Chapter 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 bodies
Sub-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 reports
Chapter 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 profiling
Chapter 3 - Obligations of controllers and processors
Section 38 - Data protection officers of private bodiesSection 39 - Accreditation
Chapter 4 - Supervisory authorities for data processing by private bodies
Section 40 - Supervisory authorities of the Länder
Chapter 5 - Penalties
Section 41 - Application of provisions concerning criminal proceedings and proceedings to impose administrative finesSection 42 - Penal provisionsSection 43 - Provisions on administrative fines
Chapter 6 - Legal remedies
Section 44 - Proceedings against a controller or processor

Chapter 1 - Scope, definitions and general principles for processing personal data
Section 45 - ScopeSection 46 - DefinitionsSection 47 - General principles for processing personal data
Chapter 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 decision
Chapter 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 action
Chapter 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 violations
Chapter 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 countries
Chapter 6 - Cooperation among supervisory authorities
Section 82 - Mutual assistance
Chapter 7 - Liability and penalties
Section 83 - CompensationSection 84 - Penal provisions

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Section 1
For private bodies, this Act shall apply to the processing of personal data wholly or partly by automated means and to the processing other than by automated means of personal data which form part of a filing system or are intended to form part of a filing system unless such processing is conducted by natural persons in the course of a purely personal or domestic activity.
Section 34
(4) The data subject shall have the right to information about personal data processed by a public body neither in automated nor in non-automated form and stored in a filing system only if the data subject provides information enabling the data to be located and if the effort required is not disproportionate to the data subject’s interest in the information.
Section 35
(1) If in the case of non-automated data processing erasure would be impossible or would involve a disproportionate effort due to the specific mode of storage and if the data subject’s interest in erasure can be regarded as minimal, the data subject shall not have the right to erasure and the controller shall not be obligated to erase personal data in accordance with Article 17 (1) of Regulation (EU) 2016/679 in addition to the exceptions given in Article 17 (3) of Regulation (EU) 2016/679. In this case, restriction of processing in accordance with Article 18 of Regulation (EU) 2016/679 shall apply in place of erasure. The first and second sentences shall not apply if the personal data were processed unlawfully.
Section 37
(1) In addition to the exceptions given in Article 22 (2) (a) and (c) of Regulation (EU) 2016/679, the right according to Article 22 (1) of Regulation (EU) 2016/679 not to be subject to a decision based solely on automated processing shall not apply if the decision is made in the context of providing services pursuant to an insurance contract and
Section 38
(1) In addition to Article 37 (1) (b) and (c) of Regulation (EU) 2016/679, the controller and processor shall designate a data protection officer if they constantly employ as a rule at least ten persons dealing with the automated processing of personal data. If the controller or processor undertake processing subject to a data protection impact assessment pursuant to Article 35 of Regulation (EU) 2016/679, or if they commercially process personal data for the purpose of transfer, of anonymized transfer or for purposes of market or opinion research, they shall designate a data protection officer regardless of the number of persons employed in processing.
Section 46
2. ‘processing’ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation, alteration, retrieval,
Section 46
4. ‘profiling’ means any form of automated processing of personal data involving the use of personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements;
Section 54
(1) A decision based solely on automated processing which produces an adverse legal effect concerning the data subject or significantly affects him or her shall be permitted only when authorized by law.
Section 58
(4) In automated filing systems, technical measures shall ensure that the restriction of processing is clearly recognizable and processing for other purposes is not possible without further examination.
Section 64
(3) In respect of automated processing, the controller and processor, following an evaluation of the risks, shall implement measures designed to
Section 64
4. prevent the use of automated processing systems by unauthorised persons using data communication equipment (‘user control’);
Section 64
5. ensure that persons authorized to use an automated processing system have access only to the personal data covered by their access authorisation (‘data access control’);
Section 64
7. ensure that it is subsequently possible to verify and establish which personal data have been input into automated processing systems and when and by whom the personal data were input (‘input control’);
Section 71
(2) The controller shall implement appropriate technical and organisational measures to ensure that, by default, only personal data which are necessary for each specific purpose of the processing are processed. That applies to the amount of data collected, the extent of their processing, the period of their storage and their accessibility. In particular, the measures must ensure that by default the data are not made accessible by automated means to an indefinite number of persons.
Section 76
(1) Controllers and processors shall provide for logs to be kept for at least the following processing operations in automated processing systems:
Section 83
(1) If a controller has caused a data subject to suffer damage by processing personal data in violation of this Act or other law applicable to this processing, the controller or its legal entity shall be obligated to provide compensation to the data subject. This obligation to provide compensation shall not apply if, in the case of non-automated processing, the damage was not the result of fault by the controller.
Section 83
(3) If, in the case of automated processing of personal data, it is not possible to determine which of several controllers caused the damage, each controller or its legal entity shall be liable.