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) A single data protection officer may be designated for several public bodies, taking account of their organisational structure and size.
6. to handle complaints lodged by a data subject, or by a body, organisation or association in accordance with Article 55 of Directive (EU) 2016/680, and investigate, to the extent appropriate, the subject matter of the complaint and inform the complainant of the progress and the outcome of the investigation within a reasonable period, in particular if further investigation or coordination with another supervisory authority is necessary;
1. technical organisational measures to ensure that processing complies with Regulation (EU) 2016/679;
9. a process for regularly testing, assessing and evaluating the effectiveness of technical and organisational measures for ensuring the security of the processing;
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.
b) only serve purposes of monitoring data protection or safeguarding data, and providing information would require a disproportionate effort, and appropriate technical and organisational measures make processing for other purposes impossible.
2. ‘processing’ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation, alteration, retrieval,
5. ‘pseudonymization’ means the processing of personal data in such a manner that the data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data cannot be attributed to an identified or identifiable natural person;
16. ‘international organisation’ means an organisation and its subordinate bodies governed by public international law, or any other body which is set up by, or on the basis of, an agreement between two or more countries;
23. processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures.
Personal data may be processed in the context of purposes listed in Section 45 in archival, scientific or statistical form if doing so is in the public interest and appropriate safeguards for the legally protected interests of data subjects are implemented. Such safeguards may consist of rendering the personal data anonymous as quickly as possible, taking measures to prevent unauthorised disclosure to third parties, or in processing them organisationally and spatially separate from other tasks.
4. the recipients or categories of recipients to whom the data have been disclosed, in particular recipients in third countries or international organisations;
(2) Subsection 1 shall not apply to personal data recorded only because they may not be erased due to legal or statutory provisions on retention, or only for purposes of monitoring data protection or safeguarding data, if providing information would require a disproportionate effort, and appropriate technical and organisational measures make processing for other purposes impossible.
(2) A controller may use only processors providing sufficient guarantees to implement appropriate technical and organisational measures in such a manner that the processing will meet the requirements of the law and ensure the protection of the rights of the data subjects.
(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. the controller has implemented appropriate technical and organisational protection measures, and those measures were applied to the personal data affected by the personal data breach, in particular those that render the personal data unintelligible to any person who is not authorized to access them, such as encryption;
6. where applicable, the categories of transfers of personal data to bodies in a third country or to an international organisation;
9. a general description of the technical and organisational security measures referred to in Section 64.
2. where applicable, transfers of personal data to bodies in a third country or to an international organisation, including the identification of that third country or international organisation; and
3. a general description of the technical and organisational security measures according to Section 64.
(2) The controller shall implement appropriate technical and organisational measures to ensure that, by default, only personal data which are necessary for each specific purpose of the processing are processed. That applies to the amount of data collected, the extent of their processing, the period of their storage and their accessibility. In particular, the measures must ensure that by default the data are not made accessible by automated means to an indefinite number of persons.
(1) If all other conditions applicable to data transfers are met, the transfer of personal data to bodies in third countries or to international organisations shall be permitted if
1. the body or international organisation is responsible for the purposes referred to in Section 45, and
(4) The controller transferring data pursuant to subsection 1 shall take appropriate measures to ensure that the recipient will transfer the data onward to other third countries or other international organisations only with the prior authorisation of the controller. When deciding whether to authorize the transfer, the controller shall take into account all relevant factors, including the seriousness of the criminal offence, the purpose for which the personal data were originally transferred and the level of personal data protection in the third country or international organisation to which the data are to be transferred onward. The transfer shall be authorized only if a direct transfer to the other third country or international organisation would be lawful. The responsibility for issuing authorisation may also be otherwise provided for.
(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.