If this Act does not apply in accordance with the second sentence, only Sections 8 to 21 and 39 to 44 shall apply to the controller or processor.

(4) Private bodies are natural and legal persons, societies and other associations established under private law unless they are covered by subsections 1 to 3. If a private body performs sovereign tasks of the public administration, it shall be a public body as defined in this Act.

(3) Storing or using data collected pursuant to subsection 1 shall be permitted if necessary to achieve the intended purpose and if there is nothing to indicate legitimate overriding interests of the data subjects. Subsection 1, second sentence, shall apply accordingly. The data may be further processed for another purpose only if necessary to prevent threats to state and public security and to prosecute crimes.

(4) If data collected from video surveillance are attributed to a particular person, that person shall be informed of the processing in accordance with Articles 13 and 14 of Regulation (EU) 2016/679. Section 32 shall apply accordingly.

(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.

(3) The data protection officer shall be designated on the basis of professional qualities and, in particular, expert knowledge of data protection law and practices and the ability to fulfil the tasks referred to in Section 7.

(2) The public body shall support the data protection officer in performing the tasks referred to in Section 7 by providing resources necessary to carry out those tasks and access to personal data and processing operations, and to maintain his or her expert knowledge.

(4) The dismissal of the data protection officer shall be permitted only by applying Section 626 of the Civil Code accordingly. The data protection officer’s employment shall not be terminated unless there are facts which give the public body just cause to terminate without notice. After the activity as data protection officer has ended, the data protection officer may not be terminated for a year following the end of appointment, unless the public body has just cause to terminate without notice.

3. to provide advice as regards the data protection impact assessment and monitor its implementation pursuant to Section 67 of this Act;

5. to act as the contact point for the supervisory authority on issues relating to processing, including the prior consultation referred to in Section 69 of this Act, and to consult, where appropriate, with regard to any other matter.

(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.

(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.

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.

(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.

10. to provide advice on the processing operations referred to in Section 69; and

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.

2. personal data subject to professional or special official secrecy, especially tax secrecy under Section 30 of the German Fiscal Code.

(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.

(3) The joint representative and his or her deputy shall be bound by the common position pursuant to subsections 1 and 2 and shall determine by mutual agreement the conduct of negotiations according to this common position. Should they fail to reach agreement, the deputy shall decide the further conduct of negotiations for the matters referred to in Section 18 (2), second sentence. For other matters, the joint representative shall have the deciding vote.

(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.

(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.

(1) Recourse to the administrative courts shall be provided for disputes between natural or legal persons and a supervisory authority of the Federation or a Land concerning rights according to Article 78 (1) and (2) of Regulation (EU) 2016/679 and Section 61. The first sentence shall not apply to administrative fine proceedings.

(2) The Code of Administrative Court Procedure shall be applied in compliance with subsections 3 to 7.

(3) For proceedings pursuant to subsection 1, first sentence, the administrative court in whose district the supervisory authority is located shall be locally competent.

(4) In proceedings pursuant to subsection 1, first sentence, the supervisory authority shall be competent to take part.

(5) Parties to proceedings pursuant to subsection 1, first sentence, shall be

2. the supervisory authority as defendant or respondent. Section 63 nos. 3 and 4 of the Code of Administrative Court Procedure shall remain unaffected.

(7) With respect to an authority or its legal entity, the supervisory authority shall not order immediate execution in accordance with Section 80 (2), first sentence, no. 4 of the Code of Administrative Court Procedure.

(2) Recourse to the administrative courts shall be provided for proceedings pursuant to subsection 1. The Code of Administrative Court Procedure shall be applied in compliance with subsections 3 to 6.

