a) carry out federal law or

(2) Other federal data protection legislation shall take precedence over the provisions of this Act. If such legislation does not govern a matter conclusively or at all which is covered by this Act, then this Act shall apply. The duty to observe the legal obligation of maintaining secrecy or professional or special official confidentiality not based on legal provisions shall remain unaffected.

(1) Public bodies of the Federation are the authorities, judicial bodies and other public law institutions of the Federation, of direct federal corporations, statutory bodies and foundations established under public law and of their associations irrespective of their legal form.

(5) Public bodies of the Federation shall be regarded as private bodies as defined in this Act if they take part in competition as enterprises governed by public law. Public bodies of the Länder shall also be regarded as private bodies as defined in this Act if they take part in competition as enterprises governed by public law and carry out federal law, and if data protection is not governed by Land law.

(5) The public body shall publish the contact details of the data protection officer and communicate them to the Federal Commissioner for Data Protection and Freedom of Information.

(1) The Federal Commissioner for Data Protection and Freedom of Information (Federal Commissioner) shall be a supreme federal authority. It is located in Bonn.

(2) Civil servants of the Federal Commissioner shall be federal civil servants.

(3) The Federal Commissioner may delegate human resources administration and management tasks to other federal bodies as long as doing so does not affect the Federal Commissioner’s independence. Personal data of staff members may be transmitted to these bodies as needed for them to perform their delegated tasks.

(1) The Federal Commissioner shall be competent to supervise the public bodies of the Federation, also if they take part in competition as enterprises governed by public law. The provisions of this chapter shall also apply to processors if they are private bodies in which the Federation holds the absolute majority of shares or controls the absolute majority of votes and they process data on behalf of a public body of the Federation

(2) The Federal Commissioner shall not be competent to supervise processing operations of federal courts acting in their judicial capacity.

(1) The Federal Commissioner shall act with complete independence in performing his or her tasks and exercising his or her powers. The Federal Commissioner shall remain free from external influence, whether direct or indirect, and shall neither seek nor take instructions from anybody.

(2) The Federal Commissioner shall be subject to audit by the Bundesrechnungshof as long as this does not affect his or her independence.

(1) At the proposal of the Federal Government, the German Bundestag shall elect without debate the Federal Commissioner with more than half of the statutory number of its members. The person elected shall be appointed by the Federal President. The Federal Commissioner must be at least 35 years old at the time of election. He or she shall have the qualifications, experience and skills, in particular in the area of the protection of personal data, required to perform his or her duties and exercise his or her powers. In particular, the Federal Commissioner must have knowledge of data protection law acquired from the relevant professional experience and be qualified for judicial office or higher administrative service.

(2) The Federal Commissioner shall swear the following oath before the Federal President: “I swear to do everything in my power to further the good and the benefit of the German people, to protect them from harm and to defend the Basic Law and the laws of the Federation, to perform my duties conscientiously and to exercise justice in all my dealings, so help me God.” The reference to God may be omitted from the oath.

(3) The Federal Commissioner’s term of office shall be five years. It may be renewed once.

(1) The Federal Commissioner shall, in accordance with this Act, have official federal status under public law.

(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.

(3) The senior civil servant shall exercise the rights of the Federal Commissioner if the latter is unable to perform his or her duties or if his or her term of office has expired and he or she is no longer obligated to continue his or her work. Section 10 (1) shall apply accordingly.

