§ 28 TDDDG
Administrative Offence Provisions
(1)An administrative offence is committed by anyone who intentionally or negligently 1 contrary to Section 8(6), advertises a telecommunications installation,; 2 contrary to Section 9(1) sentence 1 or paragraph 2 sentence 1, processes traffic data,; 3 contrary to Section 10(2) sentence 3, fails to delete the data referred to therein or fails to delete them in a timely manner,; 4 contrary to Section 12(1) sentence 3, processes traffic data,; 5 contrary to Section 12(2), fails to delete traffic data or fails to delete them in a timely manner,; 6 contrary to Section 12(3) sentence 2, fails to delete a recording referred to therein or fails to delete it in a timely manner,; 7 contrary to Section 12(4) sentence 5 or Section 14(5), fails to notify the supervisory authority or fails to notify it in a timely manner,; 8 contrary to Section 13(1) sentence 2, fails to inform the end user, informs the end user incorrectly, or fails to inform the end user in a timely manner,; 9 contrary to Section 15(2) first half-sentence, suppresses the calling line identification display or causes it to be suppressed,; 10 contrary to Section 19(1), fails to ensure that the user can terminate or use a service referred to therein,; 11 contrary to Section 20, processes personal data,; 12 contrary to Section 22(5) sentence 1, Section 23(3) sentence 1, or Section 24(4) sentence 1, fails to transmit the data referred to therein, transmits them incorrectly, incompletely, or not in a timely manner, or; 13 contrary to Section 25(1) sentence 1, stores information or accesses information.
(2)The administrative offence may be sanctioned with a fine of up to three hundred thousand euros in the cases referred to in paragraph 1 Nos. 2, 3, 9, 11, 12, and 13, with a fine of up to one hundred thousand euros in the cases referred to in paragraph 1 Nos. 4 and 5, with a fine of up to fifty thousand euros in the cases referred to in paragraph 1 No. 8, and in all other cases with a fine of up to ten thousand euros.
(3)The administrative authority within the meaning of Section 36(1) No. 1 of the Act on Administrative Offences is 1 the Federal Network Agency in the cases referred to in paragraph 1 Nos. 1 and 9,; 2 the Federal Commissioner for Data Protection and Freedom of Information in the cases referred to in paragraph 1 Nos. 2 to 8 and in the case referred to in paragraph 1 No. 13, insofar as the storage of or access to information is carried out by providers of telecommunications services or by federal authorities.
(4)No fines shall be imposed on authorities and other public bodies within the meaning of Section 2(1) or (2) of the Federal Data Protection Act.