(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.

c) processing is necessary for reasons of public interest in the area of public health, such as protecting against serious cross-border threats to health or ensuring high standards of quality and safety of health care and of medicinal products or medical devices; in addition to the measures referred to in subsection 2, in particular occupational and criminal law provisions to ensure professional secrecy shall be complied with;

(2) In the cases of subsection 1, appropriate and specific measures shall be taken to safeguard the interests of the data subject. Taking into account the state of the art, the cost of implementation and the nature, scope, context and purposes of processing as well as the risks of varying likelihood and severity for rights and freedoms of natural persons posed by the processing, these measures may include in particular the following:

4. processing is necessary to prosecute criminal or administrative offences, to carry out or enforce punishment or measures as referred to in Section 11 (1) no. 8 of the Criminal Code or educational or disciplinary measures as referred to in the Juvenile Court Act or to enforce fines;

(1) of Regulation (EU) 2016/679 for a purpose other than the one for which the data were collected shall be permitted if the conditions of subsection 1 are met and an exception pursuant to Article 9 (2) of Regulation (EU) 2016/679 or pursuant to Section 22 applies.

(1) of Regulation (EU) 2016/679 for a purpose other than the one for which the data were collected shall be permitted if the conditions of subsection 1 are met and an exception pursuant to Article 9 (2) of Regulation (EU) 2016/679 or pursuant to Section 22 applies.

(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.

1. transfer is necessary for the transferring body to perform its duties and the conditions are met which would permit processing pursuant to Section 23;

(3) The transfer of special categories of personal data as referred to in Article 9 (1) of Regulation (EU) 2016/679 shall be permitted if the conditions of subsection 1 or 2 are met and an exception pursuant to Article 9 (2) of Regulation (EU) 2016/679 or pursuant to Section 22 applies.

(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.

(7) Subsections 1 to 6 shall also apply when personal data, including special categories of personal data, of employees are processed without forming or being intended to form part of a filing system.

(1) 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 shall be permitted also without consent for scientific or historical research purposes or statistical purposes, if such processing is necessary for these purposes and the interests of the controller in processing substantially outweigh those of the data subject in not processing the data. The controller shall take appropriate and specific measures to safeguard the interests of the data subject in accordance with Section 22 (2), second sentence.

(3) In addition to the measures listed in Section 22 (2), special categories of personal data as referred to in Article 9 (1) of Regulation (EU) 2016/679 processed for scientific or historical research purposes or statistical purposes shall be rendered anonymous as soon as the research or statistical purpose allows, unless this conflicts with legitimate interests of the data subject. Until such time, the characteristics enabling information concerning personal or material circumstances to be attributed to an identified or identifiable individual shall be stored separately. They may be combined with the information only to the extent required by the research or statistical purpose.

(1) 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 shall be permitted if necessary for archiving purposes in the public interest. The controller shall take appropriate and specific measures to safeguard the interests of the data subject in accordance with Section 22 (2), second sentence.

(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.

(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.

(2) The use of a probability value calculated by credit reporting agencies to determine a natural person’s ability and willingness to pay shall be permitted in the case of including information on claims only as far as the conditions of subsection 1 are met and only claims concerning a performance owed which has not been rendered on time are considered

1. which have been established by a final decision or a decision declared enforceable for the time being, or if an executory title has been issued under Section 794 of the Code of Civil Procedures,

2. which have been established under Section 178 of the Insolvency Act and have not been disputed by the debtor at the verification meeting,

(2) If information is not provided to the data subject pursuant to subsection 1, the controller shall take appropriate measures to protect the legitimate interests of the data subject, including providing the information referred to in Article 13 (1) and (2) of Regulation (EU) 2016/679 for the public in precise, transparent, understandable and easily accessible form in clear and simple language. The controller shall set down in writing the reasons for not providing information. The first and second sentences shall not apply in the cases of subsection 1 nos. 4 and 5.

(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.

(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

(2) If information is not provided to the data subject pursuant to subsection 1, the controller shall take appropriate measures to protect the legitimate interests of the data subject, including providing the information referred to in Article 14 (1) and (2) of Regulation (EU) 2016/679 for the public in precise, transparent, understandable and easily accessible form in clear and simple language. The controller shall set down in writing the reasons for not providing information.

