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Tenth Book of Social Security-Social Management and Social Data Protection-

Original Language Title: Zehntes Buch Sozialgesetzbuch - Sozialverwaltungsverfahren und Sozialdatenschutz -

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Tenth Book of Social Law-Social Management and Social Data Protection-(SGB X)

Unofficial table of contents

SGB X

Date of completion: 18.08.1980

Full quote:

" The Tenth Book of Social Security-Social Management and Social Data Protection-in the version of the Notice dated 18 January 2001 (BGBl. 130), the last of which is Article 10 of the Law of 11 August 2014 (BGBl. I p. 1348).

Status: New by Bek. V. 18. 1.2001 I 130;
Last amended by Art. 10 G v. 11.8.2014 I 1348
Indirect change by Art. 1 No. 3 G v. 20.11.2014 I 1738 is taken into account

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.7.1983 + + +) 
(+ + + Do not apply measures due to EinigVtr in accordance with the provisions of this Regulation). Art. 109
No. 3 Buchst. d DBuchst. bb G v. 8.12.2010 I 1864 mWv 15.12.2010 + + +)

Heading: IdF d. Art. 10 No. 1 G v. 21.12.2000 I 1983 mWv 1.1.2001
The G (§ § 1 to 85a) has been described as a kind. I G v. 18.8.1980 I 1469 (SGB 10/Kap 1/ 2) approved by the Bundestag with the consent of the Bundesrat. § § 86ff became a kind. I G 860-10-3 v. 4.11.1982 I 1450 (SGB 10/Kap 3) approved by the Bundestag with the consent of the Bundesrat. Unofficial table of contents

Content Summary

First chapter
Administrative procedures
First section
Scope, competence, mutual assistance
§ 1 Scope
§ 2 Local competence
§ 3 Administrative assistance
§ 4 Conditions and limits of mutual assistance
§ 5 Selection of the Authority
§ 6 Implementation of mutual assistance
§ 7 Costs of mutual assistance
Second section
General rules on administrative procedures
First Title
Procedural principles
§ 8 The term of the administrative procedure
§ 9 Non-formality of the administrative procedure
§ 10 Participation capacity
§ 11 Adoption of procedural acts
§ 12 Participants
§ 13 Authorised agents and advisers
§ 14 Appointment of a receiving agent
§ 15 Appointment of a representative from office
§ 16 Excluded People
§ 17 Concern of partiality
§ 18 Start of proceedings
§ 19 Official language
§ 20 Investigation principle
Section 21 Evidence
Section 22 Hearing by the social or administrative court
Section 23 Credibility, insurance on oath
§ 24 Hearing Participant
Section 25 File inspection by participants
Second Title
Deadlines, dates, reinstatation
Section 26 Deadlines and dates
§ 27 Reinstatation to the previous level
§ 28 Repeated application
Third Title
Official certification
§ 29 Certification of documents
§ 30 Legalisation of signatures
Third Section
Administrative
First Title
Establishment of the administrative act
Section 31 The term of the administrative act
Section 32 Administrative measures
§ 33 Specificity and form of the administrative act
Section 34 Assertion
§ 35 Explanatory statement of the administrative act
§ 36 Right of appeal
Section 37 Announcement of the administrative act
§ 38 Open inaccuracies in the administrative act
Second Title
Administrative act
§ 39 Effectiveness of the administrative act
§ 40 Nullity of the administrative act
Section 41 Healing of process and form errors
§ 42 Consequences of procedural and procedural errors
Section 43 Reinterpretation of an erroneous administrative act
Section 44 Withdrawal of an unlawfully non-beneficiary administrative act
§ 45 Withdrawal of an illegal administrative act
Section 46 Revocation of a legitimate non-favouring administrative act
§ 47 Revocation of a legitimate administrative act
§ 48 Repeal of an administrative act with permanent effect upon change of conditions
§ 49 Withdrawal and revocation of the right of appeal
§ 50 Reimbursement of injustiable benefits
Section 51 Return of documents and property
Third Title
Statute of limitations of the administrative act
Section 52 Limitation of the statute of limitations by administrative act
Fourth Section
Public-legal contract
Section 53 Admissibility of the public service contract
§ 54 Comparison Contract
§ 55 Exchange Contract
§ 56 Font
Section 57 Consent of third parties and authorities
Section 58 Nullity of the public service contract
§ 59 Adaptation and dismissal in special cases
§ 60 Subjugation under Immediate Enforcement
Section 61 Supplementary application of rules
Fifth Section
Redress procedure
Section 62 Legal remedies against administrative acts
§ 63 Reimbursement of costs in pre-trial proceedings
Sixth Section
Costs, delivery and enforcement
Section 64 Freedom of charge
Section 65 Delivery
Section 66 Enforcement
Second chapter
Protection of social data
First section
Definitions
Section 67 Definitions
Second section
Data collection, processing and use
§ 67a Data collection
§ 67b Admissibility of data processing and use
Section 67c Data storage, modification and use
Section 67d Transmission principles
Section 67e Collection and transmission of measures to combat abuse of services and illegal immigration
Section 68 Transmission of tasks of the police authorities, the public prosecutors, courts and authorities
Section 69 Transmission for the performance of social tasks
Section 70 Transmission for the implementation of occupational safety and health
Section 71 Transmission for the performance of special legal duties and powers of notification
Section 72 Transmission for the protection of internal and external security
Section 73 Transmission for the implementation of criminal proceedings
Section 74 Transmission in the event of a breach of the maintenance obligation and in the case of supply compensation
Section 74a Communication on the enforcement of public law claims and in enforcement proceedings
§ 75 Transmission of social data for research and planning
Section 76 Limitation of the power of transmission in the case of particularly protective social data
Section 77 Transfer abroad and to over-or inter-governmental agencies
Section 78 Commitment and confidentiality of a third party to which data will be transmitted
Third Section
Organisational arrangements for the protection of social data, special data processing methods
Section 78a Technical and organisational measures
§ 78b Data avoidance and data economy
Section 78c Privacy Audit
§ 79 Setup of automated retrieval procedures
§ 80 Collection, processing or use of social data on behalf of
Fourth Section
Rights of the person concerned, data protection officers and final rules
§ 81 Rights of the individual, data protection officer
Section 82 Compensation
Section 83 Information to the person concerned
§ 83a Obligation to provide information in the event of improper knowledge of social data
Section 84 Rectification, erasure and blocking of data; right of objection
Section 84a Essential rights of the person concerned
§ 85 Fines
Section 85a Criminal provisions
Third chapter
Cooperation between the service providers and their relations with third parties
First section
Cooperation of the service providers with each other and with third parties
First Title
General provisions
§ 86 Cooperation
Second Title
Cooperation between the service providers
Section 87 Acceleration of cooperation
Section 88 Work Order
§ 89 Execution of the work order
§ 90 Requests and contradiction of the order
Section 91 Reimbursement of expenses
§ 92 Termination of the contract
Section 93 Legal Order
Section 94 Working communities
§ 95 Cooperation in planning and research
§ 96 Medical examinations, psychological aptitude tests
Third Title
Cooperation of the service providers with third parties
Section 97 Execution of tasks by third parties
Section 98 Obligation to provide information from the employer
§ 99 Obligation to provide information for relatives, dependants or any other person
§ 100 Obligation to provide information to the physician or to a member of another medical profession
§ 101 Obligation to provide information for the service providers
Section 101a Notifications by the reporting authorities
Second section
Entitlement of the service providers to each other
Section 102 Claim of the provisionally performing service provider
Section 103 Claim of the service provider whose performance obligation is subsequently eliminated
Section 104 Claim of the subordinated service provider
Section 105 Claim of the uncompetent service provider
Section 106 Ranking of multiple funerals
Section 107 Fulfillment
Section 108 Refund in money, interest rate
§ 109 Administrative costs and expenses
§ 110 Package
Section 111 Exclusion Period
Section 112 Refund
Section 113 Statute of limitations
Section 114 Legal Way
Third Section
Performance and replacement claims of the service providers against third parties
§ 115 Claims against the employer
Section 116 Claims against claims for damages
Section 117 Claims for damages of several service providers
Section 118 Binding of the courts
§ 119 Transfer of contribution claims
Fourth chapter
Transitional and final provisions
§ 120 Transitional arrangements
Annex (to § 78a)

First chapter
Administrative procedures

First section
Scope, competence, mutual assistance

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§ 1 Scope

(1) The provisions of this Chapter shall apply to the public administration activities of the authorities which are exercised in accordance with this Code. For the public administration activities of the authorities of the countries, municipalities and associations of municipalities, the other legal persons under public law under the supervision of the country, to carry out special parts of this The statutory provisions which become a part of the Social Code after the entry into force of the provisions of this Chapter shall apply only insofar as these special parts, with the consent of the Federal Council, declare the provisions of this Chapter applicable. The provisions do not apply to the prosecution and prosecution of administrative offences. (2) Authority within the meaning of this Code is any body carrying out the tasks of the public administration. Unofficial table of contents

§ 2 Local competence

(1) Where a number of authorities have a local authority, the authority which has first been referred to the matter shall decide, unless the common supervisory authority decides that a different local authority has to decide. This supervisory authority shall also decide on local competence if several authorities consider themselves competent or uncompetent, or where competence is doubtful for other reasons. In the absence of a common supervisory authority, the supervisory authorities shall jointly take the decision. (2) In the course of the administrative procedure, the circumstances giving rise to the responsibility may be changed by the competent authority so far the administrative procedure , if this serves the interests of the parties involved in the simple and effective implementation of the procedure and agrees with the competent authority now responsible. (3) If the local authority has changed, the competent authority to date must: The Authority shall continue to provide the services until such time as they are provided by the competent authority. The competent authority shall be required to reimburse the services which have yet to be provided after the change of competence. Section 102 (2) shall apply. (4) In the event of danger in default, any authority in whose district the official act is responsible shall be responsible for unceasable measures. The competent authority of the competent authority in accordance with the specific parts of this Code shall be immediately informed. Unofficial table of contents

§ 3 Administrative aid

(1) Each authority shall, upon request, provide additional assistance to other authorities (mutual assistance). (2) Assistance shall not be provided where:
1.
-provide assistance to each other within an existing authority;
2.
the assistance shall be in the form of acts which the requested authority is responsible for as its own task.
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§ 4 Conditions and limits of mutual assistance

(1) An authority may request assistance in particular if it is
1.
may not, for legal reasons, make the official act itself,
2.
for actual reasons, in particular because of the absence of the service staff or bodies required to carry out the official act, the official act cannot be carried out by itself,
3.
In order to carry out their duties, it is necessary to have knowledge of facts which are unknown to it and which it is not able to identify itself,
4.
require documents or other evidence in the possession of the requested authority in order to carry out their duties,
5.
the official act could only be carried out with much greater effort than the requested authority.
(2) The requested authority shall not be allowed to provide assistance if:
1.
it is not in a position to do so for legal reasons,
2.
by providing assistance to the well-being of the federal government or a country would have significant disadvantages.
The requested authority shall not be obliged, in particular, to submit documents or files and to provide information if the transactions have to be kept secret according to a law or by its nature. (3) The requested authority needs help not to be provided where:
1.
another authority can make the aid much easier or with much less effort,
2.
it could only provide the aid with a disproportionately large amount of effort,
3.
it would seriously jeopardise the performance of its own tasks, taking into account the tasks of the applicant authority.
(4) The requested authority may not refuse assistance because it considers the request for reasons other than those referred to in paragraph 3 or because it considers the measure to be implemented with the assistance of the administrative assistance to be inappropriate. (5) Does the requested authority does not commit itself to the aid, it shall inform the applicant authority of its opinion. If the latter insists on mutual assistance, the joint supervisory authority or, where such an absence exists, the supervisory authority responsible for the requested authority shall decide on the obligation to assist in the mutual assistance. Unofficial table of contents

Section 5 Selection of the Authority

Where a number of authorities are eligible for mutual assistance, it shall be possible, where possible, to request an authority from the lowest administrative level of the administrative branch to which the applicant authority belongs. Unofficial table of contents

Section 6 Implementation of mutual assistance

(1) The admissibility of the measure to be carried out by mutual assistance shall be determined by the authority of the applicant authority, the implementation of the administrative assistance in accordance with the law applicable to the requested authority. (2) The applicant authority shall bear the in relation to the requested authority, the responsibility for the legality of the measure to be taken. The requested authority shall be responsible for the implementation of the assistance. Unofficial table of contents

Section 7 Costs of mutual assistance

(1) The requesting authority shall not have to pay an administrative fee to the requested authority for the assistance of the Office. The requested authority shall be required to reimburse the requested authority upon request if, in individual cases, it exceeds EUR 35, in the case of mutual assistance between insurance institutions, 100 euros. Deviating agreements will not be affected thereby. If the authorities of the same legal entity assist each other, the expenses will not be reimbursed. (2) If the requested authority takes charge of a paid official act to carry out the mutual assistance, you shall have the right to do so by a third party for the purpose of carrying out the assistance. Costs (administrative fees, user charges and expenses).

