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FDPA Part 1 - Chapter 1 - § 2

Definitions

  1. Public bodies of the Federation are the authorities, judicial bodies and other public law institutions of the Federation, of direct federal corporations, statutory bodies and foundations established under public law and of their associations irrespective of their legal form.
  2. Public bodies of the Länder are the authorities, judicial bodies and other public law institutions of a Land, a municipality, an association of municipalities or of other legal persons under public law subject to Land supervision and of their associations irrespective of their legal form.
  3. 1Associations of public bodies of the Federation and the Länder which are established under private law and perform tasks of public administration shall be regarded as public bodies of the Federation irrespective of the participation of private bodies if
    1. they operate beyond the borders of a Land, or
    2. the Federation holds the absolute majority of shares or controls the absolute majority of votes.

    2Otherwise they shall be regarded as public bodies of the Länder.

  4. 1Private bodies are natural and legal persons, societies and other associations established under private law unless they are covered by subsections 1 to 3.2If a private body performs sovereign tasks of the public administration, it shall be a public body as defined in this Act.
  5. 1Public bodies of the Federation shall be regarded as private bodies as defined in this Act if they take part in competition as enterprises governed by public law. 2Public bodies of the Länder shall also be regarded as private bodies as defined in this Act if they take part in competition as enterprises governed by public law and carry out federal law, and if data protection is not governed by Land law.