Definitions

(1) The following definitions apply in addition to Article 4 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 (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1; L 314, 22.11.2016, p. 72; L 127, 23.5.2018, p. 2), in the version in force from time to time.
(2) Social data are personal data (Article 4, point 1 of Regulation (EU) 2016/679) that are processed by a body named in section 35 of the First Book with regard to its functions under this Code. Trade and business secrets are all business- or trade-related data, including of legal persons, that have the character of a secret.
(3) Functions under this Code are, insofar as this Part is applied, also 1. functions on the basis of statutory instruments whose enabling provision is contained in the Social Code; 2. functions on the basis of supranational and international law in the field of social security; 3. functions on the basis of legal provisions that declare the First and the Tenth Book correspondingly applicable; and 4. functions on the basis of the Occupational Safety Act, and functions insofar as they are assigned by statute to the bodies named in section 35 of the First Book. Section 8(1), third sentence of the Occupational Safety Act remains unaffected.
(4) Where social data are processed by a provider of benefits within the meaning of section 12 of the First Book, the controller is the provider of benefits. Where the provider of benefits is a territorial corporation, the controller is the organisational units that functionally perform a function under one of the special parts of this Code.
(5) Non-public bodies are natural and legal persons, companies and other associations of persons under private law, insofar as they do not fall under section 81(3).