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 provisions5. upon request, to provide information to any data subject concerning the exercise of their rights under this Act and other data protection legislation, including legislation adopted to implement Directive (EU) 2016/680, and if appropriate, to cooperate with the supervisory authorities in other Member States to that end;
7. to cooperate with, including by sharing information, and provide mutual assistance to other supervisory authorities, to ensure the consistency of application and enforcement of this Act and other data protection legislation, including legislation adopted to implement Directive (EU) 2016/680;
(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.
(1) The Federal Commissioner and the supervisory authorities of the Länder (supervisory authorities of the Federation and the Länder) shall work together in European Union matters with the aim of consistently applying Regulation (EU) 2016/679 and Directive (EU) 2016/680. Before submitting a common position to the supervisory authorities of the other Member States, the European Commission or the European Data Protection Board, the supervisory authorities of the Federation and the Länder shall give each other the opportunity to comment at an early stage. For this purpose, they shall share all relevant information. The supervisory authorities of the Federation and the Länder shall consult the specific supervisory authorities established under Articles 85 and 91 of Regulation (EU) 2016/679 if these authorities are affected by the matter.
(2) If the supervisory authorities of the Federation and the Länder fail to achieve agreement on a common position, the lead supervisory authority, or, in the absence of a lead authority, the joint representative and his or her deputy, shall present a recommendation for a common position. If the joint representative and his or her deputy fail to agree on a recommendation for a common position, the deputy shall determine the recommendation for a common position in matters dealing with the performance of a task for which the Länder alone have the right to legislate, or which affect the establishment or procedures of Land authorities. For matters other than those referred to in the second sentence in which the joint representative and deputy fail to agree, the joint representative shall determine the common position. The negotiations shall be based on the position recommended pursuant to the first to third sentences unless the supervisory authorities of the Federation and the Länder adopt a different position with a simple majority. The Federation and each Land each have one vote. Abstentions shall not be counted.
(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) 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) The supervisory authority may process the data it has stored only for purposes of supervision; to this end, it may transfer data to other supervisory authorities. Processing for another purpose shall be permitted in addition to Article 6 (4) of Regulation (EU) 2016/679 if
(6) The supervisory authorities shall advise and support the data protection officers to meet their typical needs. They may demand the dismissal of a data protection officer if he or she does not have the expert knowledge needed to perform his or her tasks or if there is a serious conflict of interests as referred to in Article 38 (6) of Regulation (EU) 2016/679.
(1) The Federal Commissioner shall provide the supervisory authorities in other European Union Member States with information and mutual assistance as far as necessary to implement and apply Directive (EU) 2016/680 in a consistent manner. Mutual assistance shall cover, in particular, information requests and supervisory measures, such as requests to carry out consultations, inspections and investigations.
