§ 42 Penal provisions

  1. The following actions done deliberately and without authorization with regard to the personal data of a large number of people which are not publicly accessible shall be punishable with imprisonment of up to three years or a fine:
    1. transferring the data to a third party or
    2. otherwise making them accessible

    for commercial purposes.

  2. The following actions done with regard to personal data which are not publicly accessible shall be punishable with imprisonment of up to two years or a fine:
    1. processing without authorization, or
    2. fraudulently acquiring

    and doing so in return for payment or with the intention of enriching oneself or someone else or harming someone.

  3. 1 Such offences shall be prosecuted only if a complaint is filed. 2 The data subject, the controller, the Federal Commissioner and the supervisory authority shall be entitled to file complaints.
  4. A notification pursuant to Article 33 of Regulation (EU) 2016/679 or a communication pursuant to Article 34 (1) of Regulation (EU) 2016/679 may be used in criminal proceedings against the person required to provide a notification or a communication or relatives as referred to in Section 52 (1) of the Code of Criminal Procedure only with the consent of the person required to provide a notification or a communication.