Inspection of the Transparency Register; Authorisation to Issue Statutory Instruments

(1) In respect of associations under section 20(1), first sentence and legal arrangements under section 21, inspection is permitted for: 1. authorities, courts, and the bodies referred to in section 2(4), insofar as inspection is necessary for the performance of their statutory tasks, 2. obliged entities, provided they demonstrate to the register-keeping body that the inspection serves to fulfil their due diligence obligations in one of the cases referred to in section 10(3) and (3a), and 3. anyone who can demonstrate a legitimate interest to the register-keeping body. In these cases the register-keeping body is authorised to transmit the accessible data to the person inspecting. In the cases under the first sentence, nos. 1 and 2, the register-keeping body shall, in addition to the information under section 19(1), also transmit the ownership and control structure overviews under section 23a(3a), insofar as these exist for the information transmitted under section 19(1) on account of a completed discrepancy report. In the case under the first sentence, no. 3, besides the information under section 19(1), nos. 1 and 4, only the month and year of birth of the beneficial owner, his or her country of residence, and all nationalities are accessible to, and may be transmitted for, inspection. As against authorities, courts, the bodies referred to in section 2(4), and obliged entities under section 2(1), nos. 1 to 3 and 7 and notaries, the information under section 19a on all real property recorded in the Transparency Register is additionally accessible and may be transmitted.
(2) On application by the beneficial owner, the register-keeping body shall restrict inspection of the Transparency Register and the transmission of the data under section 19(1), wholly or in part, where the beneficial owner demonstrates to it that, having regard to all the circumstances of the individual case, overriding interests of the beneficial owner warranting protection preclude inspection and transmission. Interests warranting protection exist where 1. facts justify the assumption that inspection and transmission would expose the beneficial owner to the danger of becoming the victim of one of the following offences: a) fraud (section 263 of the Criminal Code), b) extortionate kidnapping (section 239a of the Criminal Code), c) hostage-taking (section 239b of the Criminal Code), d) extortion or aggravated extortion (sections 253, 255 of the Criminal Code), e) an offence against life or limb (sections 211, 212, 223, 224, 226, 227 of the Criminal Code), f) coercion (section 240 of the Criminal Code), or g) a threat (section 241 of the Criminal Code), or 2. the beneficial owner is a minor or lacks legal capacity. Interests of the beneficial owner warranting protection do not exist where the data already follow from the registers referred to in section 22(1). Restriction of inspection and transmission under the first sentence is not possible as against authorities, courts and the bodies referred to in section 2(4), as against obliged entities under section 2(1), nos. 1 to 3 and 7, or as against notaries. The register-keeping body shall prepare annually a statistic on the number of restrictions granted and on whether the restrictions were made under the second sentence, no. 1 or no. 2, publish it on its website, and transmit it to the European Commission.
(3) Authorities, courts and the bodies referred to in section 2(4), and those obliged entities referred to in section 23(1), first sentence, no. 2 as against whom restriction of inspection and transmission under section 23(2), fourth sentence is not possible, may carry out inspection by means of an automated inspection procedure created and designed by the register-keeping body in accordance with its specifications. The register-keeping body is authorised to transmit to the bodies referred to in the first sentence, by automated procedure, the data accessible under subsection (1). Where doubt exists as to whether inspection is necessary for the performance of the statutory tasks of an authority, a court or a body referred to in section 2(4), or takes place to fulfil the due diligence obligation of an obliged entity under the first sentence, the register-keeping body is entitled to block the procedures under the first and second sentences. It may call upon the authority referred to in the first sentence to confirm that inspection is necessary for the performance of its statutory tasks, and may permanently refer the obliged entity referred to in the first sentence to the procedure under subsection (1) applicable to all obliged entities. Confirmation under the fourth sentence must be given by the person's superior officer. The bodies involved shall ensure that, for inspections and data transmissions carried out by automated procedure, the technical and organisational measures necessary under Articles 24, 25 and 32 of 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, are taken to ensure data protection and data security, in particular the confidentiality and integrity of the data.
(4) Inspection is possible only after the user has registered online in advance, and may be logged for the purpose of monitoring who has carried out inspection. The register-keeping body is not authorised to disclose to associations under section 20 and legal arrangements under section 21 who has inspected the information they have provided on their beneficial owners.
(5) The Transparency Register permits searches for associations under section 20(1), first sentence and legal arrangements under section 21 across all data entered and across all index data.
(6) Inspection of, and transmission of data from, the Transparency Register under subsection (1), no. 1 to inspecting authorities, courts and bodies referred to in section 2(4) shall take place exclusively for the purpose of fulfilling the respective statutory task. Inspection of, and transmission of data from, the Transparency Register to inspecting obliged entities shall take place exclusively to fulfil the due diligence obligations of the obliged entity concerned.
(7) The Federal Ministry of Finance is authorised, by statutory instrument not requiring the consent of the Bundesrat, to determine the details of inspection, data transmission and restriction, in particular of online registration and logging, such as the data to be logged and the deletion period for the logged data under subsection (3), the demonstration requirements for inspection and transmission under subsection (1), first sentence, nos. 2 and 3, and the demonstration requirements for restricting inspection and transmission under subsection (2).
(8) On application, the register-keeping body shall provide the beneficial owner with information on the inspections carried out under section 23(1), first sentence, no. 3. The beneficial owner shall, in the application, state the association under section 20 or the legal arrangement under section 21 for which information is requested. The information shall comprise the following: 1. the beneficial owner's personal data on which information was provided, 2. the number of inspections, shown by month, that have taken place since the last application, 3. the time of the respective inspections, 4. an anonymised list of the natural persons who carried out an inspection, and 5. where inspection was carried out by legal persons, their designation. The information requested shall be provided at least once per calendar year and at most once per quarter. In making the application under the first sentence, the beneficial owner shall establish his or her identity and his or her status as beneficial owner of the association under section 20 or legal arrangement under section 21 referred to in the application, by appropriate evidence. Appropriate evidence is evidence under section 12. Application and provision of information under this subsection may only be made via the website of the Transparency Register, in accordance with the specifications of the register-keeping body.