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 40

Supervisory authorities of the Länder

(1) The authorities pursuant to Land law shall monitor the application by private bodies of data protection legislation within the scope of Regulation (EU) 2016/679.
(2) If the controller or processor has more than one establishment in Germany, Article 4 no. 16 of Regulation (EU) 2016/679 shall apply accordingly in determining which supervisory authority is competent. If more than one authority considers itself competent or not competent, or when the competence is unclear for other reasons, the supervisory authorities shall make a joint decision in accordance with Section 18 (2). Section 3 (3) and
(4) of the Administrative Procedure Act shall apply accordingly.
(3) The supervisory authority may process the data it has stored only for purposes of supervision; to this end, it may transfer data to other supervisory authorities. Processing for another purpose shall be permitted in addition to Article 6 (4) of Regulation (EU) 2016/679 if
1. it is obviously in the interest of the data subject and there is no reason to assume that the data subject would refuse consent if he or she were aware of the other purpose;
2. processing is necessary to prevent substantial harm to the common good or a threat to public security or to safeguard substantial concerns of the common good; or
3. processing is necessary to prosecute crimes or administrative offences, to carry out or enforce punishment or measures as referred to in Section 11 (1) no. 8 of the Criminal Code or educational or disciplinary measures as referred to in the Juvenile Court Act or to enforce fines.
If the supervisory authority determines that data protection legislation has been violated, it shall have the power to inform the data subjects concerned, to report the violation to other bodies responsible for prosecution or punishment and, in the case of serious violations, to notify the trade supervisory authority to take measures under trade and industry law. Section 13 (4), fourth to seventh sentences shall apply accordingly.
(4) The bodies subject to monitoring and the persons responsible for their management shall provide a supervisory authority on request with the information necessary to perform their tasks. The person required to provide information may refuse to answer those questions which would expose himor herself or a relative as referred to in Section 383 (1) nos. 1 to 3 of the Code of Civil Procedure to the risk of criminal prosecution or proceedings under the Administrative Offences Act. The person required to provide information shall be informed accordingly.
(5) Persons assigned by the supervisory authority to monitor compliance with data protection legislation shall be authorized, as needed to perform their tasks, to enter the property and premises of the body and to have access to all data processing equipment and means. The body shall be obligated to tolerate such access. Section 16 (4) shall apply accordingly.
(6) The supervisory authorities shall advise and support the data protection officers to meet their typical needs. They may demand the dismissal of a data protection officer if he or she does not have the expert knowledge needed to perform his or her tasks or if there is a serious conflict of interests as referred to in Article 38 (6) of Regulation (EU) 2016/679.
(7) The application of the Trade Regulation Code shall remain unaffected.