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 provisions(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.
(2) In addition to Article 18 (1) (b) and (c) of Regulation (EU) 2016/679, subsection 1, first and second sentences shall apply accordingly in the case of Article 17 (1) (a) and (d) of Regulation (EU) 2016/679 as long and as far as the controller has reason to believe that erasure would adversely affect legitimate interests of the data subject. The controller shall inform the data subject of the restriction of processing if doing so is not impossible or would not involve a disproportionate effort.
(3) In addition to Article 17 (3) (b) of Regulation (EU) 2016/679, subsection 1 shall apply accordingly in the case of Article 17 (1) (a) of Regulation (EU) 2016/679 if erasure would conflict with retention periods set by statute or contract.
consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment, combination, restriction, erasure or destruction;
2. special time limits within which data must be reviewed for relevance and erasure;
2. the rights of data subjects with regard to the processing of their personal data to access, rectification, erasure and restriction of processing,
6. the existence of the right to rectification or erasure of data or restriction of processing of data by the controller;
(2) The data subject shall have the right to obtain from the controller the erasure of personal data concerning him or her without delay where processing such data is unlawful, knowledge of the data is no longer necessary for the performance of tasks, or the data must be erased to comply with a legal obligation.
(3) Instead of erasure, the controller may restrict processing where
1. there is reason to assume that erasure would adversely affect legitimate interests of the data subject,
3. erasure would be impossible or would involve a disproportionate effort due to the specific mode of storage. Data subject to restricted processing pursuant to the first sentence may be processed only for the purpose which prevented their erasure.
(5) If the controller has rectified inaccurate data, he or she shall communicate the rectification to the body from which he or she received the personal data. In cases of rectification, erasure or restriction of processing pursuant to subsections 1 to 3, the controller shall inform recipients to whom the data were transferred about these measures. The recipient shall rectify or erase the data or restrict their 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.
2. prevent the unauthorised reading, copying, modification or erasure of data media (‘data media control’);
8. the envisaged time limits for the erasure or for a review of the need to store the various categories of personal data; and
(4) Without prejudice to any time limits for storing or erasing data defined in law, the controller shall provide for appropriate time limits for the erasure of personal data or for a periodic review of the need for the storage of personal data and shall take procedural measures to ensure that these time limits are observed.
6. erasure.
