Deutsche Version

FDPA Part 1 - Chapter 5 - § 18

Procedures for cooperation among the federal and Länder supervisory authorities

  1. 1The 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. 2Before 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. 3For this purpose, they shall share all relevant information. 4The 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. 1If 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. 2If 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. 3For 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. 4The negotiations shall be based on the position recommended pursuant to the first to third sentences unless the supervisory authorities of the Federation and the Länder adopt a different position with a simple majority. 5The Federation and each Land each have one vote. 6Abstentions shall not be counted.
  3. 1The 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. 2Should 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. 3For other matters, the joint representative shall have the deciding vote.