(1) In addition to the exceptions in Section 27 (2), 28 (2) and 29 (1), second sentence, the data subject’s right of access according to Article 15 of Regulation (EU) 2016/679 shall not apply if

1. the data subject shall not be informed pursuant to Section 33 (1) no. 1, no. 2 (b) or (3), or

(2) In addition to Article 18 (1) (b) and (c) of Regulation (EU) 2016/679, subsection 1, first and second sentences shall apply accordingly in the case of Article 17 (1) (a) and (d) of Regulation (EU) 2016/679 as long and as far as the controller has reason to believe that erasure would adversely affect legitimate interests of the data subject. The controller shall inform the data subject of the restriction of processing if doing so is not impossible or would not involve a disproportionate effort.

(3) In addition to Article 17 (3) (b) of Regulation (EU) 2016/679, subsection 1 shall apply accordingly in the case of Article 17 (1) (a) of Regulation (EU) 2016/679 if erasure would conflict with retention periods set by statute or contract.

(2) Decisions pursuant to subsection 1 may be based on the processing of health data as referred to in Article 4 no. 15 of Regulation (EU) 2016/679. The controller shall take appropriate and specific measures to safeguard the interests of the data subject in accordance with Section 22 (2), second sentence.

(2) Section 6 (4), (5), second sentence, and (6) shall apply, Section 6 (4) however shall apply only if designating a data protection officer is mandatory.

The power to act as a certification body in accordance with Article 43 (1), first sentence of Regulation (EU) 2016/679 shall be granted by the supervisory authority of the Federation or the Länder responsible for data protection supervision of the certification body on the basis of accreditation by the German accreditation body. Section 2 (3), second sentence, Section 4 (3) and Section 10 (1), first sentence, no. 3 of the Accreditation Body Act shall apply on the condition that data protection falls within the scope of Section 1 (2), second sentence.

(2) If the controller or processor has more than one establishment in Germany, Article 4 no. 16 of Regulation (EU) 2016/679 shall apply accordingly in determining which supervisory authority is competent. If more than one authority considers itself competent or not competent, or when the competence is unclear for other reasons, the supervisory authorities shall make a joint decision in accordance with Section 18 (2). Section 3 (3) and

3. processing is necessary to prosecute crimes or administrative offences, to carry out or enforce punishment or measures as referred to in Section 11 (1) no. 8 of the Criminal Code or educational or disciplinary measures as referred to in the Juvenile Court Act or to enforce fines.

If the supervisory authority determines that data protection legislation has been violated, it shall have the power to inform the data subjects concerned, to report the violation to other bodies responsible for prosecution or punishment and, in the case of serious violations, to notify the trade supervisory authority to take measures under trade and industry law. Section 13 (4), fourth to seventh sentences shall apply accordingly.

(4) The bodies subject to monitoring and the persons responsible for their management shall provide a supervisory authority on request with the information necessary to perform their tasks. The person required to provide information may refuse to answer those questions which would expose himor herself or a relative as referred to in Section 383 (1) nos. 1 to 3 of the Code of Civil Procedure to the risk of criminal prosecution or proceedings under the Administrative Offences Act. The person required to provide information shall be informed accordingly.

(5) Persons assigned by the supervisory authority to monitor compliance with data protection legislation shall be authorized, as needed to perform their tasks, to enter the property and premises of the body and to have access to all data processing equipment and means. The body shall be obligated to tolerate such access. Section 16 (4) shall apply accordingly.

(1) Unless this Act provides otherwise, the provisions of the Administrative Offences Act shall apply accordingly to violations pursuant to Article 83 (4) to (6) of Regulation (EU) 2016/679. Sections 17, 35 and 36 of the Administrative Offences Act shall not apply. Section 68 of the Administrative Offences Act shall apply on the condition that the regional court shall decide if the administrative fine exceeds the amount of one hundred thousand euros.

(2) Unless this Act provides otherwise, the provisions of the Administrative Offences Act and the general laws on criminal procedures, namely the Code of Criminal Procedure and the Judicature Act, shall apply accordingly in proceedings for violations pursuant to Article 83 (4) to (6) of Regulation (EU) 2016/679. Sections 56 to 58, 87, 88, 99 and 100 of the Administrative Offences Act shall not apply. Section 69 (4), second sentence of the Administrative Offences Act shall apply on the condition that the public prosecutor’s office may stop the proceedings only with the approval of the supervisory authority which issued the administrative decision imposing a fine.

