Area of expertise

For data controllers who process personal data

• Who will create a privacy policy, a data protection notice or privacy policy for me?
• What added value does a data protection impact assessment have?
• Do I have to appoint a data protection officer? What agreement do I have to conclude with a data processor?

For data subjects whose personal data are processed

• A dissatisfied customer floods review platforms on the internet with untrue claims. How can I salvage my reputation?
• If I forget to pay an invoice once, I will be listed as not creditworthy in the databases of creditor protection associations (e.g. KSV, AKV, ÖVC). Am I entitled to have my entry corrected or deleted?
• I would like to pimp my new BMW with a dashcam. Is that a problem?

Reasons for Schmelz lawfirm

• Digitalization is leading to the increasing networking of personal data. Big data, the Internet of Things and artificial intelligence have become the present. The General Data Protection Regulation (GDPR) and the national Data Protection Act (DPA) must be observed. We help you to navigate these extensive and complicated regulatory complexes.
• We support entrepreneurs in putting their business in an adequate data protection framework and avoiding fines that could potentially threaten their existence.
• We also support data subjects whose data is being processed unlawfully. On their behalf, we lodge complaints with the data protection authority and enforce claims for injunctive relief and damages in court.

We are your point of control.

For Foreigners who seek to live and work in Austria

• What are the requirements for acquiring Austrian citizenship?
• I would like to work in Austria. How do I obtain an employment permit as a key worker?
• Can I move freely within the Schengen area with my visa?
• Do I meet the requirements to obtain a Red-White-Red Card or a Red-White-Red Card Plus?

For Refugees and Asylum Seekers

• My asylum application was rejected. What legal action can I take?
• The immigration police are investigating me. What rights do I have?
• I am threatened with deportation. How can I avert this?
• I have been granted asylum in Austria. How does family reunification work?

Reasons for Schmelz lawfirm

• We represent foreigners who wish to come to Austria to study or work here on a dependent basis. Our partner Danijel Ivkovic is an experienced migration lawyer and has already obtained several leading decisions from the Administrative Court.
• If you want to do business in Austria, we offer full-service solutions: From founding a company to ongoing legal and commercial support for your business to dealing with your immigration law issues.
• Before becoming a lawyer, our partner Eva Schmelz worked at the organization "Asyl in Not" and at the Independent Federal Asylum Board in Vienna, which used to be the court of appeal in asylum matters. She knows asylum law not only from the perspective of a lawyer, but also from that of the authorities.

Find your new referencepoint.

Litigation for Plaintiffs and Applicants

• What claims am I entitled to if my doctor has committed malpractice or has not informed me properly?
• After renovating my house, numerous building defects were discovered - it smells of botched work.
• What should I do if I have had a traffic accident? Who pays for the repairs to my car? How much compensation for pain and suffering am I entitled to?

Litigation for Defendants

• I am a doctor. A former patient claims that I have committed malpractice. How do I efficiently defend myself against a potential medical malpractice claim?
• I have been served with an order for payment. How do I make my voice heard and defend myself effectively?
• My tenant is demanding high repayments from me because I am allegedly charging too much rent. How do proceedings before the arbitration board work? What are the consequences of a rent review?

Reasons for Schmelz lawfirm

• Due to our previous professional experience in one of the largest Austrian law firms, we are experienced in dealing with complex cases and high amounts in dispute, for example in the settlement of major claims.
• We work together with all well-known legal expenses insurance companies in Austria and are happy to clarify the issue of legal costs , such as court fees and lawyers' fees, directly with your insurance company.
• Our partner Dorian Schmelz is co-author of the legal reference work "templates for civil proceedings". You can rely on our expertise in litigation law.

How do we quickly reach the endpoint?

For residents and operators of retirement and nursing homes

• Who checks my care home contract before I sign it?
• As a resident, do I still have to pay the home fees even if I am on vacation or in hospital?
• Under what conditions are measures that restrict freedom, such as cribs, permissible?

For patients and those wanting to take precautions

• I want to die with dignity and refuse to be kept on life support for years. How do I formulate a living will that pursues this goal?
• My descendants should not run the risk of falling out over my assets. How can I plan my estate succession in advance?
• If the worst comes to the worst, I would like to be represented by someone I trust. Who will draw up an appropriate power of attorney for me?

For people with mental disorders and their relatives

• I would like to act as my parents' elected adult representative. What action do I need to take?
• It seems that relatives are taking advantage of a relative with dementia. How can I take action against this?
• I am looking for a professional and independent adult representative (formerly: guardian) for a loved one, who will take care of my contact with the authorities and social insurance providers, has experience in asset management and is not impressed by personal attacks from other relatives.