Second section
General rules on administrative procedures

First Title
Procedural principles

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§ 8 Concept of administrative procedure

The administrative procedure within the meaning of this Code is the external action of the authorities, which shall be subject to examination of the conditions, preparation and adoption of an administrative act or to the conclusion of a public service It shall include the adoption of the administrative act or the conclusion of the public service contract. Unofficial table of contents

Section 9 Non-formality of the administrative procedure

The administrative procedure shall not be bound by certain forms, unless there is any specific legislation in the form of the procedure. It is simple, expedient and quick to carry out. Unofficial table of contents

§ 10 Participation capacity

Able to be involved in the procedure are
1.
natural and legal persons,
2.
associations, in so far as they are entitled to a right,
3.
Authorities.
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§ 11 Procedure for the handling of proceedings

(1) Ability to take procedural steps
1.
natural persons, who are capable of business in accordance with civil law,
2.
natural persons, who are limited in business capacity under civil law, insofar as they are acting in accordance with the provisions of civil law as being capable of acting or governed by public law as being subject to the procedure laid down in are recognised as capable of action,
3.
legal persons and associations (§ 10 no. 2) by their legal representatives or by special representatives,
4.
Authorities through their directors, their representatives or representatives.
(2) Subject to a reservation of consent in accordance with § 1903 of the Civil Code the subject-matter of the proceedings, a business-capable subject shall only be able to receive procedural acts in so far as it is subject to the provisions of the bourgeois law. To be able to act on the right without the consent of the supervisor or be recognised as being able to act by public law. (3) § § 53 and 55 of the Code of Civil Procedure shall apply accordingly. Unofficial table of contents

§ 12 Participants

(1) Participants are:
1.
applicants and defendant,
2.
those to which the Authority intends to direct or direct the administrative act,
3.
those with whom the Authority intends to conclude or have concluded a public service contract,
4.
those who have been consulted by the Authority in accordance with paragraph 2.
The Authority may, on its own account or at the request of the Authority, include those whose legal interests may be affected by the outcome of the proceedings as parties to the proceedings. If the outcome of the proceedings has a legal effect on a third party, it shall be added to the proceedings at the request of a party; in so far as it is known to the Authority, the latter shall notify it of the initiation of the proceedings. (3) Those who are to be heard without the conditions set out in paragraph 1 shall not be involved in this way. Unofficial table of contents

Section 13 Plenipotentiaries and advisers

(1) A participant may be represented by an authorised representative. The power of attainment shall be authorized to all procedural acts relating to the administrative procedure, unless the content of such acts is different. The authorised representative shall, on request, prove his attorney in writing. A revocation of the power of atonation shall not take effect from the authority until it is received by it. (2) The power of atonation shall not be lifted by the death of the full-power provider or by a change in its capacity for action or its legal representation; however, the authorised representative shall, if he appears in the administrative proceedings for the legal successor, have the power of his authority in writing at his request. (3) If an agent is appointed for the proceedings, the authority must contact him. It may turn to the person concerned himself, insofar as he is obliged to participate. If the authority applies to the parties concerned, the agent must be notified. Provisions concerning the service to authorised agents shall remain unaffected. (4) A participant may appear in negotiations and meetings with an assistance. The person referred to by the assistance shall be deemed to have been brought forward by the person concerned, in so far as the person concerned does not object immediately. (5) Agents and advisers shall be rejected if they are contrary to § 3 of the Legal Service Act (6) Plenipotentiaries and advisers may be rejected by the lecture if they are unsuitable for this purpose; from the oral presentation, they can only be rejected if they are not capable of the substantive presentation. Persons who are empowered to represent in the social court proceedings pursuant to § 73 (2) sentence 1 and 2 (3) to (9) of the Social Court Act may not be rejected. (7) The rejection pursuant to paragraphs 5 and 6 shall also be referred to the person concerned, where the authorised representative or councor is refused, in writing. Procedural acts of the rejected agent or councilor which he or she carries out after the refusal are not effective. Unofficial table of contents

Section 14 Order of a receiving agent

At the request of a party without domials or habitual residence, registered office or executive management, the Authority shall, on request, appoint a receiving agent within the country within a reasonable period of time. If he does so, a document sent to him shall be deemed to have been received on the seventh day after the post and an electronically transmitted document on the third day after the dispatch. This shall not apply if it is established that the document has not reached the recipient or at a later date. The legal consequences of the omission shall be indicated to the party concerned. Unofficial table of contents

Section 15 Order of a representative of the Office for

(1) If a representative does not exist, the court has to appoint a suitable representative at the request of the authority.
1.
for a participant whose person is unknown,
2.
for an absent party whose residence is unknown or which is prevented from obtaining his or her affairs,
3.
for a non-resident party, if he has not complied with the request of the authority to appoint a representative, within the time limit set,
4.
for a party who, as a result of a mental illness or physical, mental or psychological disability, is unable to take action in the administrative procedure itself.
(2) In the cases referred to in paragraph 1, point 4, the representative of the representative shall be responsible for the appointment of the representative, in whose district the person concerned has his habitual residence; moreover, the court of care shall be responsible for the district in whose district the If the person concerned is a minor, the family court shall be replaced by the court of supervisors. (3) The representative shall be entitled to an appropriate one against the legal entity of the authority which has requested his/her appointment Remuneration and reimbursement of cash outlays. The authority may require the replacement of its expenses. It shall determine the remuneration and shall determine the expenses and expenses. (4) In the case of the appointment and for the office of representative in the cases referred to in paragraph 1 (4), the provisions relating to the supervision shall also apply, in other cases the provisions relating to the supervision of the person responsible for the payment of the remuneration. Provisions relating to the parish. Unofficial table of contents

§ 16 excluded persons

(1) An administrative procedure shall not be allowed to act for an authority;
1.
who is a participant himself,
2.
who is a member of a participant,
3.
who represents a person involved in law or authority in general or in this administrative procedure, or who has been granted assistance in this administrative procedure,
4.
who is a member of a person who represents a person involved in that procedure;
5.
if the person concerned is employed for remuneration or is a member of the board of directors, the supervisory board or a similar body; this shall not apply to the person whose powers of employment are parties, and not to the person concerned, Employees of occupational health insurance funds,
6.
who, outside of its official capacity, has given an opinion on the matter or has otherwise worked.
The person concerned shall be equal to who may obtain a direct advantage or disadvantage by the activity or by the decision. This does not apply if the advantage or disadvantage is based on the fact that someone belongs to a professional or population group whose common interests are affected by the matter. (2) Paragraph 1 does not apply to elections to an honorary person. Activities and for the convening of volunteers. Paragraph 1 (3) and (5) shall not apply to the administrative procedure on the basis of relations between doctors, dentists and sickness funds. (3) Any person who is excluded under paragraph 1 may, in the event of danger, take any measures which may be inexorable. (4) if a member of a committee or advisory committee is excluded, or if there are doubts as to whether the conditions set out in paragraph 1 are met, it shall be communicated to the committee or the advisory board. The committee or advisory committee shall decide on the exclusion. The person concerned shall not be allowed to participate in this decision. The excluded member must not be present in the course of further consultation and decision-making. (5) Members within the meaning of paragraph 1 (2) and (4) shall be
1.
the fiancée,
2.
the spouse,
3.
Related and Disgusted straight line,
4.
Siblings,
5.
Children of siblings,
6.
Spouse of the brothers and sisters of the spouses,
7.
Siblings of the parents,
8.
Persons who are connected with one another by means of a long-term care relationship with a domestic community such as parents and children (foster parents and foster children).
Members of the persons referred to in the first sentence shall also be members of the
1.
in the cases referred to in points 2, 3 and 6, the marriage founded on the relationship no longer exists,
2.
in the cases referred to in points 3 to 7, the relationship or weakenity shall be obtained by acceptance as a child,
3.
in the case of point 8, the domestic community no longer exists, provided that the persons continue to be connected to each other, such as parents and children.
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Section 17 Concern of partiality

(1) Where there is a reason for justifying distrust of non-partisan exercise, or where a party claims the existence of such a reason, he or she shall be responsible for an administrative procedure for an authority shall be to inform the Head of the Authority or to inform the Director of the Authority and to abstain on the latter's order. Where the matter of concern concerns the head of the authority, this order shall be the subject of the supervisory authority, unless the authority of the authority itself contains any assistance. In the case of the business leaders of the insurance institutions, the Board of Management is replaced by the Management Board. (2) For members of a committee or advisory board, Section 16 (4) shall apply accordingly. Unofficial table of contents

§ 18 Start of proceedings

The Authority shall, at the discretion of the Authority, decide whether and when to carry out an administrative procedure. This shall not apply where the Authority is based on legislation
1.
must act on its own account or on request,
2.
shall only be allowed to act upon request and an application shall not be submitted.
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Section 19 Official language

(1) The official language is German. People with hearing impairments have the right to use sign language for an understanding in the official language; expenses for interpreters must be borne by the authority or the service provider responsible for the social service. (2) where the authority in a foreign language has submitted applications or inputs, documents, documents or other documents, the Authority shall, without delay, require the submission of a translation within a reasonable period of time to be set by the Authority, provided that: is not in a position to understand the applications or documents. In duly substantiated cases, the submission of a certified translation or a translation made by a publicly appointed or sworn interpreter or translator may be required. If the requested translation is not submitted within the time limit set, the authority may procure a translation and demand compensation for its expenses in an appropriate manner. If the authority has consulted interpreters or translators, they will receive a remuneration on application in the appropriate application of the Justice and Compensation Act; with interpreters or translators, the Authority may be remunerated (3) Should a notification, application or submission of a declaration of intent set a time limit within which the Authority must act in a particular way, and enter into a foreign language, the date of the expiry of the period only at the time when the authority has a translation. (4) If a notice, application or declaration of intent, which enter into a foreign language, is intended to respect a party's benefit to the authority, to claim a public service claim, or to request a social benefit , the notification, application or declaration of intent shall be deemed to have been made at the time of receipt by the Authority if the Authority is able to understand the notification, application or declaration of intent, or if within the set of The deadline for a translation is provided. Otherwise, the date of receipt of the translation shall be decisive. This legal consequence shall be noted in the case of the time limit. Unofficial table of contents

Section 20 Investigation principle

(1) The Authority shall determine the facts of its own motion. It shall determine the nature and extent of the investigation; it shall not be bound by the arguments and the requests for evidence by the parties concerned. (2) The Authority shall have all the relevant circumstances for the individual case, including the circumstances favourable to the parties concerned. (3) The Authority may not refuse to accept declarations or requests falling within its sphere of competence because it considers the declaration or the application to be inadmissible or unfounded. Unofficial table of contents

Section 21 Evidence

(1) The Authority shall use the evidence which it deems necessary in order to determine the facts of the case. It may in particular:
1.
to obtain information of any kind, including electronic documents and documents,
2.
listen to the participants, hear witnesses and experts, or obtain the written or electronic statements made by interested parties, experts and witnesses,
3.
Documents and documents,
4.
take the look of the eye.
Documents and files may also be drawn aside in electronic form, unless otherwise provided by law. (2) The parties concerned shall participate in the investigation of the facts. In particular, they should provide them with known facts and evidence. A further obligation to participate in the investigation of the facts, in particular a duty to make personal appearance or to testify, exists only insofar as it is particularly provided for by law. (3) For witnesses and witnesses, and Experts shall have a duty to testify or to reimburse opinions if provided for by law. Such an obligation exists even if the statement or the reimbursement of opinions within the scope of section 407 of the Code of Civil Procedure for the decision on the formation, provision, continuation, the resting, the withdrawal or the omission of an opinion. Social performance and its height can be inadvertated. The provisions of the Code of Civil Procedure relating to the right to refuse a certificate or expert opinion shall be subject to the refusal of experts and the hearing of public servants as witnesses or experts accordingly. In the event that the Authority has consulted witnesses, experts and third parties, they shall receive compensation or remuneration on application in the appropriate application of the Justice and Compensation Act; with experts, the Authority may: (4) The financial authorities shall, in so far as is necessary in the procedure laid down in this Code, have information on the income or financial circumstances of the applicant, the recipient of the benefits, the reimburseer's obligations, and the income or the financial situation of the applicant, Dependants, dependants, or the Budget of family members to be granted. Unofficial table of contents

§ 22 interrogation by the social or administrative court

(1) If witnesses or experts refuse to testify in the cases of Article 21 (3) without the existence of any of the reasons mentioned in § § 376, 383 to 385 and 408 of the Code of Civil Procedure, the Authority may, depending on the case, be (a) the social or administrative court responsible for the place of residence or residence of the witness or expert, in order to request the hearing. Where the residence or place of residence of the witness or expert is not located at the seat of a social or administrative court or a branch of a social court or of a specially established chamber of a administrative court, may also be requested to take part in the hearing of the competent local court. In the request, the Authority shall specify the subject matter of the hearing and shall specify the names and addresses of the parties concerned. The Court of First Instance shall notify the parties concerned of the evidence of evidence. (2) If the Authority considers the importance of the testimony of a witness or of the expert opinion of an expert, or for the purpose of establishing a truthful statement, the (3) The Court of First Instance decides on the legality of a refusal of the certificate, of the opinion or of the oath performance. (4) A request for a Paragraph 1 or 2 to the Court of First Instance may only be made by the head of the authorities, his general Representatives or members of the public service who have the competence to judge or fulfil the requirements of § 110 sentence 1 of the German Judge Act. Unofficial table of contents

