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(2) Anyone who refuses to conclude a consumer loan contract or a contract concerning financial assistance for payment with a consumer as the result of information provided by a body as referred to in subsection 1 shall immediately notify the consumer of this refusal and the information received. Such notification shall not be made if doing so would endanger public security or order. Section 37 shall remain unaffected.
4. if address data are used, the data subject was notified ahead of time of the planned use of these data; this notification shall be documented.
(3) If notification is not provided in the cases of subsection 1 because of a temporary obstacle, the controller shall meet the obligation to provide information, while taking into account the specific circumstances of processing, within an appropriate period after the obstacle has ceased to exist, but no later than two weeks.
(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.
2. the decision is based on the application of binding rules of remuneration for therapeutic treatment and the controller takes suitable measures, in the event that the request is not granted in full, to safeguard the data subject's legitimate interests, at least the right to obtain human intervention on the part of the controller, to express his or her point of view and to contest the decision; the controller shall inform the data subject of these rights no later than the notification indicating that the data subject’s request will not be granted in full.
(4) A notification pursuant to Article 33 of Regulation (EU) 2016/679 or a communication pursuant to Article 34 (1) of Regulation (EU) 2016/679 may be used in criminal proceedings against the person required to provide a notification or a communication or relatives as referred to in Section 52 (1) of the Code of Criminal Procedure only with the consent of the person required to provide a notification or a communication.
(4) A notification pursuant to Article 33 of Regulation (EU) 2016/679 or a communication pursuant to Article 34 (1) of Regulation (EU) 2016/679 may be used in proceedings pursuant to the Administrative Offences Act against the person required to provide a notification or a communication or relatives as referred to in Section 52 (1) of the Code of Criminal Procedure only with the consent of the person required to provide a notification or a communication.
(1) If special legislation provides for or requires notifying data subjects of the processing of their personal data, especially in the case of undercover operations, such notification shall include at least the following information:
(2) In the cases of subsection 1, the controller may postpone, limit or refrain from notification if and so long as
(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.
(6) The controller shall notify the data subject, without delay, in writing of any refusal or restriction of access. This shall not apply if providing this information would entail a threat as referred to in Section 56 (2). The notification pursuant to the first sentence shall include the reasons for the refusal or the restriction unless providing the reasons would undermine the intended purpose of the refusal or restriction of access.
(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) 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.
(3) The notification referred to in subsection 1 shall include at least the following information:
(4) If it is not possible to provide the information pursuant to subsection 3 with the notification, the controller shall provide this information as soon as it is available.
(8) Additional obligations of the controller regarding notifications of personal data breaches shall remain unaffected.
(2) The notification of the data subject pursuant to subsection 1 shall describe in clear and plain language the nature of the personal data breach and contain at least the information and measures referred to in Section 65 (3) nos. 2 to 4.
(3) Notification shall not be required if any of the following conditions are met:
(5) The notification of data subjects pursuant to subsection 1 may be delayed, restricted or omitted under the conditions referred to in Section 56 (2) unless the interests of the data subjects outweigh those of the controller owing to the high risk resulting from the personal data breach as referred to in subsection 1.