§ 41 BDSG
Application of the provisions on administrative offence and criminal proceedings
(1)For violations pursuant to Article 83 Subsections (4) to (6) of Regulation (EU) 2016/679, the provisions of the Act on Administrative Offences shall apply mutatis mutandis, unless this Act provides otherwise. Sections 17, 35 and 36 of the Act on Administrative Offences shall not apply. Section 68 of the Act on Administrative Offences shall apply with the proviso that the Regional Court shall decide where the administrative fine imposed exceeds one hundred thousand euros.
(2)For proceedings for a violation under Article 83 Subsections (4) to (6) of Regulation (EU) 2016/679, the provisions of the Act on Administrative Offences and the general laws on criminal proceedings, in particular the Code of Criminal Procedure and the Courts Constitution Act, shall apply mutatis mutandis, unless this Act provides otherwise. Sections 56 to 58, 87, 88, 99 and 100 of the Act on Administrative Offences shall not apply. Section 69 Subsection (4), second sentence, of the Act on Administrative Offences shall apply with the proviso that the public prosecution office may only discontinue the proceedings with the consent of the supervisory authority that issued the fine notice.