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Part 5 · Implementation of Regulation (EU) 2022/2065  ›  Division 1 · Competent Authorities and the Digital Services Coordinator › Section 19

Cooperation with other authorities; establishment of liaison interfaces; administrative agreement

(1) Where the Digital Services Coordinator's tasks touch on reviewing compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1), and other data protection provisions, the Digital Services Coordinator decides in consultation with the competent data protection supervisory authority.
(2) Within the scope of their respective responsibilities, the Digital Services Coordinator and the authorities competent under section 12(2), first sentence and (3) shall cooperate, in a spirit of trust and cooperation, with the Federal Cartel Office and with the Federal Network Agency, insofar as their other areas of responsibility, independent of the Digital Services Coordinator, are affected. The authorities named in the first sentence may, regardless of the type of procedure chosen in each case, exchange information among themselves, including business and trade secrets, insofar as necessary for the performance of their respective tasks, and may use this information in their proceedings. Insofar as necessary for the performance of tasks under this Act, under the Act to Combat Terrorist Content Online, or under the Competition Act, the authorities named in the first sentence may also, in the exchange under the second sentence, exchange personal data and use it in the relevant proceedings. Prohibitions on the use of evidence remain unaffected.
(3) Within the scope of its respective responsibilities under this Act, the Digital Services Coordinator shall cooperate with the Federal Criminal Police Office to perform the tasks under Regulation (EU) 2022/2065. The Digital Services Coordinator and the Federal Criminal Police Office may transmit to each other internet content, together with the associated subscriber and usage data of the user account of a digital service, as well as administrative data relating to a report, in each case including personal data, insofar as necessary for supervision and sanctioning by the Digital Services Coordinator within the framework of enforcing Regulation (EU) 2022/2065. The Digital Services Coordinator may use the data transmitted to it in its supervisory and sanctioning proceedings. Prohibitions on the use of evidence remain unaffected.
(4) The Digital Services Coordinator and the authorities competent under section 12(2) and (3) shall cooperate, in a spirit of trust and cooperation, within the scope of their respective responsibilities, in performing their tasks, with the further national authorities responsible for supervising service providers under section 12(4) and with the liaison interfaces established under paragraph 5. The authorities named in the first sentence shall communicate to each other observations and findings that may be significant for the performance of each other's tasks.
(5) Federal ministries may, within their areas of responsibility, establish liaison interfaces that forward complaints received by them to the respective competent authorities. To perform the task of liaison interface, these interfaces may receive user complaints concerning a matter for which, under section 12(4), the statutory responsibility of Land authorities remains unaffected, including personal data contained in them, and forward them to the respective competent authority.
(6) The details of the cooperation of the Digital Services Coordinator and of the authorities competent under section 12(2) and (3) with the authorities under section 12(4) and with the liaison interfaces under paragraph 5 may be further regulated in administrative agreements. The administrative agreements may in particular regulate: 1. the manner of cooperation, 2. the manner of the exchange of information under paragraph 4, second sentence, and 3. the transmission of orders by a national judicial or administrative authority responsible for supervising service providers to the Digital Services Coordinator under Article 9(3) and Article 10(3) of Regulation (EU) 2022/2065.

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