Responsible officials in administrative criminal law: What companies need to know
In many areas of business life, complex administrative regulations apply – from employee protection and working time law to specific matters such as the LSD-BG (Law on the Control of Dangerous Substances), AÜG (Temporary Employment Act), or AuslBG (Foreign Nationals Employment Act). If these regulations are violated, it can quickly lead to administrative penalties. Particularly explosive: Without appropriate organisation and responsible representatives, the penalty regularly affects all managing directors personally – even if a violation was actually committed by employees.
An effective solution is to appoint responsible officers in accordance with Section 9 of the Administrative Offences Act (VStG). However, their appointment only provides relief if it is carried out correctly in terms of form and organisation. This article provides a concise overview of the most important points that companies need to consider.
Why responsible officers are so important
Without special measures, a „multiplier effect“ applies in administrative penal law: the same administrative penalty can be imposed multiple times if there are several managing directors. Even formal errors in payroll accounting or violations of employee protection can therefore lead to significant burdens.
However, if a responsible representative is effectively appointed, administrative criminal law responsibility for clearly defined areas is transferred to this person.
Example:
Without an order, a three-person management board can be held liable for a violation with a fine of, for example, EUR 25,000 each – a total of EUR 75,000.
If a responsible representative has been duly appointed, the penalty applies solely to them – the managing directors do not have to pay.
What are the requirements for the order?
For an order to be legally binding, it must all of the following conditions met to be
Suitable person
Responsible persons must:
- to be an independently authorised natural person,
- to live in Austria (or an equivalent address),
- to be criminally prosecutable,
- and expressly accept the order.
Senior employees or authorised signatories are often considered.
2. Clearly defined area of responsibility
The area of responsibility must be clearly defined – spatially, functionally, or both. Vague phrasing like „responsibility for the vehicle fleet“ is ineffective. Recognised examples include:
- Compliance with working time regulations at location X
- Responsibility for employee protection provisions
- Responsibility for civil and structural engineering
3. Actual authority
The authorised person must be empowered to,
- To give instructions,
- to take measures,
- and to rectify shortcomings.
„Notification rights“ alone are not enough.
4. Written order and consent
Order and consent must be clearly documented – and be in place before any administrative offence.
5. Organisation and Control
The management remains committed,
- to select suitable people,
- to train these,
- to adapt job descriptions,
- and to regularly monitor the activity of responsible officers.
Please note that the management's duty of supervision does not cease, even if responsibility is delegated.
How do you motivate employees to take on the role?
Taking on the role means, in serious cases, personal administrative criminal responsibility. Companies should therefore offer a fair overall package – for example, including a role allowance, inclusion in D&O insurance, or covering the costs of legal representation in proceedings (provided there is no intent).
In practice, it has been shown that with clear guidelines and appropriate safeguards, employees are perfectly willing to take on the role.
After ordering: What to do?
- Information within the company: Colleagues must be aware that the instructions of the responsible representative are binding.
- Training Regular professional development is essential, especially for complex matters (e.g. LSD-BG).
- Ongoing monitoring The management must ensure that the area of responsibility is properly fulfilled.
- Documentation Control measures should be clearly documented.
Conclusion: high demands – but clear advantages
The effective appointment of responsible officers is a central element of liability prevention. This can significantly relieve the burden on managing directors, particularly in large or complexly structured companies, provided it is carried out correctly, in writing, and with careful organisational planning.
For the order, the following applies:
- precise area of responsibility
- Actual authority
- Written consent
- regular check
If these cornerstones are met, administrative criminal liability effectively shifts to the appointed individual – and managing directors significantly reduce their personal risk.
Created: 28.04.2026
Source: Lindeverlag/Christian Fitz
Picture: Cottonbro
