§ 18 BDSG
Procedure for cooperation between the supervisory authorities of the Federation and the Länder
(1)The Federal Commissioner and the supervisory authorities of the Länder (supervisory authorities of the Federation and the Länder) shall cooperate in matters of the European Union with the aim of consistent application of Regulation (EU) 2016/679 and Directive (EU) 2016/680. Before transmitting a joint position to the supervisory authorities of the other Member States, the European Commission or the European Data Protection Board, the supervisory authorities of the Federation and the Länder shall give each other the opportunity to comment at an early stage. For this purpose, they shall exchange all useful information among themselves. The supervisory authorities of the Federation and the Länder shall involve the specific supervisory authorities established pursuant to Articles 85 and 91 of Regulation (EU) 2016/679, where those authorities are affected by the matter.
(2)Where the supervisory authorities of the Federation and the Länder do not reach agreement on the joint position, the lead authority or, in the absence thereof, the joint representative and his or her deputy shall submit a proposal for a joint position. Where the joint representative and his or her deputy do not agree on a proposal for a joint position, the deputy shall determine the proposal for a joint position in matters concerning the performance of tasks for which the Länder alone have the right to legislate or which concern the establishment or procedure of Land authorities. In other cases of failure to reach agreement pursuant to the second sentence, the joint representative shall determine the position. The position proposed pursuant to the first to third sentences shall form the basis for the negotiations unless the supervisory authorities of the Federation and the Länder decide on a different position by simple majority. The Federation and each Land shall each have one vote. Abstentions shall not be counted.
(3)The joint representative and his or her deputy shall be bound by the joint position pursuant to Subsections (1) and (2) and shall, in compliance with this position, determine the conduct of the respective negotiations by mutual agreement. Should agreement not be reached, the deputy shall decide on the further conduct of negotiations in the matters referred to in Section 18 Subsection (2), second sentence. In all other cases, the vote of the joint representative shall be decisive.