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 provisions2. to monitor compliance with this Act and other data protection legislation, including legislation enacted to implement Directive (EU) 2016/680, and with the policies of the public body in relation to the protection of personal data, including the assignment of responsibilities, awareness-raising and training of staff involved in processing operations, and the related audits;
(6) Subsections 3 and 4, fifth to seventh sentences, shall apply accordingly to the public bodies responsible for monitoring compliance with the data protection provisions in the Länder.
(5) The Federal Commissioner shall work to cooperate with the public bodies responsible for monitoring compliance with data protection provisions in the Länder and with the supervisory authorities under Section 40. Section 40 (3), first sentence, second half sentence, shall apply accordingly.
(2) The Code of Administrative Court Procedure shall be applied in compliance with subsections 3 to 7.
(2) Recourse to the administrative courts shall be provided for proceedings pursuant to subsection 1. The Code of Administrative Court Procedure shall be applied in compliance with subsections 3 to 6.
10. specific rules of procedure to ensure compliance with this Act and with Regulation (EU) 2016/679 in the event of transfer or processing for other purposes.
(5) The controller must take appropriate measures to ensure compliance in particular with the principles for processing personal data described in Article 5 of Regulation (EU) 2016/679.
(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.
9. ‘recipient’ means a natural or legal person, public authority, agency or other body to which the personal data are disclosed, whether a third party or not. However, public authorities which may receive personal data in the framework of a particular inquiry in accordance with Union or other law shall not be regarded as recipients; the processing of those data by those public authorities shall be in compliance with the applicable data protection rules according to the purposes of the processing;
(1) Where personal data are processed by other persons or bodies on behalf of a controller, the controller shall ensure compliance with the provisions of this Act and other data protection provisions. The data subject shall assert his or her rights to access, rectification, erasure, restriction of processing and the right to receive compensation against the controller.
3. assists the controller by any appropriate means to ensure compliance with the provisions on the data subject's rights;
5. makes available to the controller all information necessary, in particular the logs kept in accordance with Section 76, to demonstrate compliance with these obligations;
9. assists the controller in ensuring compliance with the obligations pursuant to Sections 64 to 67 and 69 taking into account the nature of processing and the information available to the processor.
12. ensure that personal data processed on behalf of the controller can only be processed in compliance with the controller’s instructions (‘processing control’);
4. the measures envisaged to address the risks, including safeguards, security measures and mechanisms to ensure the protection of personal data and to demonstrate compliance with the law.
(1) The controller, both at the time the means of processing are determined and at the time of the processing itself, shall take appropriate measures to implement data protection principles, such as data minimization, in an effective manner, to ensure compliance with legal requirements and to protect the rights of data subjects. In doing so, the controller shall take into account the state of the art, the cost of implementation and the nature, scope, context and purposes of processing, as well as the risks of varying likelihood and severity for the legally protected interests of the data subject posed by the processing. In particular, personal data shall be processed, and processing systems shall be selected and designed in accordance with the aim of processing as few personal data as possible. Personal data shall be rendered anonymous or pseudonymized as early as possible, as far as possible in accordance with the purpose of processing.
2. compliance with the request would violate the law.
(2) Recourse to the administrative courts shall be provided for proceedings pursuant to subsection 1. The Code of Administrative Court Procedure shall be applied in compliance with subsections 3 to 6.