(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.

1. in violation of Section 30 (1) failing to treat a request for information properly, or

2. in violation of Section 30 (2), first sentence, failing to inform a consumer or doing so incorrectly, incompletely or too late.

(3) Authorities and other public bodies as referred to in Section 2 (1) shall not be subject to any administrative fines.

(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.

(2) Subsection 1 shall not apply to proceedings against public authorities acting in the exercise of their sovereign powers.

(3) If the controller or processor has designated a representative pursuant to Article 27 (1) of Regulation (EU) 2016/679, this representative shall also be an authorized recipient in civil law proceedings pursuant to subsection 1. Section 184 of the Code of Civil Procedure shall remain unaffected.

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.

Processing personal data for a purpose other than the one for which they were collected shall be permitted if the other purpose is one of the purposes listed in Section 45, the controller is authorized to process data for this purpose, and processing is necessary and proportionate to this purpose. Processing personal data for another purpose not listed in Section 45 shall be permitted if it is allowed by law.

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.

(2) Decisions referred to in subsection 1 shall not be based on special categories of personal data unless suitable measures to safeguard the data subject's legally protected and legitimate interests are in place.

1. the information listed in Section 55;

(2) In the cases of subsection 1, the controller may postpone, limit or refrain from notification if and so long as

1. the performance of the tasks listed in Section 45,

(4) Section 57 (7) shall apply accordingly in case of restriction pursuant to subsection 2.

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

(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.

(4) Subject to the conditions of Section 56 (2), the controller may dispense with the provision of information pursuant to subsection 1, first sentence, or restrict, wholly or partly, the provision of information pursuant to subsection 1, second sentence.

(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.

2. the data must be retained for the purposes of evidence in proceedings serving the purposes of Section 45, or

(5) If the controller has rectified inaccurate data, he or she shall communicate the rectification to the body from which he or she received the personal data. In cases of rectification, erasure or restriction of processing pursuant to subsections 1 to 3, the controller shall inform recipients to whom the data were transferred about these measures. The recipient shall rectify or erase the data or restrict their processing.

(6) The controller shall inform the data subject in writing of any refusal to rectify or erase personal data or restrict its processing. This shall not apply if providing this information would entail a threat as referred to in Section 56 (2). The information pursuant to the first sentence shall include the reasons for the refusal unless providing the reasons would undermine the intended purpose of the refusal.

(7) Section 57 (7) and (8) shall apply accordingly.

(2) When responding to requests, without prejudice to Section 57 (6) and Section 58 (6) the controller shall inform the data subject in writing about the follow-up to his or her request without delay.

(3) Information provided pursuant to Section 55, any communication made pursuant to Sections 56 and 66, and requests processed pursuant to Sections 57 and 58 shall be free of charge. Where a request pursuant to Sections 57 and 58 is manifestly unfounded or excessive, the controller may charge a reasonable fee based on its administrative costs, or may refuse to act on the request. In this case, the controller must be able to demonstrate the manifestly unfounded or excessive character of the request.

(4) Where the controller has reasonable doubts concerning the identity of a data subject making the request pursuant to Sections 57 or 58, the controller may request the provision of additional information necessary to confirm the identity of the data subject.

(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) 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.

(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.

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;

7. complies with the conditions referred to in subsections 3 and 4 for engaging another processor;

8. takes all measures required pursuant to Section 64; and

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.

(6) The contract referred to in subsection 5 shall be in writing or in an electronic form.

(2) The measures referred to in subsection 1 may include pseudonymization and encryption of personal data, if such means are possible in view of the purposes of processing. The measures pursuant to subsection 1 should ensure

(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.

(6) If the personal data breach involves personal data that have been transmitted by or to a controller in another Member State of the European Union, the information referred to in subsection 3 shall be communicated to the controller in that Member State without delay.

(7) Section 42 (4) shall apply accordingly.

(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.

2. the controller has taken subsequent measures which ensure that the substantial risk referred to in subsection 1 is no longer likely to exist;

(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.

(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.

