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Commissioner must be at least 35 years old at the time of election. He or she shall have the
qualifications, experience and skills, in particular in the area of the protection of personal
data, required to perform his or her duties and exercise his or her powers. In particular, the
Federal Commissioner must have knowledge of data protection law acquired from the
relevant professional experience and be qualified for judicial office or higher administrative
service.
(2) The Federal Commissioner shall swear the following oath before the Federal President: “I
swear to do everything in my power to further the good and the benefit of the German
people, to protect them from harm and to defend the Basic Law and the laws of the
Federation, to perform my duties conscientiously and to exercise justice in all my dealings,
so help me God.” The reference to God may be omitted from the oath.
(3) The Federal Commissioner’s term of office shall be five years. It may be renewed once.
Section 12
Official relationship
(1) The Federal Commissioner shall, in accordance with this Act, have official federal status
under public law.
(2) The official relationship shall begin upon delivery of the certificate of appointment. It shall
end upon expiry of the term of office or upon resignation. The Federal President shall
remove the Federal Commissioner from office at the request of the President of the
Bundestag if the Federal Commissioner has committed serious misconduct or no longer
meets the requirements for performing his or her tasks. If the official relationship is ended or
the Federal Commissioner is removed from office, the Federal Commissioner shall be given
a document signed by the Federal President. Removal from office shall be effective upon
delivery of this document. If the official relationship ends upon expiry of the term of office, at
the request of the President of the Bundestag the Federal Commissioner shall be obligated
to continue his or her work for no more than six months until a successor has been
appointed.
(3) The senior civil servant shall exercise the rights of the Federal Commissioner if the latter
is unable to perform his or her duties or if his or her term of office has expired and he or she
is no longer obligated to continue his or her work. Section 10 (1) shall apply accordingly.
(4) From the start of the calendar month in which the official relationship commences until
the end of the calendar month in which it ends, or, in the case of subsection 2, sixth
sentence, until the end of the month in which he or she ceases his or her work, the Federal
Commissioner shall be paid at the level of a federal civil servant in pay grade B 11 plus the
family allowance according to Annex V of the Federal Civil Servants' Remuneration Act. The
Federal Travel Expenses Act and the Federal Relocation Expenses Act shall apply
accordingly. In all other respects, Section 12 (6), Sections 13 through 20 and 21a (5) of the
Act on Federal Ministers shall apply, except that the four-year term of office stipulated in
Section 15 (1) of the Act on Federal Ministers shall be replaced by a five-year term. By way
of derogation from the third sentence in conjunction with Sections 15 through 17 and 21a (5)
of the Act on Federal Ministers, the Federal Commissioner’s pension shall be calculated,
counting his or her term as Federal Commissioner as a pensionable period of service, on the
basis of the Federal Act Governing Civil Servants' Pensions and Allowances, if this is more
favourable and if, before his or election as Federal Commissioner, he or she was a civil
servant or judge in at least the last position to be held before reaching pay grade B 11.
Section 13
Rights and obligations
(1) The Federal Commissioner shall refrain from any action incompatible with his or her
duties and shall not, during his or her term of office, engage in any incompatible occupation,
whether gainful or not. In particular, the Federal Commissioner shall not hold any other paid
office or pursue any commercial activity or occupation in addition to his or her official duties
and shall not belong to the management or supervisory board of a profit -oriented enterprise,
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