(4) From the start of the calendar month in which the official relationship commences until the end of the calendar month in which it ends, or, in the case of subsection 2, sixth sentence, until the end of the month in which he or she ceases his or her work, the Federal Commissioner shall be paid at the level of a federal civil servant in pay grade B 11 plus the family allowance according to Annex V of the Federal Civil Servants' Remuneration Act. The Federal Travel Expenses Act and the Federal Relocation Expenses Act shall apply accordingly. In all other respects, Section 12 (6), Sections 13 through 20 and 21a

(5) of the Act on Federal Ministers shall apply, except that the four-year term of office stipulated in Section 15 (1) of the Act on Federal Ministers shall be replaced by a five-year term. By way of derogation from the third sentence in conjunction with Sections 15 through 17 and 21a (5) of the Act on Federal Ministers, the Federal Commissioner’s pension shall be calculated, counting his or her term as Federal Commissioner as a pensionable period of service, on the basis of the Federal Act Governing Civil Servants' Pensions and Allowances, if this is more favourable and if, before his or election as Federal Commissioner, he or she was a civil servant or judge in at least the last position to be held before reaching pay grade B 11.

(1) The Federal Commissioner shall refrain from any action incompatible with his or her duties and shall not, during his or her term of office, engage in any incompatible occupation, whether gainful or not. In particular, the Federal Commissioner shall not hold any other paid office or pursue any commercial activity or occupation in addition to his or her official duties and shall not belong to the management or supervisory board of a profit oriented enterprise, nor to a government or legislative body of the Federation or a Land. The Federal Commissioner shall not deliver extra-judicial opinions in exchange for payment.

(2) The Federal Commissioner shall inform the President of the Bundestag of any gifts received in connection with his or her office. The President of the Bundestag shall decide how such gifts shall be used. He or she may issue procedural rules and regulations.

(3) The Federal Commissioner shall have the right to refuse to give testimony concerning persons who have confided in him or her in his or her capacity as Federal Commissioner and concerning the information confided. This shall also apply to the staff of the Federal Commissioner, on the condition that the Federal Commissioner decides on the exercise of this right. Within the scope of the Federal Commissioner’s right of refusal to give testimony, he or she shall not be required to submit or surrender files or other documents.

(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.

(5) The Federal Commissioner may testify as a witness unless such testimony would

1. be detrimental to the welfare of the Federation or a Land, in particular to the security of the Federal Republic of Germany or its relations with other countries, or

If the testimony concerns ongoing or completed processes which are or could be considered core aspects of executive responsibility, the Federal Commissioner may testify only with the approval of the Federal Government. Section 28 of the Federal Constitutional Court Act shall remain unaffected.

(1) In addition to the tasks listed in Regulation (EU) 2016/679, the Federal Commissioner shall have the following tasks:

3. to advise the German Bundestag, the Bundesrat, the Federal Government, and other institutions and bodies on legislative and administrative measures relating to the protection of natural persons’ rights and freedoms with regard to the processing of personal data;

Within the scope of Directive (EU) 2016/680, the Federal Commissioner shall also perform the task pursuant to Section 60.

(2) To carry out the task listed in subsection 1, first sentence, no. 3, the Federal Commissioner may, on request or at its own initiative, make recommendations to the German Bundestag or one of its committees, the Bundesrat, the Federal Government, other institutions and bodies and the public concerning all matters related to the protection of personal data. At the request of the German Bundestag, one of its committees or of the Federal Government, the Federal Commissioner shall also investigate data protection matters and incidents at public bodies of the Federation.

(3) The Federal Commissioner shall facilitate the submission of complaints referred to in subsection 1, first sentence, no. 6 by measures such as providing a complaint submission form which can also be completed electronically, without excluding other means of communication.

(4) The performance of the duties of the Federal Commissioner shall be free of charge for the data subject. Where requests are manifestly unfounded or excessive, in particular because of their repetitive character, the Federal Commissioner may charge a reasonable fee based on administrative costs, or refuse to act on the request. The Federal Commissioner shall bear the burden of demonstrating the manifestly unfounded or excessive character of the request.

The Federal Commissioner shall produce an annual activity report which may contain a list of the types of violations reported and the types of measures taken, including penalties and measures taken in accordance with Article 58 (2) of Regulation (EU) 2016/679. The Federal Commissioner shall submit this report to the German Bundestag, the Bundesrat and the Federal Government and shall make it available to the public, the European Commission and the European Data Protection Board.

