The Curse of Bureaucracy, or: Hurray, the Sustainability Reporting Act (NaBeG) is here!

“That is the curse of the evil deed,

that, multiplying, it must ever bring forth evil”

(Friedrich von Schiller)

At last! The next bureaucratic monster is here, which the EU – contrary to all its lip service, fine words, assurances and “omnibus packages” – and which has now been implemented by the Austrian Parliament in 79 pages of small print under the title “Sustainability Reporting Act – NaBeG” and published in the Federal Law Gazette (BGBl I/6 of 18 February 2026). The – rather cute – NaBeG entails the enactment of a Third-Country Companies Reporting Act, as well as amendments to the Commercial Code (UGB) and the key company law statutes (AktG, GmbHG, GenG, SE-G, etc.), along with numerous significant ancillary laws. Essentially, the NaBeG regulates the introduction or comprehensive expansion of sustainability reporting for larger companies. The NaBeG came into force on 18 February 2026, and the provisions apply to financial years commencing on or after 1 January 2024 (!).

The new sustainability reporting obligation applies to all companies that are large undertakings under Section 221(3) sentence 1 of the Austrian Commercial Code (UGB), qualify as public-interest entities (Section 189a(1) UGB) and employ more than 500 staff on average over the year (Section 243b(1) UGB). It is encouraging to see the attention to detail already evident in the general requirements for companies subject to reporting: these must include information on reporting on sustainability aspects in the management report in a clearly identifiable section provided for this purpose. To ensure nothing goes wrong, the legislator even provides the heading that this section should have in the management report, namely Sustainability Statement.

According to Section 243b(2) of the Austrian Commercial Code (UGB), the sustainability statement must contain the information necessary for understanding the impact of the company’s activities on sustainability aspects, as well as the impact of sustainability aspects on the course of business, business results and the company’s position. Furthermore, the procedure for determining the information included in the management report must be reported. It is hard to imagine just how wide-ranging this might be. Please refer to Section 243b(3) of the Austrian Commercial Code (UGB); the content of these reporting requirements goes beyond the scope of a brief article of this nature; it refers to limiting global warming to 1.5 °C, achieving climate neutrality by 2050, absolute targets for reducing greenhouse gas emissions in 2030 and 2050, and many other topics of significance to companies, which companies must now consider and report on. Of particular note is Section 243b(4) of the Austrian Commercial Code (UGB), which stipulates that reporting must cover not only the company itself but also its value chain, including its business relationships and supply chain. Fortunately, however, this applies only in accordance with the new Section 243ba UGB, which limits the reporting obligation regarding the value chain as follows: No information may be requested from companies in the value chain of a company subject to sustainability reporting obligations which employs fewer than 1,000 employees on an annual average that goes beyond the information regulated in Annex I to Commission Recommendation (EU) 2025/1710 on a standard for voluntary sustainability reporting by small and medium-sized enterprises, OJ L No. 2025/1710 of 5 August 2025.

Enjoy reading (if you choose to) the Official Journal of the EU dated 5 August 2025 (it’s only 65 pages in small print, so ‘small businesses’ can ‘only’ be required to provide this information – what a masterful de-bureaucratisation measure)!

Section 243ba of the Austrian Commercial Code (UGB) also implies – and this is indeed a cause for concern – that larger companies (with more than 1,000 employees) may well be contractually compelled to provide the requested sustainability information to companies required to report under Section 243b UGB.

The NaBeG also provides in the new Section 267a UGB for a duty of consolidated sustainability reporting for parent companies with more than 500 employees on a consolidated basis, where these are public-interest entities. This applies in particular to listed (holding) companies. Section 243ba of the Austrian Commercial Code (“Limitation of the reporting obligation regarding the value chain”) also applies to requests from the parent company. It will be interesting to see the avalanche of information and the leverage that will be brought to bear when information is requested by the market-dominant large “reporting entities”.

The new Sections 268 et seq. of the Austrian Commercial Code (UGB) also comprehensively regulate the obligations regarding the audit of sustainability reporting by the statutory auditor or the sustainability reporting auditor (for whom the EU Audit Directive has prescribed a specific training procedure, see Section 268(3) of the Austrian Commercial Code (UGB)), culminating in the new assurance statement under Section 274a of the Austrian Commercial Code (UGB), which the statutory auditor or the sustainability reporting auditor must summarise.

The NaBeG is a veritable corporate bureaucratic monster. In the public interest, the legislator is taking companies – including their value and supply chains – hostage and forcing them into – in the undersigned’s view – completely pointless information documentation that creates no added value. Trying to improve the world through accounting law – what an absurd approach! The government bill euphemistically refers to a ‘first wave’ of sustainability reporting regulation (300 Blg XXVIII. GP ErlRV). But a wave never comes alone. In truth, this is a Bureaucratic tsunami that is crashing down upon our free economy and which supposedly affects only larger companies.

The NaBeG is undoubtedly yet another law designed to weaken Austrian companies in international competition. The European legal standards underpinning the NaBeG are a further contribution to accelerating the European Union’s descent into irrelevance. That is the curse of bureaucracy: it constantly creates new regulations.

It’s enough to make you want to run away. You’d be better off reading Schiller’s Wallenstein, says

Viktor Thurnher

Dornbirn, 26 February 2026