§ 19 BDSG
Competences
(1)The lead supervisory authority of a Land in the cooperation and consistency procedure under Chapter VII of Regulation (EU) 2016/679 shall be the supervisory authority of the Land in which the controller or the processor has its main establishment within the meaning of Article 4 No. 16 of Regulation (EU) 2016/679 or its sole establishment in the European Union within the meaning of Article 56 Subsection (1) of Regulation (EU) 2016/679. Within the area of competence of the Federal Commissioner, Article 56 Subsection (1) in conjunction with Article 4 No. 16 of Regulation (EU) 2016/679 shall apply accordingly. Where there is no agreement on the lead authority, the procedure under Section 18 Subsection (2) shall apply accordingly for determining the lead supervisory authority.
(2)The supervisory authority with which a data subject has lodged a complaint shall refer the complaint to the lead supervisory authority under Subsection (1), or, in the absence thereof, to the supervisory authority of a Land in which the controller or the processor has an establishment. Where a complaint is lodged with a supervisory authority that lacks subject-matter jurisdiction, that authority shall, where a referral under the first sentence does not come into consideration, refer the complaint to the supervisory authority at the place of residence of the complainant. The receiving supervisory authority shall be deemed to be the supervisory authority in accordance with Chapter VII of Regulation (EU) 2016/679 with which the complaint has been lodged, and shall comply with the obligations under Article 60 Subsections (7) to (9) and Article 65 Subsection (6) of Regulation (EU) 2016/679. Within the area of competence of the Federal Commissioner, the supervisory authority with which a complaint has been lodged shall, where a referral under Subsection (1) does not come into consideration, refer it to the Federal Commissioner.