(1) The Federal Commissioner shall have, within the scope of Regulation (EU) 2016/679, the powers referred to in Article 58 of Regulation (EU) 2016/679. If the Federal Commissioner concludes that data protection legislation has been violated or that there are other problems with the processing of personal data, he or she shall inform the competent authority for legal or technical matters and, before exercising the powers referred to in Article 58 (2) (b) to (g), (i) and (j) of Regulation (EU) 2016/679, shall give this authority the opportunity to provide its opinion to the controller within a reasonable period. The opportunity to provide an opinion may be dispensed with if an immediate decision seems necessary due to imminent danger or in the public interest, or if it would conflict with compelling public interests. The opinion should also include a description of the measures taken on the basis of the information from the Federal Commissioner.

(2) If the Federal Commissioner finds that, in data processing for purposes beyond the scope of Regulation (EU) 2016/679, public bodies of the Federation have violated this Act or other data protection legislation or there are other insufficiencies with their processing or use of personal data, the Federal Commissioner shall lodge a complaint with the competent supreme federal authority and shall require this authority to respond within a period to be determined by the Federal Commissioner. The Federal Commissioner may dispense with a complaint or a response, especially if the problems involved are insignificant or have been remedied in the meantime. The response should also describe the measures taken as a result of the Federal Commissioner’s complaint. The Federal Commissioner may also warn a controller that intended processing operations are likely to violate provisions of this Act and other data protection provisions which apply to the data processing in question.

(3) The powers of the Federal Commissioner shall also extend to

(4) The public bodies of the Federation shall be obligated to provide the Federal Commissioner and his or her assistants with the following:

(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.

(1) The Federal Commissioner shall serve as the joint representative on the European Data Protection Board and single contact point (joint representative). The Bundesrat shall elect the head of the supervisory authority of a Land to serve as the joint representative’s deputy (deputy). The term shall be five years. When the head of the supervisory authority of a Land leaves office, his or her function as deputy shall end at the same time. The deputy may be re-elected.

(1) The Federal Commissioner and the supervisory authorities of the Länder (supervisory authorities of the Federation and the Länder) shall work together in European Union matters with the aim of consistently applying Regulation (EU) 2016/679 and Directive (EU) 2016/680. Before submitting a common position to the supervisory authorities of the other Member States, the European Commission or the European Data Protection Board, the supervisory authorities of the Federation and the Länder shall give each other the opportunity to comment at an early stage. For this purpose, they shall share all relevant information. The supervisory authorities of the Federation and the Länder shall consult the specific supervisory authorities established under Articles 85 and 91 of Regulation (EU) 2016/679 if these authorities are affected by the matter.

(1) The lead supervisory authority of a Land in the one-stop-shop mechanism pursuant to Chapter VII of Regulation (EU) 2016/679 shall be the supervisory authority of the Land in which the controller or processor has its main establishment, as referred to in Article 4 no. 16 of Regulation (EU) 2016/679 or its single establishment in the European Union, as referred to in Article 56 (1) of Regulation (EU) 2016/679. Article 56 (1) in conjunction with Article 4 no. 16 of Regulation (EU) 2016/679 shall apply accordingly within the Federal Commissioner’s area of responsibility. If there is no agreement on determining the lead supervisory authority, the procedure described in Section 18 (2) shall be applied accordingly.

(3) The Federal Administrative Court shall decide in the first and last instance on an application by the supervisory authority pursuant to subsection 1.

(4) In proceedings pursuant to subsection 1, the supervisory authority shall be competent to take part. The supervisory authority shall be a party to proceedings pursuant to subsection 1 as applicant; Section 63 nos. 3 and 4 of the Code of Administrative Court Procedure shall remain unaffected. The Federal Administrative Court may give the European Commission the opportunity to comment within a period of time to be determined.

