§ 21 SDSG
Levying of fees
(1)In the function as supervisory authority pursuant to Section 40 of the Federal Data Protection Act, the State Commissioner for Data Protection may, without prejudice to Article 57(3) of Regulation (EU) 2016/679, levy fees and expenses for official acts and other services under public law pursuant to Regulation (EU) 2016/679 and the Federal Data Protection Act. The fees and expenses shall accrue to the Land.
(2)The state government is authorised to determine the fee-liable matters and fee rates in agreement with the State Commissioner for Data Protection by statutory instrument pursuant to Section 5 of the Act on the Levying of Administrative and User Fees in Saarland of 24 June 1964 (Amtsbl. p. 629), as last amended by Article 3(2) of the Act of 15 February 2006 (Amtsbl. p. 474, 530), as amended from time to time.
(3)Fees and expenses for investigations pursuant to Article 57(1)(f) and (h) of Regulation (EU) 2016/679 shall only be levied where a violation of Regulation (EU) 2016/679, the Federal Data Protection Act or another data protection provision is established. Investigations or consultations of a simple nature and the consultation of non-public bodies without a profit-making purpose shall be free of charge in this respect.
(4)The amount of the administrative fee shall be determined based on the administrative effort and the significance of the matter for the parties involved.
(5)The State Commissioner for Data Protection shall decide on his or her own responsibility on the reduction or exemption from fees and expenses, insofar as this is required for reasons of equity or in the public interest. In all other respects, the Act on the Levying of Administrative and User Fees in Saarland shall apply accordingly.