§ 23 Credits, insurance on oath

(1) If a piece of legislation provides that it is sufficient to establish the relevant facts, it is also possible for the insurance to be held in lieu of oath. A fact must be regarded as credible if, according to the outcome of the investigation, it is likely to be the case, it is likely to be the case. (2) The Authority shall be allowed to determine the In the event that the acceptance of the insurance relating to the subject-matter concerned and in the relevant proceedings is provided for by law or by law and by the authority of the competent authority of the Member State concerned, the facts shall be subject to the following: Legislation has been declared to be responsible. An insurance of oath is to be taken instead only if other means of understanding the truth are not present, have not resulted in any result or require disproportionate effort. An incompetent person within the meaning of § 393 of the Code of Civil Procedure may not be required to provide an affidavit. (3) If the insurance is admitted to the oath rather than by a public authority, only the insurance company shall be admitted to the Head of the Authority, its general representative and members of the public service, who have the competence to judge or fulfil the requirements of § 110 sentence 1 of the German Judge Act. Other members of the public service may authorize the head of the authority or his general representative in writing in general or on a case-by-case basis. (4) The insurance consists in the fact that the insurer is responsible for the accuracy of his declaration. confirmed on the subject in question and stated: "I take place in a safe and secure way, that I have said the pure truth to the best of my knowledge and that I have not concealed nothing." Agents and advisers are entitled to take part in the admission of the insurance to Eides. (5) Prior to the inclusion of the insurance on oath, the policyholder is entitled to the importance of the oath insurance policy and the To lecture the criminal consequences of incorrect or incomplete jealous insurance. (6) The minutes shall also contain the names of the persons present as well as the place and the date of the minutes. The minutes shall be submitted for approval to the person who makes the affidavit, or to be provided for review on request. The authorisation granted shall be noted and shall be signed by the person who is to be insured. The minutes shall then be signed by the person who has taken out the insurance on oath, and by the author. Unofficial table of contents

Section 24 Consultation

(1) Before issuing an administrative act which intervenes in the rights of a person concerned, it is necessary to give this opportunity to comment on the facts which are significant for the decision. (2) The hearing may not be heard if:
1.
an immediate decision is necessary for the risk of default or in the public interest;
2.
the consultation would call into question compliance with a time-limit applicable to the decision,
3.
shall not be dismissed in its favour by the actual information of a participant who made it in a motion or a declaration;
4.
the general or similar administrative acts are to be adopted in greater numbers;
5.
income-related benefits should be adjusted to the changed circumstances,
6.
measures are to be taken in administrative enforcement or
7.
should be charged or credited against claims or claims of less than EUR 70; number 5 shall remain unaffected.
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Section 25 File inspection by participants

(1) The Authority shall allow the parties concerned to inspect the files relating to the proceedings, insofar as their knowledge of the proceedings or defence of their legal interests is necessary. Sentence 1 shall not apply until the completion of the administrative procedure for draft decisions and the work on its immediate preparation. (2) As far as the files contain information on the health conditions of a person concerned, the Authority instead of the contents of the files can be given to the person concerned by a doctor. It is intended to arrange for the contents of the files to be conveyed by a doctor if it is to be feared that the inspection of the files would cause a disproportionate disadvantage, in particular in the case of health, to the person concerned. In so far as the files contain information which may affect the development and development of the person's personality, the provisions of sentences 1 and 2 shall apply with the proviso that the contents of the files shall also be made by a staff member of the Authority , which is suitable and able to do so by means of pre-education and professional life and work experience. The right referred to in paragraph 1 shall not be limited. (3) The authority shall not be obliged to act on the inspection of the file insofar as the transactions have to be kept secret because of the legitimate interests of the parties or third parties. (4) The File inspection shall be carried out by the authority which carries out the files. On a case-by-case basis, the inspection may also be carried out with another authority or at a diplomatic or professional consular post of the Federal Republic of Germany abroad; other exceptions may allow the authority to lead the files. (5) In so far as the inspection of the files is to be permitted, the parties may make extracts or copies of copies themselves or have the authority given to them to be made available to them. In so far as access to the file is to be permitted in an electronic file, the Authority may grant access to the file by printing, in whole or in part, documents, reproducing electronic documents on a screen, and electronic documents relating to: Provides or allows electronic access to the contents of the file. The Authority may require the reimbursement of its expenses to an appropriate extent.

Second Title
Deadlines, dates, reinstatation

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§ 26 Deadlines and dates

(1) For the purposes of the calculation of time limits and for the purpose of determining dates, Sections 187 to 193 of the Civil Code shall apply, unless otherwise specified by paragraphs 2 to 5. (2) The passage of a time limit set by a public authority shall be subject to the following conditions: (3) If the end of a period falls on a Sunday, a public holiday or a Saturday, the time limit shall end with the date of the notification of the period. the expiry of the next working day. This shall not apply if, having regard to this provision, the person concerned has been informed of a certain day as the end of the period. (4) If a public authority has to provide services for a specific period only, that period shall end with the Expiry of the last day, if it falls on a Sunday, a public holiday or a Saturday. (5) The date set by a public authority must be complied with even if it is on a Sunday, public holiday or Saturday. (6) If a period of time is determined after hours, Sundays, public holidays or (7) Time limits set by a public authority may be extended. If such time limits have already expired, they may be retroactively extended, in particular if it would be inconsequential to have the legal consequences of the expiry of the deadline to be maintained. The Authority may combine the extension of the period in accordance with § 32 with a secondary provision. Unofficial table of contents

Section 27 Re-establishment of rights in the previous stand

(1) If a person without fault has been prevented from complying with a legal deadline, he must be granted re-establishment of rights at the previous stand. The fault of a representative is to be attributed to the representative. (2) The request shall be made within two weeks after the removal of the obstacle. The facts on the justification of the application shall be made credible in the application or in the proceedings on the application. Within the application deadline, the missed action is to be taken up. If this is done, reinstatment can also be granted without a request. (3) After one year since the end of the missed period, the reinstatment can no longer be requested or the omitted act can no longer be brought up, except if this is done before (4) The application for re-establishment of rights shall be decided by the authority which shall be responsible for the failure to act. (5) The reinstatment shall be inadmissible if a piece of legislation is required to be taken into account. reveals that it is excluded. Unofficial table of contents

Section 28 Repeated application

If a performer has the right to claim a social benefit from the position of an application because a claim has been made to a different social benefit, and if that benefit is denied or is to be reimbursed, the effect of the application shall be: the application shall be withheld for up to one year if it is lodged within six months of the end of the month in which the rejection or reimbursement of the other benefit has become binding. The first sentence shall also apply if the timely application for a different benefit has been made out of ignorance of the condition of the claim and the second performance has been subordinated to the first performance, if it had been provided would be.

Third Title
Official certification

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§ 29 certification of documents

(1) Each authority shall have the power to devote copies of documents issued by its own authority. In addition, the federal government authorities designated by the Federal Government, the federal authorities, institutions and foundations of public law and the authorities responsible under national law are empowered to do so. Copies to be certified if the original is issued by a public authority or if the copy is required for submission to an authority, unless the issuing of certified copies from official registers and the issuing of certified copies of the original documents is required. Archives of other authorities are reserved exclusively; the legal regulation is required not the consent of the Federal Council. (2) copies may not be certified if circumstances permit the acceptance that the original content of the document whose copy is to be certified has been amended, in particular: if this document contains gaps, submissions, ratings, changes, illegible words, numbers or signs, traces of the elimination of words, numbers and characters, or if the connection of a multi-page leaves (3) A copy shall be certified by a Certified statement to be placed under the transcript. The endorsement must include:
1.
the exact name of the document, the copy of which shall be certified;
2.
the fact that the certified copy is in conformity with the document submitted,
3.
an indication that the certified copy will be issued only for submission to the indicated authority if the original document has not been issued by an authority,
4.
the place and day of authentication, the signature of the officials responsible for the certification and the official seal.
(4) Paragraphs 1 to 3 shall apply in accordance with the certification of:
1.
Reproductions, light prints and similar copies produced in technical procedures,
2.
Negatives produced by photographic technology, which are kept by a public authority,
3.
Printing of electronic documents,
4.
electronic documents,
a)
that were made to depict a record,
b)
which have received a technical format other than the initial document associated with a qualified electronic signature.
(5) In addition to the information referred to in the second sentence of paragraph 3, the endorsement shall be required for the certification of the certificate.
1.
the expression of an electronic document associated with a qualified electronic signature containing findings,
a)
who has the signature verification as the owner of the signature,
b)
the date of the signature verification for the affixing of the signature; and
c)
which certificates are based on which data of that signature;
2.
an electronic document shall contain the name of the official responsible for the certification and the name of the authority which carries out the certification; the signature of the official responsible for the certification and the official seal pursuant to the second sentence of paragraph 3, point 4, shall be replaced by a qualified electronic signature which is permanently verifiable.
If an electronic document, which has received a technical format other than the original document linked to a qualified electronic signature, is certified in accordance with the first sentence of the first sentence of the first sentence, the endorsement note shall also include the (6) The documents produced in accordance with paragraph 4 shall be the same if they are certified, certified copies shall be the same. (7) Where an authority has the technical means, it shall be possible to: they shall, on request, receive an electronic document from the documents which they themselves issued The document referred to in paragraph 4 (4) (a) or an electronic copy shall be completed and shall be certified. Unofficial table of contents

§ 30 legalization of signatures

(1) The federal government authorities designated by the Federal Government, the federal authorities, institutions and foundations of public law and the authorities responsible under national law shall have the power to sign signatures. if the signed document is required for submission to a public authority or to any other body which is required to submit the document signed on the basis of a legal provision. This shall not apply to:
1.
Transcripts without accompanying text,
2.
Documents requiring public authentication (§ 129 of the Civil Code).
(2) A signature shall only be certified if it is carried out or recognised in the presence of the begging staff. (3) The endorsement shall be affixed immediately upon the signature to be certified. It must contain
1.
the confirmation that the signature is genuine,
2.
the exact name of the person whose signature is to be certified and whether the person responsible for the certification has obtained certainty about that person and whether the signature has been carried out in his presence, or has been recognised,
3.
the fact that the certification is intended only for submission to the designated authority or body,
4.
the place and day of authentication, the signature of the officials responsible for the certification and the official seal.
(4) Paragraphs 1 to 3 shall apply to the certification of signs of hand. (5) The legal regulations pursuant to paragraphs 1 and 4 do not require the approval of the Federal Council.

Third Section
Administrative

First Title
Establishment of the administrative act

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§ 31 Concept of the administrative act

The administrative act is any order, decision or other sovereign measure which a public authority applies to the regulation of an individual case in the field of public law and which is directed towards the outside in direct legal action. The general order is an administrative act which relates to a group of persons determined or identifiable by general characteristics, or which concerns the public property of a thing or its use by the general public. Unofficial table of contents

Section 32 Rules on the administrative act

(1) An administrative act on which a claim is made may be accompanied by a secondary provision only if it is authorised by law or if it is to ensure that the legal requirements of the administrative act are fulfilled (2) Without prejudice to paragraph 1, an administrative act may be adopted at the discretion of the
1.
a determination by which a concession or burden begins at a given point in time, ends or applies for a given period of time (freezing),
2.
a provision on the basis of which the entry or the omission of a benefit or charge depends on the unaware occurrence of a future event (condition),
3.
a reservation of revocation
or will be connected to
4.
a provision requiring the beneficiary to have a tun, dicult or ominy (edition),
5.
a reservation of the subsequent recording, modification or addition of an edition.
(3) A secondary provision shall not be contrary to the purpose of the administrative act. Unofficial table of contents

§ 33 The determination and form of the administrative act

(1) An administrative act must be sufficiently determined in terms of content. (2) An administrative act may be issued in writing, electronically, orally or in any other way. An oral administrative act shall be confirmed in writing or in electronic form if there is a legitimate interest in this, and the person concerned demands this immediately. An electronic administrative act must be confirmed in writing under the same conditions; Section 36a (2) of the First Book does not apply in this respect. (3) A written or electronic administrative act must recognize the issuing authority and the signature or the name rendering of the authority, his representative or his representative. If the electronic form is used for an administrative act for which the written form is arranged by means of legislation, the qualified certificate on which the signature is based must also be used, or an associated qualified certificate of attrivical use must also be used. to identify the issuing authority. In the case of § 36a (2) sentence 4 (3) of the First Book, the confirmation in accordance with § 5 paragraph 5 of the De-Mail-Act must be recognized by the issuing authority as the user of the De-Mail account. (4) For an administrative act according to § 36a para. 2 of the (5) In the case of an administrative act adopted with the aid of automatic bodies, the first sentence of the first sentence of paragraph 3 may be signed, and Name rendering is missing; in the case of an electronic administrative act, the Signature underlying certificate can only be recognized by the issuing authority. A key symbol may be used for the indication of the content if the person for whom the administrative act is intended or which is affected by it can clearly identify the content of the administrative act, on the basis of the explanations given for this purpose. Unofficial table of contents

§ 34 Assertion

(1) A commitment made by the competent authority to issue or refrain from a particular administrative act subsequently (assurance) shall require the written form to be effective. Where, prior to the adoption of the assured administrative action, the hearing is required by a person concerned or the participation of another authority or a committee pursuant to a law, the undertaking may not be held until after the parties have been heard or (2) find the invalidity of the assurance, without prejudice to the first sentence of paragraph 1, § 40, to the healing of defects at the hearing of interested parties and to the participation of other authorities, or Committees § 41 (1) (3) to (6) and (2), on the withdrawal of § § 44 and 45 thereof, to the Revocation, without prejudice to paragraph 3, § § 46 and 47 corresponding application. (3) After giving the assurance, the legal situation changes in such a way that the authority does not give the assurance given the subsequent change in the change. or would not have been able to give it for legal reasons, the Authority is no longer bound to the assurance. Unofficial table of contents