(5) If a proceeding to review the validity of a European Commission decision pursuant to subsection 1 is pending at the European Court of Justice, the Federal Administrative Court may order its proceeding to be suspended until the proceeding at the European Court of Justice has been concluded.

(6) In proceedings pursuant to subsection 1, Section 47 (5), first sentence and (6) of the Code of Administrative Court Procedure shall apply accordingly. If the Federal Administrative Court finds that the European Commission’s decision pursuant to subsection 1 is valid, it shall state this in its decision. Otherwise it shall refer the question as to the validity of the decision in accordance with Article 267 of the Treaty on the Functioning of the European Union to the European Court of Justice.

5. volunteers working pursuant to the Youth Volunteer Service Act or the Federal Volunteer Service Act;

7. federal civil servants, federal judges, military personnel and persons in the alternative civilian service. Applicants for employment and persons whose employment has been terminated shall be regarded as employees.

(3) If the provision of information relates to the transfer by public bodies of personal data to the authorities for the protection of the Constitution, the Federal Intelligence Service, the Military Counterintelligence Service and, as far as the security of the Federation is affected, other authorities of the Federal Ministry of Defence, such provision shall be permitted only with the approval of these bodies.

(3) If a public body of the Federation does not provide information to a data subject, such 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 endanger the security of the Federation or a Land. The notification from the Federal Commissioner to the data subject with the results of the data protection assessment 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.

(3) Such offences shall be prosecuted only if a complaint is filed. The data subject, the controller, the Federal Commissioner and the supervisory authority shall be entitled to file complaints.

4. the right to lodge a complaint with the Federal Commissioner, and

5. the contact details of the Federal Commissioner.

(3) If the notification relates to the transfer of personal data to the authorities for the protection of the Constitution, the Federal Intelligence Service, the Military Counterintelligence Service and, as far as the security of the Federation is affected, other authorities of the Federal Ministry of Defence, such notification shall be permitted only with the approval of these bodies.

7. the right pursuant to Section 60 to lodge a complaint with the Federal Commissioner, and

8. the contact details of the Federal Commissioner.

(5) If the information to be provided relates to the transfer of personal data to the authorities for the protection of the Constitution, the Federal Intelligence Service, the Military Counterintelligence Service and, as far as the security of the Federation is affected, other authorities of the Federal Ministry of Defence, such provision shall be permitted only with the approval of these bodies.

(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.

(1) Without prejudice to any other administrative or judicial remedy, every data subject shall have the right to lodge a complaint with the Federal Commissioner, if the data subject believes that the processing by public bodies of personal data relating to him or her for the purposes listed in Section 45 infringes his or her rights. This shall not apply to the processing of personal data by courts, if they have processed these data in the context of their judicial activities. The Federal Commissioner shall inform the data subject of the progress and the outcome of the complaint and of the possibility of a judicial remedy pursuant to Section 61.

(2) If a complaint about processing is lodged with the Federal Commissioner instead of the competent supervisory authority in another Member State of the European Union, the Federal Commissioner shall transmit the complaint to the competent supervisory authority without delay. In this case, the Federal Commissioner shall inform the data subject about the transmission of his or her complaint and shall provide further support at the data subject’s request.

(1) Without prejudice to any other legal remedy, every natural or legal person shall have the right to take legal action against a legally binding decision of the Federal Commissioner.

(2) Subsection 1 shall apply accordingly to data subjects if the Federal Commissioner does not handle a complaint pursuant to Section 60 or does not inform the data subject within three months of the progress or outcome of the complaint.

(1) The controller and the processor, taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of the processing as well as the risk of varying likelihood and severity for the legally protected interests of natural persons, shall implement the necessary technical and organisational measures to ensure a level of security appropriate to the risk when processing personal data, in particular as regards the processing of special categories of personal data. In doing so, the controller shall take into account the relevant Technical Guidelines and recommendations from the Federal Office for Information Security.

