Chapter 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 bodies
Sub-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 reports
Chapter 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 profiling
Chapter 3 - Obligations of controllers and processors
Section 38 - Data protection officers of private bodiesSection 39 - Accreditation
Chapter 4 - Supervisory authorities for data processing by private bodies
Section 40 - Supervisory authorities of the Länder
Chapter 5 - Penalties
Section 41 - Application of provisions concerning criminal proceedings and proceedings to impose administrative finesSection 42 - Penal provisionsSection 43 - Provisions on administrative fines
Chapter 6 - Legal remedies
Section 44 - Proceedings against a controller or processor

Chapter 1 - Scope, definitions and general principles for processing personal data
Section 45 - ScopeSection 46 - DefinitionsSection 47 - General principles for processing personal data
Chapter 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 decision
Chapter 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 action
Chapter 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 violations
Chapter 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 countries
Chapter 6 - Cooperation among supervisory authorities
Section 82 - Mutual assistance
Chapter 7 - Liability and penalties
Section 83 - CompensationSection 84 - Penal provisions

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Section 1
(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.
Section 6
(5) Data subjects may contact the data protection officer with regard to all issues related to processing of their personal data and to the exercise of their rights under Regulation (EU) 2016/679, this Act and other data protection legislation. The data protection officer shall be bound by secrecy concerning the identity of data subjects and concerning circumstances enabling data subjects to be identified, unless they are released from this obligation by the data subject.
Section 7
1. to inform and advise the public body and the employees who carry out processing of their obligations pursuant to this Act and other data protection legislation, including legislation enacted to implement Directive (EU) 2016/680;
Section 13
(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.
Section 14
4. to promote the awareness of controllers and processors of their obligations under this Act and other data protection legislation, including legislation adopted to implement Directive (EU) 2016/680;
Section 19
(2) The supervisory authority with which a data subject has lodged a complaint shall forward the complaint to the lead supervisory authority referred to in subsection 1; in the absence of such a lead supervisory authority, the complaint shall be forwarded to the supervisory authority of a Land in which the controller or processor has an establishment. If a complaint is lodged with a supervisory authority which is not responsible for the matter, this authority shall forward the complaint to the supervisory authority where the applicant resides, if it is not possible to forward the complaint as referred to in the first sentence. The receiving supervisory authority shall be regarded as the supervisory authority according to Chapter VII of Regulation (EU) 2016/679 with whom the complaint was lodged, and shall fulfil the obligations referred to in Article 60 (7) to (9) and Article 65 (6) of Regulation (EU) 2016/679.
Section 22
a) processing is necessary to exercise the rights derived from the right of social security and social protection and to meet the related obligations;
Section 22
b) processing is necessary for the purposes of preventive medicine, for the assessment of the working capacity of the employee, medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems and services or pursuant to the data subject’s contract with a health professional and if these data are processed by health professionals or other persons subject to the obligation of professional secrecy or under their supervision; or
Section 22
d) processing is necessary for urgent reasons of defence or to fulfil intergovernmental obligations of a public body of the Federation in the field of crisis management or conflict prevention or for humanitarian measures;
Section 26
(1) Personal data of employees may be processed for employment-related purposes where necessary for hiring decisions or, after hiring, for carrying out or terminating the employment contract or to exercise or satisfy rights and obligations of employees’ representation laid down by law or by collective agreements or other agreements between the employer and staff council. Employees’ personal data may be processed to detect crimes only if there is a documented reason to believe the data subject has committed a crime while employed, the processing of such data is necessary to investigate the crime and is not outweighed by the data subject’s legitimate interest in not processing the data, and in particular the type and extent are not disproportionate to the reason.
Section 26
(3) By derogation from Article 9 (1) of Regulation (EU) 2016/679, the processing of special categories of personal data as referred to in Article 9 (1) of Regulation (EU) 2016/679 for employment-related purposes shall be permitted if it is necessary to exercise rights or comply with legal obligations derived from labour law, social security and social protection law, and there is no reason to believe that the data subject has an overriding legitimate interest in not processing the data. Subsection 2 shall also apply to consent to the processing of special categories of personal data; consent must explicitly refer to these data. Section 22 (2) shall apply accordingly.
Section 29
(1) In addition to the exceptions in Article 14 (5) of Regulation (EU) 2016/679, the obligation to provide information to the data subject according to Article 14 (1) to (4) of Regulation (EU) 2016/679 shall not apply as far as meeting this obligation would disclose information which by its nature must be kept secret, in particular because of overriding legitimate interests of a third party. The right of access according to Article 15 of Regulation (EU) 2016/679 shall not apply as far as access would disclose information which by law or by its nature must be kept secret, in particular because of overriding legitimate interests of a third party. In addition to the exception in Article 34 (3) of Regulation (EU) 2016/679, the obligation to inform the data subject of a personal data breach according to Article 34 of Regulation (EU) 2016/679 shall not apply as far as meeting this obligation would disclose information which by law or by its nature must be kept secret, in particular because of overriding legitimate interests of a third party. By derogation from the exception pursuant to the third sentence, the data subject pursuant to Article 34 of Regulation (EU) 2016/679 shall be informed if the interests of the data subject outweigh the interest in secrecy, in particular taking into account the threat of damage.