Section 35 justification of the administrative act

(1) A written or electronic administrative act, as well as a written or electronically confirmed administrative act, shall be accompanied by a statement of reasons. The explanatory statement shall state the main factual and legal reasons which led the Authority to take its decision. The reasoning of discretionary decisions must also indicate the points on which the authority is based in the exercise of its discretion. (2) There is no need for justification to do so,
1.
in so far as the Authority is in accordance with an application or following a declaration and the administrative act does not intervene in the rights of another,
2.
in so far as the person for whom the administrative act is intended or which is affected by it, the opinion of the authority on the legal situation is already known or is readily apparent to him without justification,
3.
if the Authority is to issue similar administrative acts in greater numbers or administrative acts with the aid of automatic facilities and the reasons for the circumstances of the individual case are not justified,
4.
if this result from a piece of legislation,
5.
if a general order is made public.
(3) In the cases referred to in paragraph 2 (1) to (3), the administrative act shall be justified in writing or by electronic means where the person concerned, to whom the administrative act has been disclosed, has requested it within one year. Unofficial table of contents

Section 36 Legal instruction

Where the authority shall issue a written administrative act or confirm in writing an administrative act, the party complained of shall be informed of the appeal and the authority or the court to which the appeal is to be made, the legal remedy of which shall be: The seat, the time limit to be observed and the form to be written in writing. Unofficial table of contents

Section 37 announcement of the administrative act

(1) An administrative act shall be disclosed to the person concerned for whom he or she is appointed or who is affected by it. If an authorized representative is appointed, the announcement can be made to him. (2) A written administrative act, which is transmitted domesically by the Swiss Post, shall be deemed to be announced on the third day after the task of the post as known. An administrative act which is transmitted electronically domestiy or abroad shall be deemed to have been announced on the third day following the dispatch. This shall not apply if the administrative act is not received or at a later date; in doubt, the Authority shall have to prove the access of the administrative act and the date of access. (3) An administrative act may be announced publicly where this is authorised by legislation. A general order may also be disclosed to the public if an announcement to the parties is untunable. (4) The public announcement of a written or electronic administrative act is caused by the fact that the public disclosure of a written or electronic administrative act is effected by the public authorities. in the manner prescribed in each case in the manner prescribed in each case, or in the manner which is otherwise prescribed for official publications. The notice shall indicate where the administrative act and its explanatory statement may be viewed. The administrative act shall be deemed to have been announced two weeks after the contract notice. In a general order, a date deviating from this may, however, be determined at the earliest of the day following the notice. (5) Rules relating to the announcement of an administrative act by means of service remain unaffected. Unofficial table of contents

§ 38 Revelable malfunctions in the administrative act

The Authority may, at any time, correct spelling errors, calculation errors and similar apparent inaccuracies in an administrative act. In the event of a legitimate interest of the party concerned, it should be corrected. The authority shall be entitled to require the presentation of the document to be corrected.

Second Title
Administrative act

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Section 39 Effectiveness of the administrative act

(1) An administrative act shall be effective in respect of the person for whom he or she is appointed or who is affected by him at the time he is notified. The administrative act becomes effective with the content with which it is disclosed. (2) An administrative act remains effective, as long as and insofar as it is not withdrawn, revoked, otherwise repealed or carried out by time lapse or otherwise. (3) A non-administrative act is ineffective. Unofficial table of contents

Section 40nullity of the administrative act

(1) An administrative act is void in so far as it suffers from a particularly serious error and this is obvious in the case of a permanent appraisal of all the circumstances under consideration. (2) Without regard to the existence of the conditions of the Paragraph 1 shall be void of an administrative act,
1.
which has been issued in writing or in electronic form, but which does not allow the issuing authority to be recognised,
2.
which, according to a piece of legislation, can only be issued by issuing a certificate, but which does not comply with that form,
3.
that nobody can do for actual reasons,
4.
which calls for the commission to commit an illegal act which implements a criminal or penal code,
5.
that is in breach of good morals.
(3) An administrative act is not, therefore, void, because
1.
the rules on local competence have not been complied with,
2.
has participated in a person excluded from the provisions of Article 16 (1), first sentence, No. 2 to 6;
3.
a committee appointed by law to participate in the adoption of the administrative act has not taken a decision or has not been able to give a quorum,
4.
the involvement of another authority in accordance with a legal provision has been maintained.
(4) Where invalidity concerns only part of the administrative act, it shall be void in its entirety if the void part is so essential that the authority would not have adopted the administrative act without the non-legislative part. (5) The Authority may not be able to take the necessary measures to ensure that the administrative act is not shall be determined at any time by its own motion, and shall be determined at any time if the applicant has a legitimate interest in this. Unofficial table of contents

Section 41 Healing of procedural and procedural errors

(1) An infringement of procedural or formal requirements which does not make the administrative act void in accordance with § 40 shall be inconformable if:
1.
the application required for the adoption of the administrative act is subsequently submitted,
2.
the necessary justification is subsequently given,
3.
the necessary consultation of a person concerned is to be obtained,
4.
the decision of a committee whose participation is necessary for the adoption of the administrative act is subsequently taken,
5.
the necessary involvement of another authority is sought;
6.
the need to attract a person concerned.
(2) Actions referred to in paragraph 1 (2) to (6) may be obtained up to the last factual instance of a social or administrative judicial procedure. (3) If an administrative act is not required, the necessary justification or the necessary consultation of an administrative act may be required. If the person concerned has not been subject to the administrative act, and if the administrative act has been omitted in due time, the delay in the period of appeal shall be deemed not to have been in debt. The event, which is decisive for the reinstatment period, shall enter into force at the time of the re-establishment of the dismissed procedural act. Unofficial table of contents

§ 42 Consequences of procedural and procedural errors

The annulment of an administrative act which is not void in accordance with Section 40 cannot be claimed solely because it has been brought about in breach of the rules on the procedure, form or local jurisdiction, if: it is obvious that the breach did not affect the decision in the case. Sentence 1 shall not apply if the required hearing is not or is not effectively obtained. Unofficial table of contents

Section 43 Reinterpretation of an erroneous administrative act

(1) A defective administrative act may be reinterpreted in a different administrative act if it is aimed at the same objective, which the issuing authority could have legitimately adopted in the course of the proceedings and the form, and (2) Paragraph 1 shall not apply if the administrative act to which the erroneous administrative act is to be interpreted contradict the apparent intention of the issuing authority or its legal consequences for the Those affected would be more unfavourable than those of the faulty administrative act. A reinterpretation is also inadmissible if the erroneous administrative act is not likely to be withdrawn. (3) A decision which can only be taken as a legally bound decision cannot be reinterpreted in a discretionary decision. (4) § 24 shall apply accordingly. Unofficial table of contents

Section 44 Revocation of an illegal non-beneficiary administrative act

(1) In so far as it arises in the individual case that the right of an administrative act has been incorrectly applied or has been presumed to have been incorrect, and to the extent that social security benefits have not been injustised in the wrong way or contributions have been wrongly collected, the administrative act, even after it has become indisputable, is to be taken back with effect for the past. This shall not apply if the administrative act is based on information which the person concerned has deliberately or incompletely made in an essential relationship. (2) In addition, an illegal administrative act, even after the act of law, is not a beneficiary of the law. has become unquestionable, completely or in part, with effect for the future. It may also be withdrawn for the past. (3) The competent authority shall decide upon the withdrawal after the administrative act has been indisputable; this shall also apply if the administrative act to be withdrawn by another authority (4) Where an administrative act has been withdrawn with effect for the past, social benefits shall be provided in accordance with the provisions of the special parts of this Code for a maximum period of up to four years before the date of the Withdrawal provided. The date of withdrawal shall be counted from the beginning of the year in which the administrative act is withdrawn. If the withdrawal takes place on request, the calculation of the period for which benefits are to be performed retroactively shall be replaced by the withdrawal of the application. Unofficial table of contents

Section 45 Withdrawal of an illegal administrative act

(1) In so far as an administrative act which has established or confirmed a legal or legal advantage (the administrative act) is unlawful, it may, even after having become unquestionable, be subject to the restrictions imposed by the (2) An unlawful administrative act may not be withdrawn in so far as the beneficiary is responsible for the existence of the Administrative act, and its confidence in weighing with the public interest is worthy of a retreat. Trust is generally worthy of protection if the beneficiary has consumed services or has taken up an asset disposition which he can no longer, or only under unreasonable disadvantages, reverse. The beneficiary may not rely on confidence to the extent that:
1.
it has had an administrative act of deceptive deception, threat or bribery,
2.
the administrative act is based on information which the beneficiary has made, intentionally or through gross negligence, inaccurate or incomplete in relation to the essential relationship; or
3.
he knew the unlawfulness of the administrative act or was not aware of it as a result of gross negligence; gross negligence would be the case if the beneficiary seriously injured the necessary diligence in a particularly serious manner.
(3) In accordance with paragraph 2, an illegal administrative act with a lasting effect may be withdrawn only up to the expiry of two years after its notification. Sentence 1 shall not apply if there are grounds for re-admission in accordance with Section 580 of the Code of Civil Procedure. Up to the end of ten years after its notification, an illegal, beneficiary administrative act with a permanent effect may be withdrawn in accordance with paragraph 2, if:
1.
the conditions set out in the third sentence of the second sentence of paragraph 2 or 3 are fulfilled, or
2.
the administrative act has been adopted with a permissible reservation of withdrawal.
In the cases set out in the third sentence, an administrative act on an ongoing cash benefit may be withdrawn after the expiry of the ten-year period if that cash benefit is paid at least until the beginning of the administrative procedure for the withdrawal of the money. . If the period of ten years had already expired on 15 April 1998, the provisions of sentence 4 shall apply, provided that the administrative act is repealed only with effect for the future. (4) Only in the cases referred to in the third sentence of paragraph 2 and the second sentence of paragraph 3, the administrative act shall be: has been taken back with effect for the past. The Authority has to do so within one year since knowledge of the facts justifying the withdrawal of an illegal administrative act for the past. (5) § 44 (3) applies accordingly. Unofficial table of contents

Section 46 Revocation of a legitimate non-favouring administrative act

(1) A legitimate non-beneficiary administrative act may, even after having become unquestionable, be revoked in whole or in part with effect for the future, except where an administrative act of the same content would have to be reissued; or (2) § 44 (3) shall apply accordingly. Unofficial table of contents

Section 47 Revocation of a legally-favoured administrative act

(1) A legitimate administrative act, even after having become indisputable, may be revoked in whole or in part with effect for the future only, to the extent that:
1.
the revocation is permitted by law or is reserved in the administrative act,
2.
is subject to the administrative act, and the beneficiary has not fulfilled it or has not fulfilled it within a time limit set by it.
(2) A legitimate administrative act which recognises or is a prerequisite for the performance of a given purpose or in kind may, even after having become indisputable, may, in whole or in part, also be effective in the case of: the past will be revoked if:
1.
the performance shall not be used immediately after the provision or no longer for the purpose specified in the administrative act,
2.
is subject to the administrative act, and the beneficiary has not fulfilled it or has not fulfilled it within a time limit set by it.
The administrative act may not be revoked with effect for the past, provided that the beneficiary has become familiar with the stock of the administrative act and his confidence is worthy of protection under consideration with the public interest in a revocation. Trust is generally worthy of protection if the beneficiary has consumed services or has taken up an asset disposition which he can no longer, or only under unreasonable disadvantages, reverse. The beneficiary cannot rely on trust, insofar as he knew the circumstances or did not know as a result of gross negligence, which led to the revocation of the administrative act. Section 45 (4) sentence 2 shall apply accordingly. (3) § 44 (3) shall apply mutah. Unofficial table of contents

Section 48 Waiver of an administrative act with permanent effect upon change of conditions

(1) In so far as a substantial change occurs in the actual or legal conditions which have occurred in the course of the adoption of an administrative act having a permanent effect, the administrative act with effect for the future shall be repealed. The administrative act shall be repealed with effect from the date of the change in circumstances, to the extent that:
1.
the change is in favour of the person concerned,
2.
the person concerned has not complied with an obligation imposed by legislation for the purpose of notifying any changes in the circumstances which are disadvantageous to him or her gross negligence,
3.
after the application or the adoption of the administrative act, income or assets have been obtained which would have resulted in the omission or reduction of the claim, or
4.
the person concerned knew or did not know, because he had infringed the necessary diligence to a particularly severe extent, that the claim arising from the administrative act had come to rest, or completely or partially, had fallen away.
The date of change in circumstances shall be the beginning of the period in which the income or assets are to be calculated over a period covered by the special parts of this law. (2) The administrative act shall be waived on a case-by-case basis for the future even if the competent Supreme Court of the Federal Republic of the Federal Republic of Germany, in settled case-law, subsequently exposes the law differently from that of the authority when issuing the administrative act and the latter for the benefit of the beneficiary; § 44 shall remain unaffected. (3) May be an unlawful In the case of a favourable administrative act in accordance with Article 45, and where an amendment to the provisions of paragraph 1 or 2 has occurred in favour of the person concerned, the newly established performance shall not exceed the amount of the amount to be determined without: Consideration of the existing force is given. Sentence 1 shall apply mutagenically to the extent to which an administrative act, which has a legitimate purpose, is based on an administrative act which is unlawful in law and which cannot be withdrawn pursuant to § 45. (4) § 44 (3) and (4), § 45 (3) sentence 3 to 5, and (4) Sentence 2 shall apply accordingly. The second sentence of Article 45 (4) shall not apply in the case of the second sentence of paragraph 1 of this paragraph. Unofficial table of contents

Section 49 Revocation and revocation of the right of appeal

§ 45 (1) to (4), § § 47 and 48 shall not apply if a beneficiary administrative act which has been challenged by a third party is repealed during the preliminary proceedings or during the social or administrative court proceedings, to the extent that: this will be remedied or the action will be taken. Unofficial table of contents

