Service provided by the Federal Ministry of Justice
and the Federal Office of Justice ‒ www.gesetze-im-internet.de
(2) The controller shall erase personal data without delay if their processing is unlawful, they
must be erased to comply with a legal obligation, or knowledge of the data is no longer
necessary for the controller to perform its tasks.
(3) Section 58 (3) to (5) shall apply accordingly. The recipient shall also be informed if
inaccurate personal data have been transmitted, or if personal data have been transmitted
unlawfully.
(4) Without prejudice to any time limits for storing or erasing data defined in law, the
controller shall provide for appropriate time limits for the erasure of personal data or for a
periodic review of the need for the storage of personal data and shall take procedural
measures to ensure that these time limits are observed.
Section 76
Logging
(1) Controllers and processors shall provide for logs to be kept for at least the following
processing operations in automated processing systems:
1.
collection,
2.
alteration,
3.
consultation,
4.
disclosure including transfers,
5.
combination, and
6.
erasure.
(2) The logs of consultation and disclosure must make it possible to ascertain the
justification, date and time of such operations and, as far as possible, the identity of the
person who consulted or disclosed personal data, and the identity of the recipients of the
data.
(3) The logs may be used only by the data protection officer, the Federal Commissioner or
the data subject to verify the lawfulness of the processing; and for self-monitoring, ensuring
the integrity and security of the personal data, and for criminal proceedings.
(4) The log data shall be erased at the end of the year following the year in which they were
generated.
(5) The controller and the processor shall make the logs available to the Federal
Commissioner on request.
Section 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.
Chapter 5
Transfers of data to third countries and to international organiz ations
Section 78
General requirements
(1) If all other conditions applicable to data transfers are met, the transfer of personal data to
bodies in third countries or to international organizations shall be permitted if
1.
the body or international organization is responsible for the purposes referred to
in Section 45, and
2.
the European Commission has adopted an adequacy decision pursuant to
Article 36 (3) of Directive (EU) 2016/680.
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