(1) In the case of a personal data breach, the controller shall notify the Federal Commissioner without delay and, if possible, not later than 72 hours after having become aware of it, of the personal data breach, unless the personal data breach is unlikely to result in a risk to the legally protected interests of natural persons. If the Federal Commissioner is not notified within 72 hours, the notification shall be accompanied by reasons for the delay.

(4) If the controller has not informed the data subjects of a personal data breach, the Federal Commissioner may formally determine that, in his or her opinion, the conditions referred to in subsection 3 have not been met. In doing so, the Federal Commissioner shall consider the likelihood of the personal data breach resulting in a high risk as referred to in subsection 1.

(3) The controller shall involve the Federal Commissioner in carrying out the impact assessment.

The controller shall cooperate with the Federal Commissioner in carrying out the latter’s tasks.

The Federal Commissioner may draw up a list of the processing operations which are subject to prior consultation pursuant to the first sentence.

(2) In the case of subsection 1, the Federal Commissioner shall be presented with

On request, the Federal Commissioner shall be given any other information he or she requires to assess the lawfulness of the processing and, in particular, the existing risks to the protection of the data subjects’ personal data and the related safeguards.

(3) If the Federal Commissioner believes that the planned processing would violate the law, in particular because the controller has not sufficiently identified the risk or has not taken sufficient measures to mitigate the risk, he or she may provide, within a period of up to six weeks of receipt of the request for consultation, written advice to the controller and, where applicable, to the processor, as to which additional measures should be taken. The Federal Commissioner may extend this period by a month, if the planned processing is especially complex. In this case, the Federal Commissioner shall inform the controller and, where applicable, the processor of the extension within one month of receipt of the request for consultation.

(4) If the envisaged processing has substantial significance for the controller’s performance of tasks and is therefore especially urgent, the controller may initiate processing after the consultation has started but before the period referred to in subsection 3, first sentence, has expired. In this case, the recommendations of the Federal Commissioner shall be taken into account after the fact, and the way the processing is carried out shall be adjusted where applicable.

(4) Controllers and processors shall make these records available to the Federal Commissioner on request.

(3) The logs may be used only by the data protection officer, the Federal Commissioner or the data subject to verify the lawfulness of the processing; and for selfmonitoring, ensuring the integrity and security of the personal data, and for criminal proceedings.

(5) The controller and the processor shall make the logs available to the Federal Commissioner on request.

(2) The controller shall document transfers pursuant to subsection 1 no. 2. The documentation shall include the date and time of the transfer, the identity of the recipient, the reason for the transfer and the personal data transferred. It shall be provided to the Federal Commissioner on request.

(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) The Federal Commissioner shall provide the supervisory authorities in other European Union Member States with information and mutual assistance as far as necessary to implement and apply Directive (EU) 2016/680 in a consistent manner. Mutual assistance shall cover, in particular, information requests and supervisory measures, such as requests to carry out consultations, inspections and investigations.

(2) The Federal Commissioner shall take all appropriate measures required to reply to a request for mutual assistance without delay and no later than one month after receiving the request.

(3) The Federal Commissioner may refuse to comply with the request only if

(4) The Federal Commissioner shall inform the other state’s requesting supervisory authority of the results or, as the case may be, of the progress of the measures taken in response to the request. In the case of subsection 3, he or she shall provide reasons for refusing to comply with the request.

(5) The Federal Commissioner shall, as a rule, supply the information requested by the other state’s supervisory authority by electronic means and using a standardized format.

(6) The Federal Commissioner shall not charge a fee for action taken pursuant to a request for mutual assistance unless he or she has agreed with the other state’s supervisory authority in the individual case on the reimbursement of expenses incurred.

(7) The Federal Commissioner’s requests for assistance shall contain all the necessary information, including in particular the purpose of and reasons for the request. Information exchanged shall be used only for the purpose for which it was requested.

