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 provisions1. public bodies of the Federation,]
2. public bodies of the Länder, where data protection is not governed by Land law and where they
(4) This Act shall apply to public bodies. It shall apply to private bodies if
(8) Regulation (EU) 2016/679 and Parts 1 and 2 of this Act shall apply accordingly to processing of personal data by public bodies in the context of activities outside the scope of Regulation (EU) 2016/679 and Directive (EU) 2016/680 unless otherwise provided for in this or another Act.
(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.
(2) Public bodies of the Länder are the authorities, judicial bodies and other public law institutions of a Land, a municipality, an association of municipalities or of other legal
(3) Associations of public bodies of the Federation and the Länder which are established under private law and perform tasks of public administration shall be regarded as public bodies of the Federation irrespective of the participation of private bodies if
Otherwise they shall be regarded as public bodies of the Länder.
(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.
Public bodies shall be permitted to process personal data if such processing is necessary to perform the task for which the controller is responsible or to exercise official authority which has been vested in the controller.
1. for public bodies to perform their tasks,
(1) Public bodies shall designate a data protection officer. This shall also apply to public bodies as defined in Section 2 (5) which take part in competition.
(2) A single data protection officer may be designated for several public bodies, taking account of their organisational structure and size.
(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
(6) Subsections 3 and 4, fifth to seventh sentences, shall apply accordingly to the public bodies responsible for monitoring compliance with the data protection provisions in the Länder.
(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.
(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.
1. personal data obtained by public bodies of the Federation concerning the contents of and specific circumstances relating to postal communications and telecommunications, and
(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.
2. by public bodies if
(1) Public bodies shall be permitted to process personal data for a purpose other than the one for which the data were collected where such processing is necessary for them to perform their duties and if
(1) The transfer of personal data by public bodies to public bodies shall be permitted if it is necessary for the transferring body or the third party to whom the data are transferred to perform their duties and the conditions are met which would permit processing pursuant to Section 23. The third party to whom the data are transferred shall process the transferred data only for the purpose for which they were transferred. Processing for other purposes shall be permitted only if the conditions of Section 23 are met.
(2) Public bodies shall be permitted to transfer personal data to private bodies if
5. would endanger a confidential transfer of data to public bodies.
(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) Authorities and other public bodies as referred to in Section 2 (1) shall not be subject to any administrative fines.
The provisions of this Part shall apply to the processing of personal data by public bodies competent for the prevention, investigation, detection or prosecution of criminal or administrative offences or the execution of criminal or administrative penalties, as far as they process data for the purpose of carrying out these tasks. The public bodies shall be regarded in that case as controllers. The prevention of criminal offences as referred to in the first sentence shall include protection against and prevention of threats to public security. The first and second sentences shall also apply to those public bodies responsible for executing penalties, measures as referred to in Section 11 (1) no. 8 of the Criminal Code, educational or disciplinary measures as referred to in the Juvenile Court Act or fines. As far as this Part contains provisions for processors, it shall also apply to them.
(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.
Section 42 shall apply accordingly to the processing of personal data by public bodies in the context of activities pursuant to Section 45, first, third or fourth sentences.
(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