Reasons for Schmelz lawfirm

• Only around four percent of all Austrians have made a living will and around two percent of all Austrians have set up a lasting power of attorney. We help you to take your future into your own hands.
• We selectively take on the representation of adults: Especially when there are extensive court or official proceedings, complex financial circumstances or conflicts within the family.
• Our partners Dorian Schmelz and Danijel Ivkovic are co-authors of the "representation and accommodation manual", a practical guide to issues relating to care law, adult representation, residential care and accommodation, nursing home contract law and have both theoretical knowledge and practical experience in these areas.

Be and remain the central point.

For Entrepreneurs and Managing Directors

• Who can help me set up my company - quickly, efficiently and inexpensively?
• As a managing director, I am given instructions that could have considerable disadvantages. Do I still have to follow these instructions or am I at risk of directors' liability?
• What is the best way to defend myself in a shareholder dispute?

For founders of associations and societies, board members and auditors

• What is the best way to formulate my association's articles of association?
• What tax advantages does an association bring? How do I design my association so that it is recognized as a non-profit or charitable organization?
• Can I be personally liable as a member of the association's board?

For Entrepreneurs and Commercial Agents

• I have a great business idea. Which legal form is best suited to implementing my ideas?
• How do I have to design my website so that it is legally compliant and there is no risk of administrative penalties?
• I worked in sales for a company and acquired a lot of customers. What about my compensation claim as a commercial agent?

For Tradesmen

• In my spare time, I occasionally program websites for friends. Do I already need a trade license for this?
• Do I need a certificate of competence under the Trade, Commerce and Industry Regulation Act to carry out my intended trade?
• What are the requirements for being appointed managing director of a company under trade law?

Reasons for Schmelz lawfirm

•  Thanks to our many years of experience in a large Viennese commercial law firm, we have extensive expertise in advising companies of all sizes: We are just as familiar with the problems of young entrepreneurs and start-ups as we are with those of established entrepreneurs, with those of EPUs and SMEs as well as those of large corporations.
• Together with our network partners, we offer entrepreneurs one-stop-shop solutions: You deliver your problem to us, we deliver a complete solution package.
• Our partner Dorian Schmelz passes on his know-how and practical experience as co-author of the specialist book "partnerships in case studiespartnerships in case studies" and the knowledge platform "corporate law online".

The keypoint is sound consultancy.

Concept Development and Contract Drafting

• I am just starting my own business. Who can draw up general terms and conditions for me and check whether my website is legally compliant?
• I am about to buy a condominium. Who will draw up the purchase contract for me? Who will pay taxes and fees for me?
• I would like to give my house to my children, but reserve the right to live in the house until my death. Who will draw up the deed of gift for me? Do I have to pay gift tax or make a gift declaration?

Representation in contract disputes

• I bought a house. Massive building defects came to light during renovation work. Can I hold the seller or the construction company harmless, even if the warranty was largely excluded in the purchase contract?
• Do I have to pay extra costs that were hidden in the general terms and conditions when the contract was concluded?
• The cost estimate I was given was far exceeded. Do I still have to pay?

Reasons for Schmelz lawfirm

• A solid contract can help to avoid conflicts. In most cases, even a short agreement is sufficient to prevent a time-consuming, nerve-wracking and costly dispute. Invest in your future now.
• Sometimes, despite everything, disputes arise from a contractual relationship. In such a case, we will jointly interpret the relevant contract and enforce your contractual claims.
• Our partner Dorian Schmelz is co-author of the legal sample book "Templates for the notary's office", which contains over 260 contract templates.

What are the main points?

For Victims

• I was the victim of a sexual offense. Do I have to face my abuser again in court?
• What are the advantages of a private party connection?
• I am being stalked. What is the best way to defend myself?

For Suspects, Accused and Defendants

• Due to carelessness, I caused a traffic accident with personal injury. I have now been informed that criminal proceedings have been initiated against me. How do I get out of this?
• I have been summoned by the police for questioning. Who will accompany me to this hearing?
• What consequences will a conviction have for my job?

Reasons for Schmelz lawfirm

• Becoming a victim of a crime can be traumatizing. We support you in these difficult times and exercise your rights as a victim representative.
• We advise people who are suspected of having committed a crime. Anyone who thinks that only serious criminals come into contact with criminal law is mistaken. It is often small things that can have serious consequences: Unfounded criminal complaints among quarrelling neighbors, a student caught smoking a joint, less than intelligent tests of courage among teenagers - and the public prosecutor comes knocking.
• The line between creative legal design and abuse of the law is sometimes blurred. Entrepreneurs who want to be on the safe side when designing complex constructs have come to the right place: we provide companies with comprehensive support and economic understanding.