(2) Section 16 (4) shall not apply to processing in the context of activities outside the scope of Regulation (EU) 2016/679 and Directive (EU) 2016/680 by workplaces within the remit of the Federal Ministry of Defence if the Federal Ministry of Defence determines in the individual case that meeting the obligations referred to in that provision would endanger the security of the Federation.

The Act Regulating the Cooperation between the Federation and the Federal States in Matters Relating to the Protection of the Constitution and on the Federal Office for the Protection of the Constitution of 20 December 1990 (Bundesverfassungsschutzgesetz,

BVerfSchG) (Federal Law Gazette I p. 2954, 2970), last amended by Article 2 (1) of the Act of 16 June 2017 (Federal Gazette I, p. 1634), shall be amended as follows:

The Military Counterintelligence Service Act of 20 December 1990 (Gesetz über den Militärischen Abschirmdienst, MADG) (Federal Gazette I, p. 2954, 2977), last amended by Article 6 of the Act of 27 March 2017 (Federal Gazette I, p. 562), shall be amended as follows:

The Federal Intelligence Service Act of 20 December 1990 (BND-Gesetz, BNDG) (Federal Law Gazette I p. 2954, 2979), last amended by Article 3 of the Act of 10 March 2017 (Federal Gazette I, p. 410), shall be amended as follows:

The Act on Prerequisites and Procedures for Security Clearance Checks Undertaken by the Federal Government 20 April 1994 (Sicherheitsüberprüfungsgesetz, SÜG) (Federal Law Gazette I p. 867), last amended by Article 1 of the Act of 16 June 2017 (Federal Gazette I, p. 1634), shall be amended as follows:

The Act to restrict the Privacy of Correspondence, Posts and Telecommunications of 26 June 2001 (Artikel 10-Gesetz, G 10) (Federal Law Gazette I, p. 1254, 2298; 2017 I,

p. 154), last amended by Article 2 (2) of the Act of 16 June 2017 (Federal Gazette I,

The Federal Data Protection Act (Bundesdatenschutzgesetz, BDSG) in the version published on 14 January 2003 (Federal Law Gazette I, p. 66), last amended by Article 1 of the Act of 28 April 2017 (Federal Law Gazette I, p. 968), shall be amended as follows:

4. The following subsection 5a shall be added after Section 22 (5): “(5a) The Federal Commissioner may delegate human resources administration and management tasks to other federal bodies as long as doing so does not affect the Federal Commissioner’s independence. Personal data of staff members may be transferred to these bodies as needed for them to perform their delegated tasks.”

(3) The Federal Administrative Court shall decide in the first and last instance on an application by the supervisory authority pursuant to subsection 1.

(4) In proceedings pursuant to subsection 1, the supervisory authority shall be competent to take part. The supervisory authority shall be a party to proceedings pursuant to subsection 1 as applicant; Section 63 nos. 3 and 4 of the Code of Administrative Court Procedure shall remain unaffected. The Federal Administrative Court may give the European Commission the opportunity to comment within a period of time to be determined.

(5) If a proceeding to review the validity of a European Commission decision pursuant to subsection 1 is pending at the European Court of Justice, the Federal Administrative Court may order its proceeding to be suspended until the proceeding at the European Court of Justice has been concluded.

(6) In proceedings pursuant to subsection 1, Section 47 (5), first sentence and (6) of the Code of Administrative Court Procedure shall apply accordingly. If the Federal Administrative Court finds that the European Commission’s decision pursuant to subsection 1 is valid, it shall state this in its decision. Otherwise it shall refer the question as to the validity of the decision in accordance with Article 267 of the Treaty on the Functioning of the European Union to the European Court of Justice.”

(1) This Act shall enter into force on 25 May 2018, subject to subsection 2. The Federal Data Protection Act in the version published on 14 January 2003 (Federal Law Gazette I, p. 66), last amended by Article 7 of this Act shall expire at the same time.