Section 50 Repayment of injustice of services

(1) Insofar as an administrative act has been repealed, the benefits already provided shall be reimbursed. The goods and services are to be reimbursed in money. (2) Insofar as services have been unjustly provided without an administrative act, they shall be reimbursed. (2a) The amount to be reimbursed shall be five percentage points from the occurrence of the invalidity of an administrative act on the basis of which services have been provided for the promotion of institutions or similar services. above the base rate of interest on a yearly basis. In particular, the right to claim interest may be waived if the beneficiary does not have to represent the circumstances which led to the withdrawal, withdrawal or invalidity of the administrative act and the circumstances to which the beneficiary has been granted the right to regain the interest. Amount shall be provided within the time limit fixed by the Authority. Where a benefit is not used immediately after payment for the specific purpose, interest may be required in accordance with the first sentence for the period up to the appropriate use; the same shall apply to the extent to which a benefit is claimed; (3) The performance to be reimbured shall be determined by means of a written administrative act. If the performance has been provided on the basis of an administrative act, the fixing is to be linked to the abolition of the administrative act. (4) The claim shall be statute-barred in four years from the end of the calendar year in which the The administrative act referred to in paragraph 3 has become indisputable. The provisions of the Civil Code apply to the inhibition, the curbing, the new beginning and the effect of the statute of limitations. § 52 shall remain unaffected. (5) The provisions of paragraphs 1 to 4 shall apply mutagenly to corrections pursuant to § 38. Unofficial table of contents

Section 51 Return of documents and property

Where an administrative act has been revoked or withdrawn indisputably, or if, for any other reason, its effectiveness is not or is no longer given, the authority may, on the basis of that administrative act, give the documents or items issued for the purpose of verification of: of the rights arising from the administrative act or to the exercise of which it is intended to be exercised. The owner and, if he is not the owner, also the owner of these documents or goods are obliged to release them. However, the proprietor or the holder may require that the documents or goods be returned to him after being marked invalid by the authority; this shall not apply in the case of items in which such marking is not or is not possible with the necessary disclosure or durability.

Third Title
Statute of limitations of the administrative act

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Section 52 Inhibition of the statute of limitations by means of an administrative act

(1) An administrative act adopted for the purpose of establishing or enforcing the claim of a public service legal entity shall inhibit the limitation of this claim. The suspension shall end with the entry into force of the administrative act or six months after its other completion. (2) If an administrative act within the meaning of paragraph 1 has become indisputable, the limitation period shall be 30 years.

Fourth Section
Public-legal contract

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Section 53 Admissibility of the public service contract

(1) A legal relationship in the field of public law may be established, amended or repealed by contract (public-law contract), insofar as legislation does not conflict with it. In particular, instead of adopting an administrative act, the Authority may conclude a public service contract with the one to which it would otherwise be responsible for the administrative act. (2) A public service contract for social benefits may be shall be concluded only in so far as the performance of the services is at the discretion of the service provider. Unofficial table of contents

§ 54 Comparison Treaty

(1) A public service contract within the meaning of § 53 (1) sentence 2, by which an uncertainty existing in the case of a constant assessment of the facts or the legal situation is eliminated by mutual surpassing (comparison), can be closed if the Authority considers the conclusion of the settlement to be appropriate in accordance with the discretion of the Authority. (2) § 53 (2) does not apply in the case referred to in paragraph 1. Unofficial table of contents

Section 55 Exchange Agreement

(1) A public service contract within the meaning of § 53 (1) sentence 2, in which the contractual partner of the authority undertakes to provide a consideration, may be concluded if the consideration is agreed for a particular purpose in the contract and the Authority shall be used to carry out its public duties. The consideration must be appropriate in all circumstances and must be in fact connected with the contractual performance of the Authority. (2) If the performance of the Authority is a claim, only such a consideration can be agreed upon. (3) § 53 (2) does not apply in the cases referred to in paragraphs 1 and 2. Unofficial table of contents

§ 56 written form

A public service contract must be concluded in writing, unless a different form is required by law. Unofficial table of contents

Section 57 Approval of third parties and authorities

(1) A public service contract which intervenes in the rights of a third party shall not take effect until the third party agrees in writing. (2) If, instead of an administrative act, the adoption of which according to a piece of legislation, the approval, consent, shall be or if the agreement of another authority is necessary, a contract shall be concluded only after the other authority has participated in the prescribed form. Unofficial table of contents

§ 58 Invalidity of the public service contract

(1) A public service contract shall be void if the invalidity arises from the corresponding application of the provisions of the Civil Code. (2) A contract within the meaning of § 53 (1) sentence 2 shall also be void if:
1.
an administrative act with a corresponding content would be void,
2.
an administrative act with a corresponding content would not only be illegal because of a procedural or procedural error within the meaning of Section 42, and this was known to the contracting parties,
3.
the conditions for the conclusion of a settlement contract were not available and an administrative act with a corresponding content would not only be unlawful because of a procedural or procedural error in the sense of Section 42,
4.
The Authority shall be able to promise an undue consideration in accordance with § 55.
(3) Where invalidity concerns only a part of the contract, it shall be void in whole if it is not to be assumed that it would have been concluded without the non-part. Unofficial table of contents

Section 59 Adaptation and dismissal in special cases

(1) If the conditions governing the determination of the content of the contract have been decisive, have changed since the conclusion of the contract so substantially that a Contracting Party does not maintain the original contractual arrangement. , the Contracting Party may request an adjustment of the content of the contract to the amended conditions or, if an adjustment is not possible or not to be attributable to a Contracting Party, shall terminate the contract. The authority may also terminate the contract in order to prevent or eliminate serious disadvantages for the common good. (2) The dismissal requires the written form, unless another form is prescribed by law. It is to be justified. Unofficial table of contents

Section 60 Subjugation under Immediate Enforcement

(1) Any closing of the contract may be subject to an immediate execution under a public service contract within the meaning of § 53 (1) sentence 2. The authority must, in this connection, be appointed by the head of the authority, its general representative or a public service member who has the competence to judge or fulfil the conditions laid down in § 110 sentence 1 of the German Judges Act, (2) § 66 shall apply to public-law contracts within the meaning of the first sentence of paragraph 1. § 170 (1) to (3) of the Administrative Court's Rules of Procedure shall be applied accordingly if a natural or legal person of private law or a non-judicial association wishes to pursue enforcement on the grounds of a monetary claim. § 172 of the Administrative Court Rules shall be applied in accordance with the provisions of Article 172 of the Administrative Court of Justice, which shall be enforced by the authority of the competent authority. Unofficial table of contents

Section 61 Supplementary application of provisions

Insofar as nothing deviates from § § 53 to 60, the remaining provisions of this Code shall apply. In addition, the provisions of the Civil Code shall apply accordingly.

Fifth Section
Redress procedure

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Section 62 Legal remedies against administrative acts

In the case of formal appeals against administrative acts, if the social law is in place, the Social Justice Act, when the administrative right has been given, the Administrative Court and the legislation to which it has been implemented, unless otherwise provided for by law, the provisions of this Code shall also apply. Unofficial table of contents

Section 63 Repayment of costs in pre-trial proceedings

(1) Where the objection is successful, the legal entity whose authority has adopted the contested administrative act shall have the person who has raised an objection which is necessary for the appropriate legal proceedings or defence. Expenses to be reimbursed. This also applies if the contradiction is not successful only because the infringement of a procedural or formal provision according to § 41 is incontedible. Expenses incurred as a result of the fault of a person entitled to a refund shall be borne by the latter; the fault of a representative is to be attributed to the representative. (2) The fees and expenses of a lawyer or any other person Agents in the preliminary proceedings shall be reimbursable if the rearing of an authorised representative was necessary. (3) The authority which made the decision on costs shall, on request, determine the amount of the expenses to be reimbursable; shall have a committee or advisory board, the decision shall be taken by the Cost-fixing of the authority in which the committee or advisory body is formed. The decision also determines whether the award of a lawyer or other agent was necessary.

Sixth Section
Costs, delivery and enforcement

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Section 64 Free of charge

(1) No fees or levies shall be charged for the procedure with the authorities in accordance with this Code. By way of derogation from the first sentence, the holders of the statutory pension insurance shall receive a fee of EUR 10.20 for each information provided on the basis of section 74a (2) sentence 1. (2) transactions and negotiations resulting from the application for, provision of, or the reimbursement of a social benefit is required free of charge. This also applies to the court costs specified in the Court of First Instance and Notary Costs Act. Certificates of attestation and certification are free of charge
1.
in the social security scheme of the insurance and insurance authorities, in order to provide for the legal relationships between the insurance institutions and the employers, insured persons or their survivors on the other hand unwind,
2.
in the law of social assistance, in the right of basic protection for job-seekers, in the right of basic protection in old age and in the case of disability, in the law of children and young people, and in the right of victims of war, on the occasion of the application, provision or the reimbursement of a service provided for in accordance with the Twelfth Book, the Second and Eighth Books or the Federal Supply Act,
3.
in the case of severely disabled persons, the competent body must be deemed necessary in connection with the use of the countervailing charge;
4.
in the right of social compensation in the event of damage to health,
5.
in a child's right to be used in children's money.
(3) The first sentence of paragraph 2 also applies to judicial proceedings to be applied by the Law on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction. In the procedure under the Code of Civil Procedure, the Act on the Procedures in family matters and in matters of voluntary jurisdiction, as well as in the proceedings before the courts of the social and financial courts, are the institutions of social assistance, the basic security for jobseekers, the benefits provided for by the Asylum seekers 'services law, youth welfare and war victims' welfare Court costs are exempt; § 197a of the Social Courts Act remains unaffected. Unofficial table of contents

§ 65 Delivery

(1) As far as deliveries by federal authorities, federal bodies, institutions and foundations of public law are required, § § 2 to 10 of the Administrative Procurement Act shall apply. § 5 (4) of the Administrative Appointing Act and Section 178 (1) No. 2 of the Code of Civil Procedure shall apply mutagenently to persons admitted as authorized agents in accordance with Section 73 (6) sentences 3 and 4 of the Social Justice Act. These provisions shall also apply to the extent to which provisions are required by administrative authorities of the supply of the victims of war victims. (2) The applicable national legislation on the delivery procedure shall apply to the other authorities. Unofficial table of contents

Section 66 Enforcement

(1) The Administrative Enforcement Act applies to enforcement in favour of the authorities of the Federal Government, of the federal bodies, institutions and foundations of public law. In matters of Section 51 of the Social Court Act, the Social Court is responsible for the order of the replacement detention. The supreme administrative authority may determine that, after hearing the authorities referred to in the first sentence, the supervisory authority shall, for the purposes of enforcement, appoint officers as enforcement officers and other servants who are appropriate for that purpose. This authority must be appointed as a full-education official; professional qualifications are qualified by a qualified professional qualification, participation in a course, including work experience, or equivalent perennial work experience Proof. The supreme administrative authority may also determine that, after hearing the authorities referred to in the first sentence, the supervisory authority shall, for the purposes of the enforcement of claims relating to total social insurance contributions, provide professional staff with appropriate technical assistance
1.
the associations of health insurance companies, or
2.
of a specific health insurance
as executing officers and other competent staff of the above-mentioned associations and health insurance companies as full-education officials may order. The Association of Health Insurance Funds, which is commissioned in accordance with the fourth sentence, shall be entitled to issue administrative acts for the purpose of carrying out the task of enforcement. (2) The first sentence of the first sentence of paragraph 1 shall also apply to enforcement by the administrative authorities of the (3) For the purposes of enforcement in favour of the other authorities, the relevant national provisions shall apply to the administrative enforcement procedure. In the case of national bodies, institutions and foundations of public law, the first sentence of the first sentence of paragraph 1 shall apply accordingly. By way of derogation from the first sentence, the enforcing authorities responsible under national law for the benefit of the country-specific sickness funds, which extend over more than one federal state, shall be enforced in accordance with the provisions of the Administrative Enforcement Act. (4) Enforcement may also take place from an administrative act in the appropriate application of the Code of Civil Procedure. The debtor is to be admonished with a payment period of one week prior to the commencement of execution. The enforceable copy shall be issued by the Head of Government, his or her general representative or any other member of the public service authorised by the supervisory authority at the request of one of the service providers. In the case of the insurance institutions and the Federal Employment Agency, the supervisory authorities shall be replaced by the supervisory authorities in the third sentence.

