§ 2 Definitions

  1. Public bodies of the Federation are the authorities, judicial bodies and other pub- lic 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 persons under public law subject to Land supervision and of their associations irrespective of their legal form.
  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
    1. they operate beyond the borders of a Land, or
    2. the Federation holds the absolute majority of shares or controls the absolute majority of votes.

    Otherwise they shall be regarded as public bodies of the Länder.

  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.
  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 bod- ies 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.

Content of the FDPA (new)

Part 1 – Common provisions (§§ 1 - 21)

Part 2 – Implementing provisions for processing for purposes in accordance with Article 2 of Regulation (EU) 2016/679 (§§ 22-44)

Chapter 1 – Legal basis for processing personal data
Sub-chapter 1 – Processing of special categories of personal data and processing for other purposes

Sub-chapter 2 – Special processing situations

Chapter 2 – Rights of the data subject

Chapter 3 – Obligations of controllers and processors

Chapter 4 – Supervisory authorities for data processing by private bodies

Chapter 5 – Penalties

Chapter 6 – Legal remedies

Part 3 – Implementing provisions for processing for purposes in accordance with Article 1 (1) of Directive (EU) 2016/680 (§§ 45-84)

Chapter 1 – Scope, definitions and general principles for processing personal data

Chapter 2 – Legal basis for processing personal data

Chapter 3 – Rights of the data subject

Chapter 4 – Obligations of controllers and processors

Chapter 6 – Cooperation among supervisory authorities

Chapter 7 – Liability and penalties

Part 4 – Special provisions for processing in the context of activities outside the scope of Regulation (EU) 2016/679 und Directive (EU) 2016/680 (§ 85)