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 provisions8. ensure that the confidentiality and integrity of personal data are protected during transfers of personal data or during transport of data media (‘transport control’);
6. where applicable, the categories of transfers of personal data to bodies in a third country or to an international organisation;
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
4. disclosure including transfers,
(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
(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.
(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
(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
(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
