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 provisionsFor 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.
(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.
(4) Even after his or her official relationship has ended, the Federal Commissioner shall be obligated to secrecy concerning matters of which he or she is aware by reason of his or her official duties. This obligation shall not apply to official communications or to matters which are common knowledge or which by their nature do not require confidentiality. The Federal Commissioner shall decide at his or her due discretion whether and to what extent he or she will testify in or outside court or make statements concerning such matters; if he or she is no longer in office, the permission of the Federal Commissioner in office shall be required. This shall not affect the legal obligation to report crimes and to uphold the free and democratic order wherever it is threatened. Sections 93, 97, 105 (1), Section 111 (5) in conjunction with Section 105 (1) and Section 116 (1) of the German Fiscal Code shall not apply to the Federal Commissioner or his or her staff. The fifth sentence shall not apply where the financial authorities require such knowledge in order to conduct legal proceedings due to a tax offence and related tax proceedings, in the prosecution of which there is compelling public interest, or where the person required to provide information or persons acting on his or her behalf have intentionally provided false information. If the Federal Commissioner determines that data protection provisions have been violated, he or she shall be authorized to report the violation and inform the data subject accordingly.
8. to conduct investigations on the application of this Act and other data protection legislation, including legislation adopted to implement Directive (EU) 2016/680, also on the basis of information received from another supervisory authority or other public authority;
(3) The joint representative and his or her deputy shall be bound by the common position pursuant to subsections 1 and 2 and shall determine by mutual agreement the conduct of negotiations according to this common position. Should they fail to reach agreement, the deputy shall decide the further conduct of negotiations for the matters referred to in Section 18 (2), second sentence. For other matters, the joint representative shall have the deciding vote.
(1) If a supervisory authority believes that an adequacy decision of the European Commission or a decision on the recognition of standard protection clauses or on the general validity of approved codes of conduct, on the validity of which a decision of the supervisory authority depends, violates the law, the supervisory authority shall suspend its procedure and lodge an application for a court decision.
6. processing is necessary to exercise powers of supervision and monitoring, to conduct audits or organisational analyses of the controller; this shall also apply to processing for training and examination purposes by the controller, as long as it does not conflict with the legitimate interests of the data subject.
8. specific codes of conduct to ensure lawful processing in case of transfer or processing for other purposes.
(7) If the data subject is notified pursuant to subsection 6 of the refusal or restriction of access, he or she may exercise his or her right of access also via the Federal Commissioner. The controller shall inform the data subject of this possibility and that, in accordance with Section 60, the data subject may lodge a complaint with the Federal Commissioner or seek a judicial remedy. If the data subject exercises his or her right pursuant to the first sentence, the information shall be provided to the Federal Commissioner at the request of the data subject, unless the responsible supreme federal authority determines in the individual case that doing so would threaten the security of the Federation or a Land. The Federal Commissioner shall at least inform the data subject that all necessary checks have been conducted or that the Federal Commissioner has conducted a review. This notification may include information as to whether violations of data protection law were found. The notification from the Federal Commissioner to the data subject shall not permit any conclusions to be drawn concerning the information held by the controller unless the latter agrees to the provision of more extensive information. The controller may refuse to such provision only as far as and for as long as he or she could dispense with or restrict information pursuant to subsection 4. The Federal Commissioner shall also inform the data subject of his or her right to seek a judicial remedy.
6. allows for and contributes to audits conducted by the controller or another auditor mandated by the controller;
(3) The controller shall file a report to the Federal Commissioner at least once a year covering transfers conducted on the basis of an assessment pursuant to subsection 1 no. 2. In this report, the controller may categorize the recipients and the purpose of the transfers appropriately.
(1) If a supervisory authority believes that an adequacy decision of the European Commission or a decision on the recognition of standard protection clauses or on the general validity of approved codes of conduct, on the validity of which a decision of the supervisory authority depends, violates the law, the supervisory authority shall suspend its procedure and lodge an application for a court decision.