Service provided by the Federal Ministry of Justice
and the Federal Office of Justice ‒ www.gesetze-im-internet.de
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.
Chapter 7
Liability and penalties
Section 83
Compensation
(1) If a controller has caused a data subject to suffer damage by processing personal data in
violation of this Act or other law applicable to this processing, the controller or its legal entity
shall be obligated to provide compensation to the data subject. This obligation to provide
compensation shall not apply if, in the case of non-automated processing, the damage was
not the result of fault by the controller.
(2) The data subject may request appropriate financial compensation for non-material
damage.
(3) If, in the case of automated processing of personal data, it is not possible to determine
which of several controllers caused the damage, each controller or its legal entity shall be
liable.
(4) Section 254 of the Civil Code shall apply to contributory negligence on the part of the
data subject.
(5) The limitation provisions stipulated for tortious acts in the Civil Code shall apply
accordingly with regard to statutory limitation.
Section 84
Penal provisions
Section 42 shall apply accordingly to the processing of personal dat a by public bodies in the
context of activities pursuant to Section 45, first, third or fourth sentences.
Part 4
Special provisions for processing in the context of activities outside the scope of
Regulation (EU) 2016/679 and Directive (EU) 2016/680
Section 85
Processing of personal data in the context of activities outside the scope of
Regulation (EU) 2016/679 and Directive (EU) 2016/680
(1) The transfer of personal data to a third country, to supranational or intergovernmental
bodies or to international organizations in the context of activities outside the scope of
Regulation (EU) 2016/679 and Directive (EU) 2016/680 shall be permitted in addition to the
cases permitted under Regulation (EU) 2016/679 also if the processing is necessary to
perform tasks for urgent reasons of defence or to fulfil supra- or intergovernmental
obligations of a public body of the Federation in the field of crisis management or conflict
pre-vention or for humanitarian measures. The recipient shall be instructed that the
transferred data may be used only for the purpose for which they were transferred.
(2) Section 16 (4) shall not apply to processing in the context of activities outside the scope
of Regulation (EU) 2016/679 and Directive (EU) 2016/680 by workplaces within the remit of
the Federal Ministry of Defence if the Federal Ministry of Defence determines in the
individual case that meeting the obligations referred to in that provision would endanger the
security of the Federation.
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