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Home » Legislation » FDPA » § 77

§ 77 Confidential reporting of violations

The controller shall ensure that it is able to receive confidential reports of violations of data protection law which have occurred in its area of responsibility.

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§ 78 General requirements

Part 1 – Common provisions (§ 1 - 21)

Chapter 1 – Scope and definitions

§ 1 Scope of the Act
§ 2 Definitions

Chapter 2 – Legal basis for processing personal data

§ 3 Processing of personal data by public bodies
§ 4 Video surveillance of publicly accessible spaces

Chapter 3 – Data protection officers of public bodies

§ 5 Designation
§ 6 Position
§ 7 Tasks

Chapter 4 – Federal Commissioner for Data Protection and Freedom of Information

§ 8 Establishment
§ 9 Competence
§ 10 Independence
§ 11 Appointment and term of office
§ 12 Official relationship
§ 13 Rights and obligations
§ 14 Tasks
§ 15 Activity reports
§ 16 Powers

Chapter 5 – Representation on the European Data Protection Board, single contact point, cooperation among the federal supervisory authorities and those of the Länder concerning European Union matters

§ 17 Representation on the European Data Protection Board, single contact point
§ 18 Procedures for cooperation among the federal and Länder supervisory authorities
§ 19 Responsibilities

Chapter 6 – Legal remedies

§ 20 Judicial remedy
§ 21 Application of the supervisory authority for a court decision if it believes that an adequacy decision by the European Commission violates the law

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

§ 22 Processing of special categories of personal data
§ 23 Processing for other purposes by public bodies
§ 24 Processing for other purposes by private bodies
§ 25 Transfer of data by public bodies

Sub-chapter 2 – Special processing situations

§ 26 Data processing for employment-related purposes
§ 27 Data processing for purposes of scientific or historical research and for statistical purposes
§ 28 Data processing for archiving purposes in the public interest
§ 29 Rights of the data subject and powers of the supervisory authorities in the case of secrecy obligations
§ 30 Consumer loans
§ 31 Protection of commercial transactions in the case of scoring and credit reports

Chapter 2 – Rights of the data subject

§ 32 Information to be provided where personal data are collected from the data subject
§ 33 Information to be provided where personal data have not been obtained from the data subject
§ 34 Right of access by the data subject
§ 35 Right to erasure
§ 36 Right to object
§ 37 Automated individual decision-making, including profiling

Chapter 3 – Obligations of controllers and processors

§ 38 Data protection officers of private bodies
§ 39 Accreditation

Chapter 4 – Supervisory authorities for data processing by private bodies

§ 40 Supervisory authorities of the Länder

Chapter 5 – Penalties

§ 41 Application of provisions concerning criminal proceedings and proceedings to impose administrative fines
§ 42 Penal provisions
§ 43 Provisions on administrative fines

Chapter 6 – Legal remedies

§ 44 Proceedings against a controller or processor

Part 3 – Implementing provisions for processing for purposes in accordance with Article 1 (1) of Directive (EU) 2016/680 (§ 23 - 84)

Chapter 1 – Scope, definitions and general principles for processing personal data

§ 45 Scope
§ 46 Definitions
§ 47 General principles for processing personal data

Chapter 2 – Legal basis for processing personal data

§ 48 Processing of special categories of personal data
§ 49 Processing for other purposes
§ 50 Processing for archiving, scientific and statistical purposes
§ 51 Consent
§ 52 Processing on instructions from the controller
§ 53 Confidentiality
§ 54 Automated individual decision

Chapter 3 – Rights of the data subject

§ 55 General information on data processing
§ 56 Notification of data subjects
§ 57 Right of access
§ 58 Right to rectification and erasure and to restriction of processing
§ 59 Modalities for exercising the rights of the data subject
§ 60 Right to lodge a complaint with the Federal Commissioner
§ 61 Legal remedies against decisions of the Federal Commissioner or if he or she fails to take action

Chapter 4 – Obligations of controllers and processors

§ 62 Processing carried out on behalf of a controller
§ 63 Joint controllers
§ 64 Requirements for the security of data processing
§ 65 Notifying the Federal Commissioner of a personal data breach
§ 66 Notifying data subjects affected by a personal data breach
§ 67 Conducting a data protection impact assessment
§ 68 Cooperation with the Federal Commissioner
§ 69 Prior consultation of the Federal Commissioner
§ 70 Records of processing activities
§ 71 Data protection by design and by default
§ 72 Distinction between different categories of data subjects
§ 73 Distinction between facts and personal assessments
§ 74 Procedures for data transfers
§ 75 Rectification and erasure of personal data and restriction of processing
§ 76 Logging
§ 77 Confidential reporting of violations

Chapter 5 – Transfers of data to third countries and to international organizations

§ 78 General requirements
§ 79 Data transfers with appropriate safeguards
§ 80 Data transfers without appropriate safeguards
§ 81 Other data transfers to recipients in third countries

Chapter 6 – Cooperation among supervisory authorities

§ 82 Mutual assistance

Chapter 7 – Liability and penalties

§ 83 Compensation
§ 84 Penal provisions

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 - 86)

§ 85 Processing of personal data in the context of activities outside the scope of Regulation (EU) 2016/679 and Directive (EU) 2016/680

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