Second chapter
Protection of social data

First section
Definitions

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Section 67 Definitions

(1) Social data shall be individual information on the personal or factual circumstances of a given or identifiable natural person (person concerned), who shall be informed by a body referred to in § 35 of the First Book in respect of their duties under this Legal code is collected, processed or used. Business and business secrets are all business or business data, including legal entities that have a secret character. (2) Tasks in accordance with this Code are also to the extent to which this Chapter is applied, including:
1.
Tasks on the basis of regulations, the enabling basis of which is in the Social Code,
2.
Tasks based on national and international social security law,
3.
Tasks on the basis of legislation declaring the First and Tenth Book of the Social Security Code to be applicable accordingly, and
4.
Tasks under the Labour Security Act and tasks, insofar as they are assigned by law to the bodies named in § 35 of the First Book. Section 8 (1) sentence 3 of the Labour Security Act remains unaffected.
(3) Automated in the sense of this Code is the collection, processing or use of social data when carried out using data processing equipment (automated processing). A non-automated file is any non-automated collection of social data, which is of the same type and is accessible and can be evaluated according to certain characteristics. (4) (omitted) (5) Raising is the gathering of data on (6) Processing is the storage, modification, transfer, locking and deletion of social data. In particular, irrespective of the procedures used,
1.
Store the collection, recording or storage of social data on a data carrier for the purpose of its further processing or use,
2.
Change the content of stored social data,
3.
Communicate the disclosure of social data stored or obtained by data processing to a third party in such a way that:
a)
the data is passed on to the third party; or
b)
the third party shall view or retrieve data held for inspection or retrieval;
In the sense of this Code is also the announcement of non-stored social data; the sending of social data by a De-Mail message to the respective accredited service providers-to the short-term automated Decryption for the purpose of checking for malicious software and for the purpose of forwarding to the addressee of the De-Mail message-is not a means of transmission,
4.
Block the complete or partial ominy of further processing or use of social data by means of appropriate labelling,
5.
Delete the unmistakenly stored social data.
(7) Any use of social data, in so far as it is not processing, is also of benefit to the transfer within the responsible body. (8) Anonymization is the change of social data in such a way that the individual data on personal data (8a) The replacement of the name is no longer or only with a disproportionately large amount of time, costs and work force can be attributed to a specific or determinable natural person. and other identification characteristics by means of a mark for the purpose of: (9) Responsible body is any person or entity that collects, processes or uses social data for itself, or that makes it possible to do so by others on behalf of the person concerned. If social data is collected, processed or used by a service provider within the meaning of § 12 of the First Book, the responsible body of the service providers is responsible. Where the service provider is a local authority, a responsible body shall be the organisational units which shall carry out a task in accordance with one of the special parts of this Code. (10) Recipient shall be any person or body responsible for: Social data is obtained. The third party is any person or body outside the responsible body. Third parties are not the persons concerned and those persons and entities who work in the territory of the country, in another Member State of the European Union or in another State Party to the Agreement on the European Economic Area Social Data (11) Non-public bodies are natural and legal persons, companies and other persons ' associations of private law, insofar as they are not covered by Section 81 (3). (12) Special types of personal Data are information on racial and ethnic origin, political Opinions, religious or philosophical beliefs, trade union membership, health or sex life.

Second section
Data collection, processing and use

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§ 67a Data collection

(1) The raising of social data by entities referred to in § 35 of the First Book shall be permitted if their knowledge is required to fulfil a task of the significant body under this Code. This also applies to special types of personal data (Section 67 (12)). Information on racial origin may not be collected without the consent of the person concerned, who must explicitly refer to this data. If the consent of the person concerned is provided for by law, it expressly has to refer to special types of personal data (§ 67 para. 12). (2) Social data must be collected by the person concerned. Without their participation, they may only be collected
1.
in the case of the bodies referred to in § 35 of the First Book or in Article 69 (2), if:
a)
these data are authorised for the transmission of the data to the relevant body,
b)
the survey would require a disproportionate effort on the part of the person concerned, and
c)
there is no evidence that the overriding legitimate interests of the person concerned are adversely affected,
2.
in the case of other persons or bodies,
a)
a piece of legislation allows the survey to be carried out or expressly prescribts the transmission to the relevant body, or
b)
aa)
the tasks referred to in this Code of their kind require a survey by other persons or bodies, or
bb)
the survey would require a disproportionate effort in the case of the data subject
and there is no evidence to suggest that the overriding legitimate interests of the person concerned are affected.
(3) Where social data is collected by the person concerned, he shall be informed of the purposes of the collection, processing or use and the identity of the responsible body, unless he has already obtained any other knowledge of the social data. The person concerned shall only be informed of categories of recipients, to the extent that:
1.
in the circumstances of the individual case, he does not have to rely on the use or transmission to that person,
2.
it is not a processing or use within a position referred to in § 35 of the First Book or of an organizational unit within the meaning of § 67 (9) sentence 3; or
3.
it is not a category of entities referred to in § 35 of the First Book or of organisational units within the meaning of Section 67 (9) sentence 3, which are obliged to cooperate closely on the basis of a law.
If social data are collected by the person concerned on the basis of a legal provision which is obliged to provide information, or if the provision of the information is a prerequisite for the granting of legal benefits, the person concerned shall be present and the person concerned shall be informed of the (4) If social data are collected from a non-public body instead of the person concerned, then the data will be provided on the basis of the information provided on the website. Point to the law requiring information, otherwise the voluntary nature of the voluntary service (5) If social data are not collected by the person concerned or in the case referred to in § 35 of the First Book, and the person concerned has no knowledge of this, he is from the storage, the identity of the responsible body, as well as of the purposes of the collection, processing or use. A requirement for information shall not exist where:
1.
the person concerned has already acquired knowledge of the storage or transmission in other ways,
2.
the information of the person concerned requires a disproportionate effort, or
3.
the storage or transmission of the social data is expressly provided for under a law.
The person concerned shall only be informed of categories of recipients, to the extent that:
1.
in the circumstances of the individual case, he does not have to rely on the use or transmission to that person,
2.
it is not a processing or use within a position referred to in § 35 of the First Book or of an organizational unit within the meaning of § 67 (9) sentence 3; or
3.
it is not a category of entities referred to in § 35 of the First Book or of organisational units within the meaning of Section 67 (9) sentence 3, which are obliged to cooperate closely on the basis of a law.
Where a transmission is provided for, the notification shall be made at the latest on the first transmission. The responsible body shall specify in writing the conditions under which the information referred to in the second sentence of the second sentence of paragraph 2 and 3 shall be met. Section 83 (2) to (4) shall apply accordingly. Unofficial table of contents

§ 67b Admissibility of data processing and use

(1) The processing of social data and its use shall be permitted only if the following provisions or any other legislation in this code permit or order it or insofar as the person concerned has consented to it. Section 67a (1) sentences 2 to 4 shall apply in accordance with the proviso that the transmission is permissible without the consent of the person concerned only to the extent that it is data on the health or sex life or the transmission between institutions the statutory pension insurance or between institutions of the statutory pension insurance and their working communities is required to fulfil a statutory task. (2) If the consent is obtained from the person concerned, he shall be informed of the The purpose of the intended processing or use as well as to the consequences of the Refusal of consent to be indicated. The consent of the person concerned shall be effective only if it is based on the free choice of the person concerned. The written form shall be subject to the consent and the notice, unless a different form is appropriate due to special circumstances. If the consent is to be given in writing together with other declarations, the declaration of consent in the external appearance of the declaration must be emphasized. (3) In the field of scientific research, a special circumstance lies in the The second sentence of paragraph 2 shall also apply where the written form of the particular research purpose would be significantly affected. In this case, the reference to the first sentence of paragraph 2 and the reasons which result in the significant impairment of the particular research purpose shall be recorded in writing. (4) Decisions giving rise to a legal consequence for the person concerned shall be taken into account. shall not be solely based on automated processing of social data intended to assess individual personality traits, or may be significantly affected by such processing. Unofficial table of contents

§ 67c Data storage, modification and use

(1) The storage, modification or use of social data by the bodies referred to in § 35 of the First Book is permissible if it is to fulfil the legal tasks within the competence of the responsible body according to this Code is necessary and for the purposes for which the data have been collected. If no survey has been carried out, the data may only be changed or used for the purposes for which they have been stored. (2) The data stored in accordance with paragraph 1 may only be stored, modified by the same place for other purposes. or be used if:
1.
the data required for the performance of tasks under other legislation of this Code are required as those for which they were collected;
2.
the person concerned has given his consent in the individual case, or
3.
it is necessary to carry out a specific project of scientific research or planning in the field of social benefit, and the conditions of section 75 (1) are fulfilled.
(3) A storage, alteration or use for other purposes is not available if it is responsible for the exercise of supervisory, control and disciplinary powers, the auditing of accounts or the conduct of organizational investigations for the responsible authority is required. This also applies to the change or use for training and examination purposes by the responsible body, insofar as there are no overriding legitimate interests of the person concerned. (4) Social data exclusively for the purposes of the Data protection control, data protection or for ensuring the proper operation of a data processing system may only be used for these purposes. (5) For the purposes of scientific research or planning social data collected or stored in the social security sector by the bodies referred to in § 35 of the First Book, only for a specific project of scientific research in the field of social benefit or planning in the benefit area of the social security sector. The social data are to be anonymized as soon as this is possible according to the research or planning purpose. In the meantime, the features must be stored separately, with which individual data can be assigned to a specific or identifiable person via personal or factual circumstances. They may only be merged with the individual data, insofar as the purpose of the research or planning requires this. Unofficial table of contents

Section 67d Basic principles

(1) A transmission of social data is only admissible if a legal transmission power is available in accordance with § § 68 to 77 or according to another law in this code. (2) The responsibility for the admissibility of the transmission The agency shall bear the above point. If the transmission is carried out at the request of the third party to which the data are transmitted, the latter shall be responsible for the accuracy of the information contained in his/her request. (3) Social data which may be transmitted in accordance with paragraph 1 shall be subject to further information. personal data of the person concerned or of a third party is linked in such a way that separation is not possible or is only possible with an undue effort, the transmission of this data is only permissible if the interests of the person concerned are worthy of protection or third parties do not outweigh their secrecy; any change or use of these Data is inadmissible. (4) The transmission of social data on machine-usable data carriers or in the way of data transmission is also permitted via switching centers. § 80 (2) sentence 1, for their obligation to notify § 80 para. 3 and for the processing and use by the switching office § 80 para. 4, applies accordingly to the placing of the order to the exchange. Unofficial table of contents

Section 67e Collection and transmission of measures to combat abuse of services and illegal immigration

In the case of the examination in accordance with § 2 of the Schwarzarbeitsfought Act or § 28p of the Fourth Book, the person under examination may also be asked to ask:
1.
whether and what kind of social benefits under this Code or benefits under the Asylum Seekers Benefits Act refers to and from which body it refers to such benefits,
2.
the health insurance scheme to which she or she is insured, or whether she is self-employed,
3.
whether and what kind of contributions according to this code is abducted and
4.
whether and which foreign workers they employ as comparable German workers with a permit required for their work, and not at less favourable working conditions.
For test purposes, the answers to questions referred to in the first sentence of 1 (1) may be sent to the relevant competent authority and, in accordance with the first sentence, No. 2 to 4, to the relevant catchment body and to the Federal Employment Agency. The addressee shall carry out the examination without delay. Unofficial table of contents

Section 68 Transmission for the tasks of the police authorities, the public prosecutors, courts and the authorities of the security

(1) In order to fulfil the duties of police authorities, prosecutors and courts, security authorities and prisons, on a case-by-case basis, on request, the name, first name, date of birth, place of birth, current address of the The person concerned, his current or future location, name, first name or company and addresses of his current employers shall be transmitted, unless there is reason to believe that this will protect the interests of the affected, and if the request is no longer than six Months ago. In addition, the requested authority shall not be obliged to transmit the information in any way beyond § 4 (3), even if the requesting body can obtain the information in other ways. Sentence 2 shall not apply if the request for mutual assistance is required for the execution of an enforcement pursuant to § 66. (1a) The purpose referred to in Article 7 (2) of the International Family Law Procedure Act shall be admissible within the meaning of Article 7 (2) of the International Family Law Act. (2) On request, the Central Authority shall, on a case-by-case basis, transmit the current residence of the person concerned, provided that there is no reason to believe that the interests of the person concerned are adversely affected by this. Request for delivery shall be decided by the head of the requested authority, (3) A transmission of the social data referred to in the first sentence of paragraph 1, of information relating to the nationality of the State and of the religion, previous addresses of the persons concerned, of names and of the names of persons concerned, Addresses of former employers of the persons concerned, as well as details of cash benefits brought to persons affected or to be provided in the near future, shall be permitted insofar as they are required for the execution of a grid fainting permitted under federal or state law is required. Section 67d (2) sentence 1 shall not apply; § 15 para. 2 sentence 2 and 3 of the Federal Data Protection Act shall apply accordingly. Unofficial table of contents

Section 69 Transmission for the performance of social tasks

(1) The transmission of social data shall be permitted as far as it is necessary
1.
for the performance of the purposes for which they have been collected or for the performance of a statutory task of the transmitting body in accordance with this code, or any such task of the third party to which the data is transmitted, if he or she is a member of the 35 of the first book,
2.
for the implementation of a judicial procedure relating to the performance of a task referred to in paragraph 1, including criminal proceedings, or
3.
for the correction of untrue factual claims of the person concerned in connection with a procedure for the provision of social benefits; the transmission requires the prior authorisation by the competent national authority of the Federal State or the State.
(2) For the performance of a statutory or consequential task resulting from a collective agreement, the bodies referred to in § 35 of the First Book shall be treated as equal
1.
the entities providing benefits under the Burden Balancing Act, the Federal Compensation Act, the Criminal Law Rehabilitation Act, the Professional Rehabilitation Law, the Law on Compensation for Law Enforcement Measures, the The maintenance law, the civil service law and the regulations that refer to the civil service law, the Soldatenpensions Act, the Eligibility And Eligibility Transfer Act, and the regulations of the Länder on the to provide for the provision of services for the benefit of the blind and the provision of care,
2.
the joint bodies of the parties to collective agreements within the meaning of section 4 (2) of the Collective Contract Law, the public service supplementary pension institutions and the public service supplementary pension institutions,
3.
the public service providers, in so far as they have set up child-money-dependent benefits under the pay, supply and tariff law using personal child money data.
(3) The transmission of social data by the Federal Employment Agency to the health insurance companies is permissible insofar as it is necessary to enable the health insurance funds to determine the employers who are responsible for the compensation of employers ' expenses. (4) The sickness funds are empowered to notify an employer of whether the duration of an incapacity for work or a renewed incapacity for work by a worker is based on the same disease; the sickness insurance scheme shall be Transmission of diagnostic data to the employer is not allowed. (5) The The transmission of social data is permissible for the performance of the statutory tasks of the courts of auditors and the other bodies, to which § 67c (3) sentence 1 applies. Unofficial table of contents