Together we work through your indictmentpoints.

Marriage and partnering

• What is the difference between a marriage and a registered partnership?
• Does it make sense for us to conclude a marriage contract?
• What should we arrange if we are not only a couple in our private lives, but also run a business together?
• We are buying an apartment together. What happens if we separate one day?

Separation and divorce

• My partner and I have grown apart. What do we have to consider in the event of a separation?
• What maintenance do I get if we separate? What if we get divorced?
• How does an amicable divorce work? What do I need to arrange as part of a divorce settlement agreement?
• Help me, divorce war! How do I get out of this? I need a divorce lawyer fast!

Children’s Law

•  We are getting divorced. What do we need to arrange regarding our children?
• I want sole custody. What do I do to get custody?
• What if my partner and I have or want to keep joint custody?
• How much alimony do I have to pay my child? What can I do if my income situation changes? When does my child become self-supporting?

Reasons for Schmelz lawfirm

• Divorce proceedings with all their consequences - from contact with your own child to the division of marital assets - are a highly emotional matter. It is not always easy for those involved to see the wood for the trees. We help you to get a clear view again.
• At the latest when it comes to deciding on custody of joint children, the emotions are bound to run high. This is usually felt not only by both parents, but also by their children. We will guide you through stormy times.
• Our partner Eva Schmelz is one of the next generation of family law and divorce lawyers in Vienna and the surrounding area. She is also the author of the well-known guidebook "Separated Parents - Shared Children: A Guide for Single Mothers and Fathers". She is at your side with help and advice: energetic and determined, but also humane and understanding.

Let’s pinpoint exactly what you are entitled to.

For Creators of Wills and Codicils

• What are the formal requirements for drawing up a will or codicil?
• Does it make sense to register my last will and testament in the register of wills kept by Austrian lawyers?
• Does my spouse have inheritance rights, even if we have already separated? And what about my new partner?
• What are the advantages and disadvantages of dividing my assets among my next of kin during my lifetime?

For Heirs, Persons entitled to a Statutory Share and Legatees

• My spouse has died. Do I now have to move out of our marital home? And what happens to all the household effects?
• Do I have to pay inheritance tax or gift tax as a descendant?
• What do I do if I have been passed over as an heir? Who will file an inheritance law suit or an inheritance lawsuit for me?
• How do I assert my claim to a compulsory portion? Who will represent me if I bring an action for a compulsory portion?

For Founders and Beneficiaries

• When does the establishment of a private foundation pay off?
• What costs are associated with the establishment of a private foundation and its ongoing operation?
• How can I, as a founder, ensure the greatest possible influence on the private foundation?
• How can I enforce my rights as a beneficiary?

Reasons for Schmelz lawfirm

• We advise and support you in planning your estate succession and work with you to draw up your last will and testament: So that your possessions are divided fairly and unpleasant inheritance disputes do not arise in the first place.
• Sometimes it can make sense to set up a foundation, for example if large assets are to be pooled across generations. At the same time, the disadvantages of lengthy probate proceedings can be largely avoided. Let us advise you on the details.
• If you have lost a relative, we will support you in the settlement of estates, the distribution of the inheritance or the enforcement of your rights as an heir or beneficiary of a compulsory portion.

Well-founded provisions to reach the final point.

Mediation: Alternative dispute resolution under the mediation of a neutral person

Especially when parties have to get along in the future - such as former spouses with children together or entrepreneurs in a business relationship - maintaining a relationship of trust is a valuable asset that can be destroyed by dirty court proceedings. Dispute resolution through mediation is often more advantageous in such cases.

The aim of mediation is to resolve a conflict by concluding a binding, forward-looking agreement between the participants. In contrast to court proceedings, the focus is not on the question of whether the parties are at fault. Instead, the aim is to resolve a conflict in an unbureaucratic, flexible and confidential manner. This is facilitated by a mediator who assumes a neutral, mediating role and supports the parties on their way to a joint solution.

Professional negotiator: The cool head in heated situations

When you think of negotiations in German-speaking countries, you immediately think of walking through an oriental bazaar. Yet negotiations are everyday processes: Mostly of modest importance, sometimes of very great significance - for example, if you want to buy or sell a property or a company or settle a muddled court case at the green table.

