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FDPA Part 1 - Chapter 5 - § 19

Responsibilities

  1. 1The 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 of Regulation (EU) 2016/679 or its single establishment in the European Union, as referred to in Article 56 (1) of Regulation (EU) 2016/679. 2Article 56 (1) in conjunction with Article 4 no. 16 of Regulation (EU) 2016/679 shall apply accordingly within the Federal Commissioner’s area of responsibility. 3If there is no agreement on determining the lead supervisory authority, the procedure described in Section 18 (2) shall be applied accordingly.
  2. 1The supervisory authority with which a data subject has lodged a complaint shall forward the complaint to the lead supervisory authority referred to in subsection 1; in the absence of such a lead supervisory authority, the complaint shall be forwarded to the supervisory authority of a Land in which the controller or processor has an establishment. 2If a complaint is lodged with a supervisory authority which is not responsible for the matter, this authority shall forward the complaint to the supervisory authority where the applicant resides, if it is not possible to forward the complaint as referred to in the first sentence. 3The receiving supervisory authority shall be regarded as the supervisory authority according to Chapter VII of Regulation (EU) 2016/679 with whom the complaint was lodged, and shall fulfil the obligations referred to in Article 60 (7) to (9) and Article 65 (6) of Regulation (EU) 2016/679. 4If a transfer pursuant to paragraph 1 is not possible, the supervisory authority to which a complaint has been lodged that is in the Federal Commissioner's area of responsibility shall pass it on to the Federal Commissioner.

Previous version of the FDPA

Version from 25.05.2018