Section 70 Transmission for the implementation of occupational safety and health

A transmission of social data shall be permitted insofar as it is necessary for the performance of the statutory tasks of the public authorities responsible for the protection of employment or of the mountain authorities in the performance of the protection of employment and the interests of the person concerned are not adversely affected, or the public interest in the implementation of occupational safety and health is significantly outweighed by the confidentiality of the person concerned. Unofficial table of contents

Section 71 Transmission for the performance of special legal duties and powers of notification

(1) The transmission of social data is permissible insofar as it is necessary for the fulfilment of the legal notification requirements
1.
for the prevention of planned offences in accordance with section 138 of the Criminal Code,
2.
on the protection of public health in accordance with § 8 of the Infection Protection Act of 20 July 2000 (BGBl. 1045),
3.
for securing the tax revenue pursuant to section 22a (4) of the Income Tax Act and § § 93, 97, 105, 111 (1) and (5), § 116 of the German Income Tax Act and Section 32b (3) of the Income Tax Act, insofar as these provisions are directly applicable, and to the Communication of data from foreign companies operating on the basis of bilateral government agreements on the employment of workers for the execution of contracts of employment, in accordance with Section 93a of the Tax Code,
4.
for the granting and examination of the special issue withdrawal in accordance with § 10 of the Income Tax Act,
5.
on the review of the conditions for the recovery of compensation payments and for the performance of housing allowance in accordance with Section 33 of the Housing Act,
6.
on the fight against undeclared work and illegal employment under the Black Labour Law,
7.
for the communication to the Register Authority of facts to be included in the Trade Register,
8.
for the performance of the tasks of the statistical offices of the Länder and of the Federal Statistical Office pursuant to § 3 (1) of the Statistics Register Act for the establishment and management of the statistical register,
9.
to update the operating register in accordance with Section 97 (5) of the Agricultural Statistics Act,
10.
in order to fulfil the tasks of the German Pension Insurance Association as a central body in accordance with § 22a and § 91 (1) sentence 1 of the Income Tax Act, or
11.
for the performance of the tasks of the Deutsche Rentenversicherung Knappschaft-Bahn-See, insofar as it carries out tasks under the Income Tax Act in the case of marginally employed persons.
The provisions of this Code shall not affect the declaration obligations as third party debtors, which provide for the right of enforcement. A transmission of social data is permissible insofar as it is necessary for the performance of the legal obligations for the protection and use of archival material in accordance with § § 2 and 5 of the Federal Archives Act or corresponding statutory provisions of the countries which do not fall below the protection periods of this law. A transmission of social data is also permissible, insofar as it is required, reporting authorities according to § 4a (3) of the Reporting Framework Act on concrete evidence of the inaccuracy or incompleteness of these on the basis of reporting law (2) A transmission of social data of a foreign country is also admissible, as far as it is necessary
1.
on a case-by-case basis, at the request of the authorities responsible for the implementation of the Residence Act, in accordance with Section 87 (1) of the Residence Act, subject to the proviso that the information can only be communicated in accordance with Section 68
a)
for the decision on the stay of the expat or a member of the family of the alien, data on the granting or non-payment of benefits, data on previous and existing insurance policies and the absence of insurance,
b)
for the decision on the stay or on the foreign-law admission or restriction of an employment of the foreigner data on the consent pursuant to § 4 paragraph 2 sentence 3, § 17 sentence 1, § 18 paragraph 2 sentence 1, § 18a paragraph 1, § 19 paragraph 1 Sentence 1 and Article 19a (1) of the Residence Act,
c)
information on whether the conditions laid down in Article 55 (2) (4) of the Residence Act are available for a decision on the stay of the Member State; and
d)
Information on the social security to be expected is provided by the Youth Offices for the decision on the further stay or the termination of the stay of an expat who has a reason for expulsion in accordance with § § 53 to 56 of the Residence Act. Behavior,
2.
for the fulfilment of the notification requirements referred to in § 87 (2) of the Residence Act, or
3.
for the fulfilment of the notice of notification referred to in § 99 (1) (14) (d), (f) and (j) of the Residence Act, if the communication provides for the granting, revocation or restriction of consent pursuant to § 4 (2) sentence 3, § 17 sentence 1, § 18 The first sentence of paragraph 2, Article 18a (1), Article 19 (1), first sentence, and Article 19a (1) of the Residence Act, or of an insurance cover, or the granting of benefits for the purpose of securing the livelihood after the Second Book is concerned.
Data on the health of an outlander may only be transmitted,
1.
if the foreigner is at risk of public health and special protection measures are not possible to exclude the risk or are not complied with by the foreigner, or
2.
in so far as they are necessary for the determination as to whether the conditions of § 55 (2) (4) of the Residence Act are fulfilled.
(2a) The transfer of personal data of a person entitled to benefit in accordance with § 1 of the Asylum Seekers Benefits Act is permissible insofar as it is necessary for the implementation of the Asylum Seekers Benefits Act. (3) A transmission of social data shall also be admissible in so far as it is necessary, at the discretion of a service provider, to enable the supervisor to appoint a supervisor or another measure in caring matters. § 7 of the Supervision Authority Act applies accordingly. Unofficial table of contents

Section 72 Transmission for the protection of internal and external security

(1) The transmission of social data is permissible insofar as it is in the individual case for the lawful performance of those within the competence of the authorities for the protection of the constitution, the Federal Intelligence Service, the Military shielding service and the Federal Criminal Police are required to do so. The transmission is limited to information on the name and first name, as well as earlier names, date of birth, place of birth, current and earlier addresses of the person concerned, and names and addresses of his current and former employers. (2) About The requirement for the transfer request shall be determined by a representative appointed by the head of the requesting body, who shall have the competence to the judge's office or who shall meet the requirements of § 110 of the German Judges Act. If a supreme federal or state authority is responsible for oversight of the applicant body, it shall be informed of the requests for transmission. The requested authority shall decide on the request for transmission by the head of the authority or his/her general deputy. Unofficial table of contents

Section 73 Transfer for the conduct of criminal proceedings

(1) The transmission of social data shall be admissible in so far as it is necessary for the conduct of criminal proceedings for a crime or for any other offence of considerable importance. (2) A transmission of social data to the The conduct of criminal proceedings for any other offence shall be admissible in so far as the transmission to the information referred to in § 72 (1) sentence 2 and the information on cash benefits provided or to be provided in the near future is limited. (3) The Transmission in accordance with paragraphs 1 and 2 shall be arranged by the judge. Unofficial table of contents

Section 74 Transmission in the event of a breach of the maintenance obligation and in the case of supply compensation

(1) The transmission of social data shall be permitted as far as it is necessary
1.
for the implementation of
a)
a judicial or enforcement proceedings for a statutory or contractual maintenance claim or a substitute claim which has been made to his or her body; or
b)
a procedure for the compensation of benefits under Section 220 of the Law on the Procedure in Family Matters and in the Matters of Voluntary Jurisdiction, or
2.
for the enforcement of
a)
a statutory or contractual maintenance claim outside a procedure as referred to in point 1 (a), in so far as the person concerned is subject to the provisions of civil law, in particular in accordance with § 1605 or § 1361 (4) sentence 4, § 1580 sentence 2, § 1615a or § 1615l (3) sentence 1 in conjunction with § 1605 of the Civil Code, for information, or
b)
a compensatory entitlement under the supply compensation outside a procedure as referred to in point 1 (b), in so far as the person concerned is obliged to provide information in accordance with the first sentence of Article 4 (1) of the Supply Equalization Act; or
3.
for the application of the opening clause of § 22 (1) sentence 3 (a), double-letter bb, second sentence, of the Income Tax Act to a pension scheme transferred to the compensatory person in the pension scheme, to the extent that the The countervailing person is obliged to provide information in accordance with Section 22 (1) sentence 3 (a) double letter bb sentence 2 of the Income Tax Act in conjunction with Section 4 (1) of the Supply Compensation Act.
In the cases referred to in points 2 and 3, a transmission shall be admissible only if the party responsible for providing information is obliged, having regard to the powers of transmission included in this book, to the authorities referred to in paragraph 35 of the first book. has not, or has not, been fully complied with within a reasonable period of time. These bodies may transmit the address of the person responsible for providing information for the purpose of reminding them. (2) A transfer of social data by the institutions of the statutory pension insurance scheme and by the institution of the basic insurance for job-seekers is also shall be admissible in so far as they are responsible for the fulfilment of the tasks of the central authority pursuant to § 5 of the German Foreign Maintenance Law (§ 4 of the German Foreign Maintenance Law) and for the achievement of the tasks specified in § § 16 and 17 of the German Foreign Maintenance Law. shall be required. Unofficial table of contents

Section 74a Communication on the enforcement of public-law claims and in enforcement proceedings

(1) In order to enforce public-law claims of at least 500 euros, on a case-by-case basis, on request, the name, first name, date of birth, place of birth, current address of the person concerned, his current or future location may be , as well as the names, first names or companies and addresses of its current employers, unless there is reason to believe that the interests of the person concerned are adversely affected by this, and if the request is no longer than six months ago. In addition, the requested authority shall not be obliged to transmit the information in any way beyond § 4 (3), even if the requesting body can obtain the information in other ways. Sentence 2 shall not apply if the request for mutual assistance is required for the execution of an enforcement pursuant to § 66. (2) In order to carry out an enforcement procedure on which the claims of at least 500 euros are to be executed, the request may be carried out. the institutions of the statutory pension insurance scheme, on a case-by-case basis, at the request of the court enforcer, the current address of the person concerned, his/her current or future location, and the name, first name or company and addresses of his/her , where there is no reason to believe, that the protection of the interests of the person concerned is impaired and that the request is not longer than six months. In addition to the provisions of Section 4 (3), the providers of the statutory pension insurance are not obliged to transmit them even if the requesting body is able to obtain the information in other ways. Transmission shall be permitted only if:
1.
the debtor does not comply with his obligation to charge the property information in accordance with Section 802c of the Code of Civil Procedure,
2.
in the case of enforcement in the assets listed in the property, a full satisfaction of the creditor is not likely to be expected, or
3.
the address or the current or future location of the debtor is not known to the reporting authority, despite a request.
In his request, the bailier has to confirm that these conditions are met. Unofficial table of contents

Section 75 Transmission of social data for research and planning

(1) The transmission of social data shall be permitted, provided that it is necessary for a specific project
1.
scientific research in the field of social benefit or the scientific labour market and occupational research, or
2.
planning in the social service area by a public body within the scope of their tasks
the interests of the person concerned are not affected, or the public interest in research or planning significantly outweighs the confidentiality of the person concerned. A transmission without the consent of the person concerned is not allowed, insofar as it is reasonable to obtain the consent of the person concerned in accordance with § 67b. Information concerning the family and first name, the address, the telephone number and the structural characteristics of the person concerned, which are absolutely necessary for the initiation of a project in accordance with the first sentence, may also be transmitted without any consent for interviews (2) The transfer shall be subject to prior authorisation by the supreme federal or state authority responsible for the area from which the data originate. The supreme federal authority may transfer the approval procedure to the Federal Insurance Office in the case of applications submitted by insurance institutions pursuant to Article 1 (1) sentence 1 of the Fourth Book. Authorisation may not be granted in respect of the protection of social secrecy unless the conditions set out in paragraph 1 are fulfilled. It must:
1.
the third party to which the data are transmitted;
2.
the nature of the social data to be transmitted and the circle of the persons concerned,
3.
scientific research or the planning on which the social data transmitted may be used; and
4.
the date on which the social data transmitted may be kept,
(3) If the transmission of data to non-public authorities is approved, the authorising body shall have the right to designate the competent authority. (4) If the third party to which the data is transmitted is not a member of the European Parliament, the Commission shall ensure that the limits set by paragraph 1 are respected and that the data are only stored, modified or used for the purpose of the transmission. (4) public authority, § 38 of the German Federal Data Protection Act (Bundesdatenschutzgesetz) shall apply with the proviso that the Control can also take place if the data is not automated or is not processed or used in non-automated files. Unofficial table of contents

§ 76 Restriction of the power of transmission in the case of particularly protective social data

(1) The transmission of social data which has been made available to a person named in § 35 of the First Book by a doctor or another person referred to in § 203 (1) and (3) of the Criminal Code shall be subject to the conditions laid down in shall be admissible under which that person himself would be entitled to transfer. (2) Paragraph 1 shall not apply
1.
within the framework of section 69 (1) (1) and (2) for social data, which have been submitted in connection with an assessment for the provision of social benefits or for the issue of a certificate, unless the person concerned of the The person concerned shall be informed in writing by the responsible body at the beginning of the administrative procedure in writing of the right of objection,
2.
within the scope of section 69 (4) and (5) and the third sentence of Article 71 (1),
3.
within the scope of § 94 (2) sentence 2 of the Eleventh Book of the Social Code.
(3) A right of objection does not exist in the cases of Section 279 (5) in conjunction with Section 275 (1) to (3) of the Fifth Book. Unofficial table of contents