While it is common in the Anglo-American world to be advised and coached or even represented by professional negotiators in such important negotiation situations, this is still the exception in German-speaking countries. The involvement of an external negotiator has many advantages: they are trained in rhetoric and negotiation psychology and act primarily rationally rather than emotionally. While a mediator is neutral, a professional negotiator is partisan: he is not only literally behind you, but figuratively in front of you in order to maximize your personal success. In this respect, mediation and negotiation offer overlaps and similarities, but differ significantly in some respects.

Reasons for Schmelz lawfirm

• Mediation offers the opportunity to avoid long and nerve-wracking court proceedings that leave scorched earth behind and instead create win-win situations. Our partner Eva Schmelz is a trained mediator and has many years of experience in the alternative resolution of conflicts, particularly in intra-family and relationship settings. She will be happy to support you if you need a neutral mediator to reconcile conflicting interests.
• Would you like to tap into the knowledge of top American and British universities in order to prepare for an important negotiation in a structured way and receive coaching for it - or would you like to bring in an experienced, clear-thinking negotiator? Then our partner Dorian Schmelz can help you.

Let’s find connection points.

For Creators

• Parts of my painstakingly created website are reproduced 1:1 on another website. How should I react to this?
• My book is to be printed. Is the publishing contract presented to me legally correct?
• I would like to grant another person the right to use my work or a license to use my work. What do I need to bear in mind?

For Media Companies and Journalists

• As a journalist, I have received explosive documents. Am I allowed to publish them?
• We are writing about a criminal case. Can we publish the name of the victim?
• Do I have to disclose my informants to the authorities?

For Individuals who are reported about by the media

• Untruths are being spread about me on social media platforms such as Facebook, Instagram or TikTok. How can I stop this?
• Details of my private life are being revealed in the media. What claims do I have against the media?
• I have suffered enormous damage as a result of negative reporting. How can this be made good?

Reasons for Schmelz lawfirm

• Creators of photographs, texts, videos and similar works are usually remarkably creative minds - but not lawyers. We advise you so that your creative work is protected in the best possible way. In the event of a conflict, we enforce claims for injunctive relief, damages and reasonable compensation.
• The line between the right to freedom of expression and the right to respect for privacy is blurred. We advise media companies, journalists and individuals who are in the spotlight of media coverage by defending or enforcing media law and copyright claims on your behalf.
• Negative or untrue reporting can sooner or later cause massive damage and permanently tarnish the reputation of an individual or company. We work with you to develop a defense strategy under the heading of personality protection: fast and uncomplicated. Especially in the case of negative or untrue reporting (keyword "shitstorm"), rapid help is needed to ward off damage that can hardly be repaired.

You and your work are our centerpoint.

For Buyers and Sellers of Real Estate

• Which purchase price is appropriate?
• Who will draw up (or check) my purchase offer quickly?
• Who will draw up a purchase contract that protects me and accompany my house purchase as a trustee?
• Land transfer tax, registration fees and real estate income tax can amount to many thousands of euros. How can I minimize my tax burden?

For Tenants

• Is the rental agreement I have been given legally correct?
• I have mold in my apartment. Can I claim a rent reduction?
• The rent I paid appears to be too high. Can I claim this back?
• My landlord has terminated the tenancy agreement. How can I defend myself against this?

For Landlords

• Am I allowed to agree the rent freely or is a categorized rent or guideline rent applicable?
• Can I demand an investment redemption from my tenant?
• The fixed-term rental agreement expires. Can I extend it without there being a chain rental agreement?
• My tenant is not paying his rent. Who will file an action for rent and eviction on my behalf?

Reasons for Schmelz lawfirm

• Real estate law is our core competence. Our clients include property managers and real estate agents as well as private individuals. Our daily business includes the handling of real estate transactions as well as representation before the courts in tenancy law matters.
• We offer to accompany the entire buying or selling process: By attending viewings, preparing indicative valuations, conducting price negotiations for you and checking purchase offers. Most lawyers and notaries only start their work after all these steps have been taken - when the scope for action is very limited and many mistakes can no longer be corrected.
• Our partner Dorian Schmelz passes on his extensive specialist knowledge as a lecturer in the postgraduate course in "Real Estate Management" at Middlesex University (London) - and is therefore in constant contact with practitioners in the real estate sector: with administrators and estate agents as well as bankers and economists.
• Our expertise in the field of real estate law has received several awards: Most recently with the ACQ5 Global Awards 2023, 2022, 2021, 2020 and 2019 as "Austrian Boutique Real Estate Law Firm" and "Austrian Tenancy Law Firm" of the year as well as with the CorporateINTL Global Awards 2023, 2022, 2021 and 2020 as "Austrian Tenancy Law Firm" of the year.

Finding a way to your new point of residence.