Section 29
(2) If in the context of a client-lawyer relationship the data of third persons are transferred to persons subject to a legal obligation of professional secrecy, the transferring body shall not be obligated to inform the data subject according to Article 13 (3) of Regulation (EU) 2016/679 unless the data subject has an overriding interest in being informed.
Section 29
(3) The supervisory authorities shall not have the investigative powers according to Article 58 (1) (e) and (f) of Regulation (EU) 2016/679 with regard to the persons listed in Section 203 (1), (2a) and (3) of the Criminal Code or their processors as far as exercising these powers would violate these persons’ obligations to secrecy. If in the context of an investigation a supervisory authority becomes aware of data subject to an obligation of secrecy as referred to in the first sentence, the obligation of secrecy shall also apply to the supervisory authority.
Section 32
(1) In addition to the exception in Article 13 (4) of Regulation (EU) 2016/679, the obligation to provide information to the data subject according to Article 13 (3) of Regulation (EU) 2016/679 shall not apply if providing information about the planned further use
Section 32
(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.
Section 33
(1) In addition to the exception in Article 14 (5) of Regulation (EU) 2016/679 and in Section 29 (1), first sentence, the obligation to provide information to the data subject according to Article 14 (1), (2) and (4) of Regulation (EU) 2016/679 shall not apply if providing information
Section 53
Persons employed in data processing shall not process personal data without authorisation (confidentiality). They shall be obligated when taking up their duties to maintain confidentiality. The obligation of confidentiality shall continue after their employment ends.
Section 58
(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.
Section 62
(4) Where a processor engages another processor, the former shall impose on the latter the same data protection obligations as set out in the contract between the controller and the processor as referred to in subsection 5 if these obligations are not already binding for the latter processor because of other legislation. Where that other processor fails to fulfil these obligations, the initial processor shall remain fully liable to the controller for the performance of that other processor's obligations.
Section 62
(5) Processing by a processor shall be governed by a contract or other legal instrument that is binding on the processor with regard to the controller and that sets out the subject matter and duration of the processing, the nature and purpose of the processing, the type of personal data and categories of data subjects and the obligations and rights of the controller. That contract or other legal instrument shall stipulate, in particular, that the processor
Section 62
2. ensures that persons authorized to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality;
Section 62
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;
Section 62
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.
Section 63
Where two or more controllers jointly determine the purposes and means of processing, they shall be considered joint controllers. Joint controllers shall determine their respective tasks and responsibilities under data protection law in a transparent manner in an agreement, unless these tasks and responsibilities are already determined by law. In particular, this agreement must indicate which of them must meet which information obligations, and how and with respect to whom data subjects may exercise their rights. Such an agreement shall not prevent data subjects from asserting their rights against each of the joint controllers.
Section 65
(8) Additional obligations of the controller regarding notifications of personal data breaches shall remain unaffected.
Section 74
(2) If the processing of personal data is subject to special conditions, in transmissions of data the transmitting body shall inform the recipient of these conditions and the requirement to respect them. The obligation of providing information may be met by marking the data accordingly.
Section 75
(2) The controller shall erase personal data without delay if their processing is unlawful, they must be erased to comply with a legal obligation, or knowledge of the data is no longer necessary for the controller to perform its tasks.
Section 83
(1) If a controller has caused a data subject to suffer damage by processing personal data in violation of this Act or other law applicable to this processing, the controller or its legal entity shall be obligated to provide compensation to the data subject. This obligation to provide compensation shall not apply if, in the case of non-automated processing, the damage was not the result of fault by the controller.
Section 85
(1) The transfer of personal data to a third country, to supranational or intergovernmental bodies or to international organisations in the context of activities outside the scope of Regulation (EU) 2016/679 and Directive (EU) 2016/680 shall be permitted in addition to the cases permitted under Regulation (EU) 2016/679 also if the processing is necessary to perform tasks for urgent reasons of defence or to fulfil supraor intergovernmental obligations of a public body of the Federation in the field of crisis management or conflict prevention or for humanitarian measures. The recipient shall be instructed that the transferred data may be used only for the purpose for which they were transferred.
Section 85
(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.
Section 85
(3) Processing by public bodies of the Federation in the context of activities outside the scope of Regulation (EU) 2016/679 and Directive (EU) 2016/680 shall not be subject to the obligation to provide information in accordance with Article 13 (1) and (2) of Regulation (EU) 2016/679
Section 85
2. if meeting this obligation would disclose information which by law or by its nature must be kept secret, in particular because of legitimate interests of a third party which outweigh the interests of the data subject in obtaining the information.