§ 20 Judicial remedy

  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
    1. the natural or legal person as plaintiff or applicant, and
    2. the supervisory authority as defendant or respondent.

    Section 63 nos. 3 and 4 of the Code of Administrative Court Procedure shall remain unaffected.

  6. No preliminary proceedings shall take place.
  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.

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)