§ 44 Proceedings against a controller or processor

  1. 1 Proceedings against a controller or a processor for a violation of data protection law within the scope of Regulation (EU) 2016/679 or the rights of the data subject contained therein may be brought by a data subject before the court in the place where the controller or processor has an establishment. 2 Proceedings pursuant to the first sentence may also be brought before the court in the place where the data subject has his or her habitual residence.
  2. Subsection 1 shall not apply to proceedings against public authorities acting in the exercise of their sovereign powers.
  3. 1 If the controller or processor has designated a representative pursuant to Article 27 (1) of Regulation (EU) 2016/679, this representative shall also be an authorized recipient in civil law proceedings pursuant to subsection 1. 2 Section 184 of the Code of Civil Procedure shall remain unaffected.

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