Regulation On The Collection Of Fees And Expenses For The Provision Of Data According To The Provisions Of The Regulation On Data Transparency

Original Language Title: Verordnung zur Erhebung von Gebühren und Auslagen für die Bereitstellung von Daten nach den Regelungen der Datentransparenzverordnung

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Read the untranslated law here: http://www.gesetze-im-internet.de/datragebv/BJNR045800014.html

Regulation on the collection of fees and expenses for the provision of data according to the provisions of the regulation on data transparency (data transparency fees regulation DaTraGebV) DaTraGebV Ausfertigung date: 30.04.2014 full quotation: "data transparency fees regulation by April 30, 2014 (BGBl. I p. 458)" footnote (+++ text detection from: 16.5.2014 +++) (+++ application cf. § 11 +++) input formula on the basis of § 303e paragraph 2 sentence 4 of the fifth book the social law - statutory health, by article 3 number 12 point (b) of the Act of August 7, 2013 (BGBl. I S. 3108) has been changed , ordered the Ministry of health: article 1 scope and charging the German Institute for medical documentation and information collects as data processing fees, costs for individually attributable public services pursuant to section 303d paragraph 1 of the fifth book of social code in conjunction with article 5 paragraph 3 to 7 of the regulation on data transparency. These fees and expenses serve to cover the administrative costs and their height is to be such that the estimated amount of fees do not exceed the benefits allocated average staff and administrative expenses.

Section 2 formation of fees debt (1) blaming an individually attributable public services pursuant to section 1, as well as the obligation to refund of expenses pursuant to § 9 fees arises following the announcement of the decision on the application.
(2) If an application is withdrawn, blaming charges for individually attributable public performance is created pursuant to section 1 with the withdrawal of the request.

Section 3 fees debtors (1) is obliged to the payment of fees and reimbursement of expenses, who paid performance through a request for use of data causes 1, 2. who took over charges blaming someone else or 3rd who is liable for the charges fault of another law.
(2) a person who accepts fees blaming someone else, has in writing notify the data processing center.
(3) several fees debtor liable severally.

Article 4 exemption from payment of fees and reimbursement of expenses from the payment of fees and reimbursement of expenses under this regulation the statutory health insurance, the Federal and provincial associations of sickness funds, the organisation shall be exempt federal of health insurance fund, as well as the Federal Ministry of health.

§ 5 the basic fee the fee for processing an application is 200 euros.

§ 6 the additional charge for data analysis and data delivery (1) for the provision of standardized data sets amounts to the additional fee EUR 300 per evaluated vintage.
(2) for the evaluation of the data by using a query formulated by the beneficial owner, the additional fee is 300 Euro per evaluated vintage. In addition, 100 euro for each hour of work, which is to adapt the evaluation program, will be charged up to a maximum of 400 euros.
(3) for the evaluation of the data by using a query that was created after the question of the applicant, the additional fee is 300 Euro per evaluated vintage. In addition, 100 euro for every hour of work, which accrues to the creation of the evaluation programme, will be charged up to a maximum of 700 euros.
(4) for the provision of results of data analysis or pseudonymised individual records of scientific guest jobs in the data processing center, the additional fee is 300 Euro per evaluated vintage. In addition calculated 1 100 euro for every hour of work that falls to the adaptation or establishment of the evaluation programme, up to a maximum of 700 euro and 2. 50 euro for each presence day in the data processing center during normal office hours.

§ 7 the fee for refusal of (1) is an application of formal grounds is rejected, the fee is 100 euro.
(2) If a request for content reasons is rejected, the fee is 150 euros certified vintage. Also, 100 euro for every hour of work, which accrues to the substantive examination, will be charged up to a maximum of 500 euros.

§ 8 the fee for withdrawal of the application (1) an application is withdrawn, before the data processing center has begun work for the data analysis and data deployment, which is half of the basic fee no fee pursuant to § 5 to raise, if the data processing center has not yet begun with the processing of the application fee.
(2) If an application is withdrawn after the data processing center has already begun with the work for data analysis and data delivery, the fee is the sum of the fee according to § 5 and half of the additional fee provided for in article 6.

§ 9 reimbursement of expenses (1) the data processing center required separately the reimbursement of expenses, which included in the additional fee according to § 6 and the fee pursuant to § 7 paragraph 2 are, in the amount of the costs actually incurred for 1 the use of external experts to assist in the development of evaluation programs, 2. the creation of opinion and 3. the use of electronic payment systems.
Are charged according to the numbers 1 and 2 external experts or expert, the applicant prior to the placing of the order of the data processing center over the estimated costs is to inform and to give him the opportunity, to amend his application or to take back.
(2) the data processing shall separately demanded the reimbursement of expenses incurred in connection with the redeployment of evaluation results in the amount of the costs actually incurred for 1 every other disk, 2. the shipping of disks, and 3. the distinct transmission of passwords or other security measures.

§ 10 fee increase and reduction (1) requires a fee-based service in individual cases as the data processing center an exceptionally high personnel and material expenses, after can the sections 5 and 6 fees provided for on the double increase. In this case, that has to put the fees borrowers prior to processing by the boost in knowledge data processing center. The increase shall be justified by the data processing centre.
(2) the data processing centre can reduce the fee up to half of the appropriate fee, if performance justify the related personnel and administrative expenses the reduction.

§ 11 federal fees law §§ 14, 16 to 19, and 21 of the German fees Act from 7 August 2013 (Federal Law Gazette I p. 3154) become due, to the late payment charge to the deferral to the crackdown, to adopt, to the limitation and reimbursement are apply mutatis mutandis.

§ 12 fees and expenses prior to the data processing center can for individually attributable public services provided before entry into force of this regulation, fees and expenses in accordance with this regulation charge, if a fee decision having regard to the forthcoming adoption is been reserved explicitly this regulation, and the data processing center has informed the applicant of the estimated amount of fees.

Article 13 entry into force this regulation enter into force on the day after the announcement.