(1) A person acts unlawfully who, intentionally or negligently,
1. contrary to section 8(6), advertises a telecommunications installation,
2. contrary to section 9(1), first sentence, or (2), first sentence, processes traffic data,
3. contrary to section 10(2), third sentence, fails to delete data named therein, or fails to do so in time,
4. contrary to section 12(1), third sentence, processes traffic data,
5. contrary to section 12(2), fails to delete traffic data, or fails to do so in time,
6. contrary to section 12(3), second sentence, fails to delete a recording named therein, or fails to do so in time,
7. contrary to section 12(4), fifth sentence or section 14(5), fails to inform the supervisory authority, or fails to do so in time,
8. contrary to section 13(1), second sentence, fails to inform the end-user, fails to inform them correctly, or fails to do so in time,
9. contrary to section 15(2), first half-sentence, suppresses the calling line identification or causes it to be suppressed,
10. contrary to section 19(1), fails to ensure that the user can end or use a service named therein,
11. contrary to section 20, processes personal data,
12. contrary to section 22(5), first sentence, section 23(3), first sentence, or section 24(4), first sentence, fails to transmit the data named therein, fails to transmit them correctly, fails to transmit them completely, or fails to do so in time, or
13. contrary to section 25(1), first sentence, stores information or accesses information.
(2) The regulatory offence may, in the cases under paragraph 1 nos. 2, 3, 9, 11, 12 and 13, be punished with a regulatory fine of up to three hundred thousand euros, in the cases under paragraph 1 nos. 4 and 5, with a regulatory fine of up to one hundred thousand euros, in the cases under paragraph 1 no. 8, with a regulatory fine of up to fifty thousand euros, and in the remaining cases with a regulatory fine of up to ten thousand euros.
(3) The administrative authority within the meaning of section 36(1) no. 1 of the Act on Regulatory Offences is
1. the Federal Network Agency, in the cases under paragraph 1 nos. 1 and 9,
2. the Federal Commissioner for Data Protection and Freedom of Information, in the cases under paragraph 1 nos. 2 to 8 and in the case of paragraph 1 no. 13, insofar as the storage of, or access to, information takes place by providers of telecommunications services or by Federal authorities.
(4) No regulatory fines are imposed against authorities and other public bodies within the meaning of section 2(1) or (2) of the Federal Data Protection Act.
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Part 4 · Criminal and Regulatory Fine Provisions, and Supervision › Section 28
Regulatory fine provisions
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