(6) Section 42 (4) shall apply accordingly.

1. a data protection impact assessment pursuant to Section 67 indicates that the processing would result in a substantial risk to the legally protected interests of data subjects in the absence of measures taken by the controller to mitigate the risk; or

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

1. the data protection impact assessment carried out pursuant to Section 67;

(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.

9. a general description of the technical and organisational security measures referred to in Section 64.

3. a general description of the technical and organisational security measures according to Section 64.

(3) The records referred to in subsections 1 and 2 shall be in writing or in electronic form.

(3) Section 58 (3) to (5) shall apply accordingly. The recipient shall also be informed if inaccurate personal data have been transmitted, or if personal data have been transmitted unlawfully.

1. the body or international organisation is responsible for the purposes referred to in Section 45, and

(2) No transfer of personal data shall be permitted, despite an adequacy decision as referred to in subsection 1 no. 2 and the public interest in the data transfer to be taken into account, if in the individual case it cannot be ensured that the data will be handled appropriately in terms of data protection law and in accordance with fundamental human rights in the area of responsibility of the recipient, or if a transfer would conflict with other overriding legitimate interests of a data subject. The controller shall base its assessment on whether the recipient in the individual case guarantees appropriate protection of the transferred data.

(3) If personal data which have been transmitted or made available from another European Union Member State are to be transferred pursuant to subsection 1, the competent body of the other Member State must provide prior authorisation of the transfer. Transfers without the prior authorisation shall be permitted only if the transfer is necessary to prevent an immediate and serious threat to the public security of a country or to essential interests of a Member State and the prior authorisation cannot be obtained in time. In the case of the second sentence, the other Member State’s body responsible for giving prior authorisation shall be informed of the transfer without delay.

(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) In the absence of a decision pursuant to Article 36 (3) of Directive (EU) 2016/680, transfers which meet the remaining requirements of Section 78 shall be permitted also if

(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) If in derogation from Section 78 (1) no. 2, no decision pursuant to Article 36 (3) of Directive (EU) 2016/680 or appropriate safeguards as referred to in Section 79 (1) exist, transfers which meet the remaining requirements of Section 78 shall be permitted also if they are necessary

4. in individual cases for the purposes referred to in Section 45; or

5. in an individual case for the establishment, exercise or defence of legal claims relating to the purposes referred to in Section 45.

(2) The controller shall not transfer data pursuant to subsection 1 if the fundamental rights of the data subject override the public interest in the transfer.

(3) Section 79 (2) shall apply accordingly to transfers pursuant to subsection 1.

(1) In special individual cases and if all other requirements for data transfers to third countries are met, controllers may transfer personal data directly to recipients in third countries not referred to in Section 78 (1) no. 1 if the transfer is strictly necessary for the performance of their tasks and

2. transfer to the bodies referred to in Section 78 (1) no. 1 would be ineffective or inappropriate, in particular because the transfer cannot be carried out in time; and

(2) In the case of subsection 1, the controller shall inform the bodies referred to in Section 78 (1) no. 1 of the transfer without delay, unless this is ineffective or inappropriate.

(3) Section 79 (2) and (3) shall apply accordingly to transfers pursuant to subsection 1.

(4) In the case of transfers pursuant to subsection 1, the transmitting controller shall

(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.

(4) Section 254 of the Civil Code shall apply to contributory negligence on the part of the data subject.

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.

(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.

1. in the cases referred to in Section 32 (1) nos. 1 to 3, or

If the data subject is not to be informed in the cases of the first sentence, no right of access shall apply. Sections 32 (2) and 33 (2) shall not apply.

3. In the table of contents, the following text shall be inserted after the reference to Section 42a:

“Section 42b Application of the supervisory authority for a court decision if it believes that a decision by the Commission violates European law”

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.”

5. The following Section 42b shall be added after Section 42a: “Section 42b Application of the supervisory authority for a court decision if it believes that a decision by the European Commission violates the law

(2) Recourse to the administrative courts shall be provided for proceedings pursuant to subsection 1. The Code of Administrative Court Procedure shall be applied in compliance with subsections 3 to 6.

(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.