§ 43 Provisions on administrative fines

  1. Intentionally or negligently engaging in the following shall be deemed an administrative offence:
    1. in violation of Section 30 (1) failing to treat a request for information properly, or
    2. in violation of Section 30 (2), first sentence, failing to inform a consumer or doing so incorrectly, incompletely or too late.
  2. An administrative offence may be punished by a fine of up to fifty thousand euros.
  3. Authorities and other public bodies as referred to in Section 2 (1) shall not be subject to any administrative fines
  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 proceedings pursuant to the Administrative Offences Act 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.

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)