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Home› Civil Procedure & Administrative Law› SGB X (English)

Part 2 · Protection of Social Data  ›  Chapter 4 · Rights of the Person Concerned, Data Protection Officers, and Final Provisions › Section 81a

Judicial legal protection

(1) For disputes between a natural or legal person and the Federal Commissioner or the body competent under Land law for data-protection control under Article 78(1) and (2) of Regulation (EU) 2016/679, on account of the processing of social data in connection with a matter under section 51(1) and (2) of the Social Courts Act, the legal route to the courts of social jurisdiction is open. For the remaining disputes under Article 78(1) and (2) of Regulation (EU) 2016/679 on account of the processing of social data, section 20 of the Federal Data Protection Act applies, insofar as the disputes are not expressly assigned to another jurisdiction by federal statute. The first sentence does not apply to regulatory-fine proceedings.
(2) The Social Courts Act is applied in accordance with subsections (3) to (7).
(3) In derogation from the provisions on the local jurisdiction of the social courts under section 57 of the Social Courts Act, the social court in whose district the Federal Commissioner or the body competent under Land law for data-protection control has its seat has local jurisdiction for the proceedings under subsection (1), first sentence, where a corporation or institution under public law brings the action, or, in matters of the law of social compensation or of the law of severely disabled persons, a Land brings the action.
(4) In the proceedings under subsection (1), first sentence, the Federal Commissioner and the body competent under Land law for data-protection control have capacity to be a party.
(5) Parties to a proceeding under subsection (1), first sentence are 1. the natural or legal person as claimant or applicant; and 2. the Federal Commissioner or the body competent under Land law for data-protection control as defendant or as respondent. Section 69, no. 3 of the Social Courts Act remains unaffected.
(6) No objection procedure takes place.
(7) The Federal Commissioner or the body competent under Land law for data-protection control may not order the immediate execution (section 86a(2), no. 5 of the Social Courts Act) against an authority or its legal entity.

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