years and most others for three, with the first two years easy to reach. Health providers keep their paperwork for six years. In the other direction, state privacy laws now force you to publish how long you keep each type of data and to stop keeping it longer than you said, and since April 2026 children's data may no longer be kept indefinitely. Where a keep-it rule and a delete-it rule collide, the keep-it rule wins: every state law carves out data you are required by law to retain.High confidence
What happens when something goes wrong?
Count the clocks — there are at least seven, and they disagree. New York financial firms: 72 hours to the state regulator, and only 24 hours to report paying a ransom. Telecom carriers: seven working days to the police agencies and the communications regulator, and you may not warn customers until seven working days after that. Investment and finance firms: 30 days to affected customers. Health organisations: 60 days. Texas and many other states: 30 days to the state attorney general. Listed companies: four working days to disclose a material incident. The overlap, not any single deadline, is what people fail.High confidence
What's the trap?
Five that cost people their weekend. One: the national data transfer programme carries prison — up to twenty years for a deliberate breach. Two: Illinois lets individuals sue over fingerprints and face scans with fixed damages per person, no proof of harm needed, and that is where the largest privacy payouts happen. Three: the children's rule uses under 13, but several state laws use under 18, so a single age gate will not do. Four: government work means American soil, and police data allows only the United States, its territories, tribal lands and Canada. Five: a rule can be printed in the law book and still be unenforceable, because a court has blocked it.High confidence
What's about to change?
Four things in the next twelve months. The national critical infrastructure reporting rule should be finalised in late 2026, which will switch on a 72-hour incident clock and a 24-hour ransom-payment clock for a very wide range of businesses. California's rules on automated decision-making bite on 1 January 2027. The open banking rule is being rewritten after a court blocked it. And a federal privacy bill is moving in Congress, but it is only a bill and binds nobody.High confidence
Hardest industry wall
  • Government Criminal Justice Information Services (CJIS) Security Policy
  • Government Publication 1075, Tax Information Security Guidelines for Federal, State and Local Agencies
  • Defence Defense Federal Acquisition Regulation Supplement clause 252.239-7010, Cloud Computing Services
  • Telecoms National security agreement / letter of assurance conditioning a section 214 authorisation, reviewed by the Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector