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 bodiesSection 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 reportsSection 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 profilingSection 38 - Data protection officers of private bodiesSection 39 - AccreditationSection 40 - Supervisory authorities of the LänderSection 41 - Application of provisions concerning criminal proceedings and proceedings to impose administrative finesSection 42 - Penal provisionsSection 43 - Provisions on administrative finesSection 44 - Proceedings against a controller or processor
Section 45 - ScopeSection 46 - DefinitionsSection 47 - General principles for processing personal dataSection 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 decisionSection 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 actionSection 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 violationsSection 78 - General requirementsSection 79 - Data transfers with appropriate safeguardsSection 80 - Data transfers without appropriate safeguardsSection 81 - Other data transfers to recipients in third countriesSection 82 - Mutual assistanceSection 83 - CompensationSection 84 - Penal provisions

Section 31

Protection of commercial transactions in the case of scoring and credit reports

(1) For the purpose of deciding on the creation, execution or termination of a contractual relationship with a natural person, the use of a probability value for certain future action by this person (scoring) shall be permitted only if
1. the provisions of data protection law have been followed;
2. the data used to calculate the probability value are demonstrably essential for calculating the probability of the action on the basis of a scientifically recognized mathematic-statistical procedure;
3. other data in addition to address data are used to calculated the probability value; and
4. if address data are used, the data subject was notified ahead of time of the planned use of these data; this notification shall be documented.
(2) The use of a probability value calculated by credit reporting agencies to determine a natural person’s ability and willingness to pay shall be permitted in the case of including information on claims only as far as the conditions of subsection 1 are met and only claims concerning a performance owed which has not been rendered on time are considered
1. which have been established by a final decision or a decision declared enforceable for the time being, or if an executory title has been issued under Section 794 of the Code of Civil Procedures,
2. which have been established under Section 178 of the Insolvency Act and have not been disputed by the debtor at the verification meeting,
3. which the debtor has explicitly acknowledged,
4. for which
a) the debtor has received at least two written reminders after the due date of the claim,
b) at least four weeks have elapsed since the first reminder,
c) the debtor was previously informed, at least in the first reminder, of possible consideration by a credit reporting agency and
d) the debtor has not disputed the claim, or
5. the contractual relationship on which the claim is based can be terminated without prior notice for payment in arrears and the debtor has been informed of possible consideration by a credit reporting agency.
The lawfulness of processing, including the calculation of probability values, other data relevant for credit reports pursuant to general data protection law shall remain unaffected.