Chapter 1 - Scope and definitions
Section 1 - Scope of the ActSection 2 - DefinitionsChapter 2 - Legal basis for processing personal data
Section 3 - Processing of personal data by public bodiesSection 4 - Video surveillance of publicly accessible spacesChapter 3 - Data protection officers of public bodies
Section 5 - DesignationSection 6 - PositionSection 7 - TasksChapter 4 - Federal Commissioner for Data Protection and Freedom of Information
Section 8 - EstablishmentSection 9 - CompetenceSection 10 - IndependenceSection 11 - Appointment and term of officeSection 12 - Official relationshipSection 13 - Rights and obligationsSection 14 - TasksSection 15 - Activity reportsSection 16 - PowersChapter 5 - Representation on the European Data Protection Board, single contact point, cooperation among the federal supervisory authorities and those of the Länder concerning European Union matters
Section 17 - Representation on the European Data Protection Board, single contact pointSection 18 - Procedures for cooperation among the federal and Länder supervisory authoritiesSection 19 - ResponsibilitiesChapter 6 - Legal remedies
Section 20 - Judicial remedySection 21 - Application of the supervisory authority for a court decision if it believes that an adequacy decision by the European Commission violates the lawChapter 1 - Legal basis for processing personal data
Sub-chapter 1 - Processing of special categories of personal data and processing for other purposes
Section 22 - Processing of special categories of personal dataSection 23 - Processing for other purposes by public bodiesSection 24 - Processing for other purposes by private bodiesSection 25 - Transfer of data by public bodiesSub-chapter 2 - Special processing situations
Section 26 - Data processing for employment-related purposesSection 27 - Data processing for purposes of scientific or historical research and for statistical purposesSection 28 - Data processing for archiving purposes in the public interestSection 29 - Rights of the data subject and powers of the supervisory authorities in the case of secrecy obligationsSection 30 - Consumer loansSection 31 - Protection of commercial transactions in the case of scoring and credit reportsChapter 2 - Rights of the data subject
Section 32 - Information to be provided where personal data are collected from the data subjectSection 33 - Information to be provided where personal data have not been obtained from the data subjectSection 34 - Right of access by the data subjectSection 35 - Right to erasureSection 36 - Right to objectSection 37 - Automated individual decision-making, including profilingChapter 3 - Obligations of controllers and processors
Section 38 - Data protection officers of private bodiesSection 39 - AccreditationChapter 4 - Supervisory authorities for data processing by private bodies
Section 40 - Supervisory authorities of the LänderChapter 5 - Penalties
Section 41 - Application of provisions concerning criminal proceedings and proceedings to impose administrative finesSection 42 - Penal provisionsSection 43 - Provisions on administrative finesChapter 6 - Legal remedies
Section 44 - Proceedings against a controller or processorChapter 1 - Scope, definitions and general principles for processing personal data
Section 45 - ScopeSection 46 - DefinitionsSection 47 - General principles for processing personal dataChapter 2 - Legal basis for processing personal data
Section 48 - Processing of special categories of personal dataSection 49 - Processing for other purposesSection 50 - Processing for archiving, scientific and statistical purposesSection 51 - ConsentSection 52 - Processing on instructions from the controllerSection 53 - ConfidentialitySection 54 - Automated individual decisionChapter 3 - Rights of the data subject
Section 55 - General information on data processingSection 56 - Notification of data subjectsSection 57 - Right of accessSection 58 - Right to rectification and erasure and to restriction of processingSection 59 - Modalities for exercising the rights of the data subjectSection 60 - Right to lodge a complaint with the Federal CommissionerSection 61 - Legal remedies against decisions of the Federal Commissioner or if he or she fails to take actionChapter 4 - Obligations of controllers and processors
Section 62 - Processing carried out on behalf of a controllerSection 63 - Joint controllersSection 64 - Requirements for the security of data processingSection 65 - Notifying the Federal Commissioner of a personal data breachSection 66 - Notifying data subjects affected by a personal data breachSection 67 - Conducting a data protection impact assessmentSection 68 - Cooperation with the Federal CommissionerSection 69 - Prior consultation of the Federal CommissionerSection 70 - Records of processing activitiesSection 71 - Data protection by design and by defaultSection 72 - Distinction between different categories of data subjectsSection 73 - Distinction between facts and personal assessmentsSection 74 - Procedures for data transfersSection 75 - Rectification and erasure of personal data and restriction of processingSection 76 - LoggingSection 77 - Confidential reporting of violationsChapter 5 - Transfers of data to third countries and to international organisations
Section 78 - General requirementsSection 79 - Data transfers with appropriate safeguardsSection 80 - Data transfers without appropriate safeguardsSection 81 - Other data transfers to recipients in third countriesChapter 6 - Cooperation among supervisory authorities
Section 82 - Mutual assistanceChapter 7 - Liability and penalties
Section 83 - CompensationSection 84 - Penal provisionsSection 12
Official relationship
(1) The Federal Commissioner shall, in accordance with this Act, have official federal status under public law.
(2) The official relationship shall begin upon delivery of the certificate of appointment. It shall end upon expiry of the term of office or upon resignation. The Federal President shall remove the Federal Commissioner from office at the request of the President of the Bundestag if the Federal Commissioner has committed serious misconduct or no longer meets the requirements for performing his or her tasks. If the official relationship is ended or the Federal Commissioner is removed from office, the Federal Commissioner shall be given a document signed by the Federal President. Removal from office shall be effective upon delivery of this document. If the official relationship ends upon expiry of the term of office, at the request of the President of the Bundestag the Federal Commissioner shall be obligated to continue his or her work for no more than six months until a successor has been appointed.
(3) The senior civil servant shall exercise the rights of the Federal Commissioner if the latter is unable to perform his or her duties or if his or her term of office has expired and he or she is no longer obligated to continue his or her work. Section 10 (1) shall apply accordingly.
(4) From the start of the calendar month in which the official relationship commences until the end of the calendar month in which it ends, or, in the case of subsection 2, sixth sentence, until the end of the month in which he or she ceases his or her work, the Federal Commissioner shall be paid at the level of a federal civil servant in pay grade B 11 plus the family allowance according to Annex V of the Federal Civil Servants' Remuneration Act. The Federal Travel Expenses Act and the Federal Relocation Expenses Act shall apply accordingly. In all other respects, Section 12 (6), Sections 13 through 20 and 21a
(5) of the Act on Federal Ministers shall apply, except that the four-year term of office stipulated in Section 15 (1) of the Act on Federal Ministers shall be replaced by a five-year term. By way of derogation from the third sentence in conjunction with Sections 15 through 17 and 21a (5) of the Act on Federal Ministers, the Federal Commissioner’s pension shall be calculated, counting his or her term as Federal Commissioner as a pensionable period of service, on the basis of the Federal Act Governing Civil Servants' Pensions and Allowances, if this is more favourable and if, before his or election as Federal Commissioner, he or she was a civil servant or judge in at least the last position to be held before reaching pay grade B 11.
