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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
Section 17
Representation on the European Data Protection Board, single contact point
(1) The Federal Commissioner shall serve as the joint representative on the European Data
Protection Board and single contact point (joint representative). The Bundesrat shall elect
the head of the supervisory authority of a Land to serve as the joint representative’s deputy
(deputy). The term shall be five years. When the head of the supervisory authority of a Land
leaves office, his or her function as deputy shall end at the same time. The deputy may be
re-elected.
(2) At the deputy’s request, the joint representative shall delegate to him or her the
leadership of negotiations and the voting right in the European Data Protection Board in
matters dealing with the performance of a task for which the Länder alone have the right to
legislate, or which affect the establishment or procedures of Land authorities.
Section 18
Procedures for cooperation among the federa l and Länder supervisory authorities
(1) The Federal Commissioner and the supervisory authorities of the Länder (supervisory
authorities of the Federation and the Länder) shall work together in European Union matters
with the aim of consistently applying Regulation (EU) 2016/679 and Directive (EU) 2016/680.
Before submitting a common position to the supervisory authorities of the other Member
States, the European Commission or the European Data Protection Board, the supervisory
authorities of the Federation and the Länder shall give each other the opportunity to
comment at an early stage. For this purpose, they shall share all relevant information. The
supervisory authorities of the Federation and the Länder shall consult the specific
supervisory authorities established under Articles 85 and 91 of Regulation (EU) 2016/679 if
these authorities are affected by the matter.
(2) If the supervisory authorities of the Federation and the Länder fail to achieve agreement
on a common position, the lead supervisory authority, or, in the absence of a lead authority,
the joint representative and his or her deputy, shall present a recommendation for a common
position. If the joint representative and his or her deputy fail to agree on a recommendation
for a common position, the deputy shall determine the recommendation for a common
position in matters dealing with the performance of a task for which the Länder alone have
the right to legislate, or which affect the establishment or procedures of Land authorities. For
matters other than those referred to in the second sentence in which the joint representative
and deputy fail to agree, the joint representative shall determine the common position. The
negotiations shall be based on the position recommended pursuant to the first t o third
sentences unless the supervisory authorities of the Federation and the Länder adopt a
different position with a simple majority. The Federation and each Land each have one vote.
Abstentions shall not be counted.
(3) The joint representative and his or her deputy shall be bound by the common position
pursuant to subsections 1 and 2 and shall determine by mutual agreement the conduct of
negotiations according to this common position. Should they fail to reach agreement, the
deputy shall decide the further conduct of negotiations for the matters referred to in Section
18 (2), second sentence. For other matters, the joint representative shall have the deciding
vote.
Section 19
Responsibilities
(1) The lead supervisory authority of a Land in the one-stop-shop mechanism pursuant to
Chapter VII of Regulation (EU) 2016/679 shall be the supervisory authority of the Land in
which the controller or processor has its main establishment, as referred to in Article 4 no. 16
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