Subscriber data

(1) On order of the competent bodies, providers of digital services may, in an individual case, disclose information on subscriber data insofar as necessary to enforce intellectual property rights.
(2) The provider of digital services may further, in an individual case, disclose information on subscriber data held by it insofar as necessary to enforce civil-law claims arising from the infringement of absolutely protected rights on account of unlawful audiovisual content, or on account of content that fulfils the elements of an offence under sections 86, 86a, 89a, 91, 100a, 111, 126, 129 to 129b, 130, 131, 140, 166, 184b, 185 to 187, 189, 201a, 241 or 269 of the Criminal Code and is not justified. To that extent, the provider is obligated to disclose the information to the injured party.
(3) Disclosure of the information under paragraph 2 requires a prior judicial order on the permissibility of the disclosure, to be applied for by the injured party. The court decides at the same time on the duty to disclose, unless the application is expressly limited to the order on the permissibility of the disclosure. The Regional Court has jurisdiction to issue this order, irrespective of the value of the matter in dispute. The court with local jurisdiction is the one in whose district the injured party has their residence, seat or an establishment. The decision is taken by the civil chamber. The provisions of the Act on Proceedings in Family Matters and in Matters of Non-Contentious Jurisdiction apply accordingly to the procedure. The injured party bears the costs of the judicial order. An appeal (Beschwerde) lies against the decision of the Regional Court.
(4) The provider of digital services must be joined as a party to the proceedings under paragraph 3. It may inform the user of the commencement of the proceedings.