§ 82 Mutual assistance

  1. The Federal Commissioner shall provide the supervisory authorities in other European Union Member States with information and mutual assistance as far as necessary to implement and apply Directive (EU) 2016/680 in a consistent manner. Mutual assistance shall cover, in particular, information requests and supervisory measures, such as requests to carry out consultations, inspections and investigations.
  2. The Federal Commissioner shall take all appropriate measures required to reply to a request for mutual assistance without delay and no later than one month after receiving the request.
  3. The Federal Commissioner may refuse to comply with the request only if
    1. she or she is not competent for the subject matter of the request or for the measures he or she is asked to execute; or
    2. compliance with the request would violate the law.
  4. The Federal Commissioner shall inform the other state’s requesting supervisory authority of the results or, as the case may be, of the progress of the measures taken in response to the request. In the case of subsection 3, he or she shall provide reasons for refusing to comply with the request.
  5. The Federal Commissioner shall, as a rule, supply the information requested by the other state’s supervisory authority by electronic means and using a standardized format.
  6. The Federal Commissioner shall not charge a fee for action taken pursuant to a request for mutual assistance unless he or she has agreed with the other state’s supervisory authority in the individual case on the reimbursement of expenses incurred.
  7. The Federal Commissioner’s requests for assistance shall contain all the necessary information, including in particular the purpose of and reasons for the request. Information exchanged shall be used only for the purpose for which it was requested.

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)