(1) The Federal Ministry of Justice is authorised to transfer, by statutory instrument requiring the approval of the Bundesrat, the tasks in section 8b (1) to a legal person under private law. The publicly appointed entity acquires the status of a federal judicial authority. For the purpose of issuing certifications, the publicly appointed entity has an official seal; more specific details may be regulated by statutory instrument pursuant to sentence 1. The duration of such public appointment is to be made subject to a time limit; this is not to be less than five years; provision is to be made for rights of termination for grave cause. A legal person under private law may be publicly appointed only if it has reasonable experience regarding the publication of information required under capital market law and of court communications, in particular Commercial Register data, and if it is equipped with sufficient technical and financial resources to ensure long-term and secure operation of the Business Register.
(2) The Federal Ministry of Justice is authorised to determine, by statutory instrument requiring the approval of the Bundesrat, the details regulating data transmission between the authorities of the Länder and the Business Register, including specifications regarding data formats. Deviations from the administrative procedures enacted by Land legislation are precluded.
(3) The Federal Ministry of Justice is authorised to determine, by statutory instrument not requiring the approval of the Bundesrat, the technical details of the establishment and administration of the Business Register, to determine the technical details of the registration and identification of users of the Business Register, to determine the details of data transmission including specifications regarding data formats which are not covered by subsection (2), to determine the details of reviewing the data transmitted, to determine the time-limits for the storage and deletion of data in the Business Register, and the supervisory rights of the Federal Financial Supervisory Authority in relation to the Business Register with regard to the transmission, entry, administration, processing and retrieval of data related to capital market law, including cooperation with officially appointed storage systems of other Member States of the European Union, or of other states that are Contracting Parties to the Agreement on the European Economic Area, within the framework of the establishment of a Europe-wide network between the storage systems, and to determine the admissibility, as well as the type and scope, of information services using such data stored in the Business Register as exceed the tasks that, pursuant to this statute, are involved in the service provided by the Business Register. Insofar as provisions are established which affect data related to capital market law, the statutory instrument pursuant to sentence 1 is to be enacted in agreement with the Federal Ministry of Finance. The statutory instrument pursuant to sentence 1 duly is to take account of the enterprise's legitimate interest in excluding the possibility of the data stored in the register being used for a purpose different from the intended purpose.