§ 41 Application of provisions concerning criminal proceedings and proceedings to impose administrative fines

  1. 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. 2 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. 1 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. 2 Sections 56 to 58, 87, 88, 99 and 100 of the Administrative Offences Act shall not apply. 3 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.