Smart meters – the legal situation

A lot of unsettling information about smart meters is circulating online.

Perhaps a contribution that was sent in to us can help shed light on the jungle of facts. We contacted the source immediately. The lawyer has given permission for the text to be edited and passed on. He is of course also happy to answer questions on the subject or to give advice.

The IME-VO (Intelligente Messgeräte-Einführungsverordnung, the Austrian ordinance on the introduction of smart meters) obliges grid operators to introduce smart meters. Originally, 95% of all old analogue meters (Ferraris meters) were to have been replaced by smart meters by the end of 2019. The 2017 amendment to the IME-VO now gives grid operators more time. At present, at least 80% of households are to be equipped with smart meters by the end of 2020, and at least 95% by the end of 2022.

Among other things, smart meters allow the grid operator to read them remotely, to switch the supply on and off remotely, and to read out and store values every quarter of an hour.

The advantages of smart meters are said to lie in energy savings, in convenience when moving in or out thanks to remote connection and disconnection, and in savings on on-site meter reading thanks to automatic remote reading. However, many people reject smart meters for reasons of data protection, fear of increased exposure to electrosmog, and a host of other reasons.

At first glance, § 83 (1) ElWOG 2010 (Elektrizitätswirtschafts- und -organisationsgesetz, the Austrian Electricity Industry and Organisation Act) grants this right unambiguously: the grid operator must take into account an end consumer’s wish not to receive a smart meter.

However, according to § 1 (6) IME-VO, as amended by the IME-VO 2017, it should no longer be possible to refuse a smart meter entirely. All that is provided for is the option of deactivating some of its functions so that no daily or quarter-hourly values are stored and transmitted, and the disconnection function and the power-limiting function are deactivated.

Put simply, end consumers now have three ways of dealing with the current contradictory legal situation:

1. have the smart meter installed and welcome it or come to terms with it, or
2. refuse the smart meter in accordance with § 1 (6) IME-VO in such a way that only some of its functions are deactivated, while the smart meter itself is still installed, or
3. refuse the installation of a smart meter entirely in accordance with § 83 (1) ElWOG 2010 and insist on an analogue Ferraris meter

Please note: this text reflects the legal situation in Austria in September 2018.

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About the author

Mag. Alexander Walter Behm Lawyer

Kirchenplatz 5 3580 Horn, Austria T: +43 2982 30580 E: kanzlei@behm.at W: www.behm.at (German)

Areas of practice – Traffic law – Damages & warranty – Divorce, marriage and family law – Tenancy and housing law – Neighbour law – Criminal defence & victim representation – Consumer protection