§ 77 Transfer to foreign countries and to intermediate or inter-state bodies

(1) The transmission of social data to persons or bodies in other Member States of the European Union or in other States Parties to the Agreement on the European Economic Area or to bodies of the institutions and bodies of the European Union European Communities shall be allowed to:
1.
this is necessary for the performance of a statutory task of the agency referred to in § 35 of the First Book, as referred to in this Code, or for the performance of such a task by foreign bodies, in so far as these tasks are performed, which correspond to those referred to in Article 35 of the First Book,
2.
the conditions laid down in § 69 (1) (3) or (70) or a provision of the Third Book or the Employees ' Transfer Act are fulfilled and the duties of the foreign body correspond to those referred to in those provisions or
3.
the conditions laid down in § 74 are fulfilled and the claims made by the courts or the rights of the consignee are in accordance with the requirements laid down in this provision.
The transmission of social data shall be maintained in so far as it is contrary to the principles set out in Article 6 of the Treaty on European Union. (2) Paragraph 1 shall apply mutatily for the transmission to persons or bodies in a Third country, as well as national or international bodies, where the third country or the national or international body ensures an adequate level of data protection. The adequacy of the level of data protection shall be assessed in the light of all the circumstances which are relevant in the case of a data transfer or a category of data transfers; in particular, the nature of the social data which may be used to the duration of the planned processing, the country of origin and the country of destination, the legal standards applicable to the recipient concerned and the rules and security measures applicable to it. Pending the determination of the Commission of the European Communities, the Federal Insurance Office shall decide whether an adequate level of data protection is ensured. (3) The transfer of social data to persons or bodies abroad or to the provision of social data. or inter-governmental bodies shall also be permitted where:
1.
the person concerned has given his consent,
2.
the transmission takes place in the application of intergovernmental agreements in the field of social security; or
3.
the conditions laid down in § 69 (1) (2) or (73) are fulfilled, the duties of the foreign body correspond to those referred to in those provisions, and the foreign state or the intermediary or intergovernmental body shall be subject to an appropriate The data protection level (paragraph 2) is guaranteed; for the arrangement of a transmission in accordance with § 73, a court is to be granted domesties.The transmission is only admissible if the person concerned has no interest in the exclusion of the transmission.
(4) The third country, or the intermediary or intergovernmental body, does not guarantee an adequate level of data protection (paragraph 2), the transfer of social data to the body in the third country or the via-or intergovernmental body shall also be shall be admissible in so far as the conditions laid down in § 69 (1) (1) and (2), § 70 or a transfer rule are fulfilled in accordance with the Third Book or the Employees ' Transfer Act, and the person concerned does not have a legitimate interest in the exclusion of the (5) The body to which the social data will be transmitted shall be for the purpose of: (6) The Federal Insurance Office shall inform the Federal Ministry of the Interior, via third countries and over-or inter-governmental bodies, which do not have an adequate level of data protection . Unofficial table of contents

Section 78 Purpose and confidentiality of a third party to which data are to be transmitted

(1) Persons or bodies which have not been referred to in § 35 of the First Book and to which social data have been transmitted may only process or use them for the purpose for which they have been given the power to do so. The third parties shall keep the data secret in the same extent as those referred to in § 35 of the First Book. Where social data has been submitted to courts or public prosecutors, such judicial decisions containing social data may be transmitted further if a body referred to in § 35 of the first book is to be sent to the public Third would be empowered. By way of derogation from the third sentence, a transmission in accordance with § 115 of the Federal Civil Service Act and in accordance with provisions referring to this provision shall be permitted. Where social data has been transmitted to police authorities, public prosecutors, courts or authorities, the security data may be used for the purposes of security and for the purposes of the transmission, irrespective of the purpose of the transmission. (2) If data are transferred to a non-public body, the persons employed there who process or use that data shall be provided by this body, at the latest at the time of the (3) to be informed of compliance with the obligations referred to in paragraph 1. In the context of an enforcement procedure in accordance with section 66 of the need for a criminal complaint to be required to protect the enforcement officer, the social data transmitted for the purpose of enforcement may also be used for the purpose of prosecution shall be processed or used as far as is necessary. The same also applies to the clarification of questions in the context of a disciplinary procedure. (4) If social data have been forwarded to courts or public prosecutors for the conduct of a criminal or fine procedure, they may be subject to the conditions laid down in the § § 476, 487 (4) of the Code of Criminal Procedure and § § 49b and 49c (1) of the Act on Administrative Offences are processed or used for purposes of scientific research.

Third Section
Organisational arrangements for the protection of social data, special data processing methods

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Section 78a Technical and organisational measures

The bodies referred to in § 35 of the First Book, which collect, process or use social data themselves or on behalf of social data, shall take the technical and organisational measures, including the service instructions, which are necessary to: To ensure the implementation of the provisions of this Code, in particular the requirements set out in the Annex to this Regulation. Measures shall not be required if their expense is disproportionate to the intended purpose of protection. Unofficial table of contents

§ 78b Data avoidance and data economy

Design and selection of data processing systems have to align themselves with the goal of not collecting, processing or using as little social data as possible. In particular, use is made of the possibilities of anonymization and pseudonymisation, insofar as this is possible and the effort is in an appropriate proportion to the intended protection purpose. Unofficial table of contents

§ 78c Data protection audit

In order to improve data protection and data security, providers of data processing systems and programmes and data processing bodies may be able to develop their data protection concept and their technical facilities by means of independent and authorised data processing systems. Review and evaluate the verifier as well as publish the results of the review. The more detailed requirements for the examination and evaluation, the procedure as well as the selection and approval of the reviewers are governed by special law. The rates 1 and 2 shall not apply to public authorities in the countries other than those of social security institutions and their associations. Unofficial table of contents

Section 79 Establization of automated retrieval procedures

(1) The establishment of an automated procedure, which enables the transmission of social data by retrieval, is central to the federal government as well as with the Deutsche Rentenversicherung Bund between the positions mentioned in § 35 of the First Book and the German Pension Fund. Fulfilment of their tasks pursuant to § 91 (1) sentence 1 of the Income Tax Act and the Deutsche Rentenversicherung Knappschaft-Bahn-See, insofar as it carries out tasks under the Income Tax Act in the case of marginally employed persons, insofar as this is the case Procedures taking into account the legitimate interests of the persons concerned due to the large number of transfers or because of their particular need for urgent action, and where the respective supervisory authorities have authorised the participation of the bodies under their supervision. The same shall apply in relation to the bodies referred to in Article 69 (2) and (3). (1a) The establishment of an automated retrieval procedure for a social security file for agriculture, forestry and horticulture is only available to the institutions of the Statutory pension insurance, the Deutsche Rentenversicherung Bund as a central body for the performance of its tasks pursuant to § 91 (1) sentence 1 of the Income Tax Act, the health insurance funds, the Federal Employment Agency and the Deutsche Post AG, in so far as it is entrusted with the calculation or payment of social benefits; (2) The authorities concerned shall ensure that the admissibility of the retrieval procedure can be checked. To this end they shall specify in writing:
1.
The occasion and purpose of the retrieval procedure,
2.
Third party to which it is sent,
3.
the nature of the data to be transmitted,
4.
technical and organisational measures required in accordance with Article 78a.
(3) In cases where the bodies mentioned in § 35 of the First Book are subject to the control of the Federal Commissioner for Data Protection, the establishment of retrieval procedures shall be the same, otherwise according to national law for the data protection. (4) The responsibility for the admissibility of the individual withdrawal shall be borne by the third party to whom the information is transmitted. The storage body shall examine the admissibility of the calls only if there is reason to do so. At least at each tenth call, it shall record the date of the data retrieved as well as information on the determination of the procedure and of the persons responsible for the retrieval; the data logged shall be no later than six months. to delete. Where a total set of social data is obtained or transmitted (batch processing), the guarantee of the determination and verification shall relate only to the admissibility of the retrieval or the transmission of the total stock. (5) The paragraphs 1 Up to 4 do not apply to the retrieval of data stocks, which are applied with the consent of the persons concerned and which are open to everyone, whether without or after special admission. Unofficial table of contents

§ 80 Collection, processing or use of social data on behalf of

(1) If social data is collected, processed or used on behalf of other bodies, the client is responsible for the compliance with the provisions of this Code and other provisions on data protection. The rights referred to in § § 82 to 84 are to be asserted against him. (2) An order for the collection, processing or use of social data is only permissible if the data protection of the contractor is subject to the nature of the data to be collected. data to be processed or used is sufficient to meet the requirements applicable to the contracting authority. The contract shall be given in writing, specifying in particular the following:
1.
the object and the duration of the contract;
2.
the scope, nature and purpose of the proposed collection, processing or use of data, the nature of the data and the circle of the persons concerned,
3.
the technical and organisational measures to be taken in accordance with Section 78a,
4.
the rectification, erasure and blocking of data,
5.
the existing obligations of the contractor, in particular the checks to be carried out by the contractor,
6.
the eligibility for the justification of subcontracting conditions,
7.
the rights of control of the contracting authority and the corresponding duty and co-action obligations of the Contractor,
8.
Infringements of the provisions relating to the protection of social data or the provisions made on behalf of the contractor or persons employed by the contractor or persons employed by the contractor,
9.
the scope of the authority which the contracting authority reserves vis-à-vis the contractor;
10.
the return of overmade volumes and the deletion of data stored by the contractor on completion of the order.
The contracting authority shall be obliged, if necessary, to give instructions to supplement the technical and organisational measures existing in the case of the contractor. The contracting authority must satisfy itself prior to the start of the data processing and then on a regular basis from the compliance with the technical and organizational measures taken by the contractor. The result is to be documented. The placing of the order to a non-public body shall also require that the contractor has given the adjudicating entity the right in writing,
1.
To obtain information from him,
2.
during the operating or business hours, enter his or her land or business premises and carry out surveys and inspections there; and
3.
to view business documents and the stored social data and data processing programmes;
insofar as it is necessary for the supervision of data protection in the context of the contract. (3) The contracting authority shall have its supervisory authority in good time before the order has been issued
1.
the contractor, the technical and organisational measures and supplementary instructions provided for in the second sentence of the second sentence of paragraph 2;
2.
the nature of the data to be collected, processed or used on behalf of the person concerned, and the circle of the persons concerned,
3.
the task for which the collection, processing or use of the data is to be carried out on behalf of, and
4.
the conclusion of any sub-contract conditions
in writing. If the contractor is a public authority, he shall also have written notice to his supervisory authority. (4) The contractor shall not process or use the social data provided for data processing for other purposes, and no longer save as the client determines in writing. (5) The collection, processing or use of social data on behalf of non-public bodies is only permissible if:
1.
in the case of the contracting authority, disturbances in the course of operations may
2.
the transferred work can be considerably more cost-effective at the contractor and the contract does not include the storage of the entire data base of the contracting authority. The majority of the storage of the entire data collection must be transferred to the contracting authority or to the contractor, who is a public authority, and the data for further data processing on behalf of non-public contractors shall be passed on, remaining.
(6) If the Contractor is a body specified in § 35 of the First Book, § § 85 and 85a of the Federal Data Protection Act applies only to § 4g (2), § 18 (2) and § § 24 to 26 of the Federal Data Protection Act (Bundesdatenschutzgesetz). In the case of the bodies mentioned in § 35 of the First Book, which are not those of the Federal Government, the Federal Commissioner for Data Protection shall be replaced by the Federal Commissioner for Data Protection in so far as it is concerned. Their duties and powers shall be governed by the respective national law. If the contractor is a non-public body, compliance with paragraphs 1 to 5 shall control the supervisory authority competent under national law. In the case of public authorities in countries which are not social insurance institutions or their associations, the national provisions on lists of data processing systems and files used apply. (7) Paragraphs 1, 2, 4 and 6 shall apply. accordingly, if the inspection or maintenance of automated procedures or of data processing equipment is carried out by other bodies on the order, and access to social data cannot be ruled out. In this case, contracts for maintenance work must be communicated to the supervisory authority in good time before the order has been issued; if any disturbances in the course of operations are to be expected or have already occurred, the contract shall be notified immediately.

Fourth Section
Rights of the person concerned, data protection officers and final rules

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§ 81 Rights of the individual, data protection officer

(1) If anyone considers that the collection, processing or use of his personal social data has been infringed on his or her rights, he or she may
1.
apply to the Federal Commissioner for Data Protection if he claims a violation of his rights by a body of the Federal Government named in § 35 of the First Book in the performance of tasks under this Code,
2.
To the authorities responsible under national law for the control of data protection, if he claims the violation of his rights by another body referred to in § 35 of the First Book in the performance of duties under this Code.
(2) In the case of the performance of tasks in accordance with this Code, sections 24 to 26 of the Federal Data Protection Act shall apply to the bodies referred to in § 35 of the First Book. In the case of public authorities of the countries covered by § 35 of the First Book, the Federal Commissioner for Data Protection will be replaced by the Federal Commissioner for Data Protection. Their duties and powers shall be governed by the respective national law. (3) Associations and working groups of the bodies referred to in § 35 of the First Book or of their associations shall apply to the extent that they carry out tasks in accordance with this Code and to the extent that they are subject to they are part of the federal government, without prejudice to their legal form as public authorities of the federal government, if they operate beyond the territory of a country, otherwise as public authorities of the federal states. Other bodies of the bodies referred to in § 35 of the First Book or of their associations shall be deemed to be public bodies of the Federal Government if the absolute majority of the shares or votes of one or more public bodies are awarded to the Federal Government, otherwise, as public authorities in the countries. The data point of the institution of the pension insurance in accordance with § 145 (1) of the Sixth Book is deemed to be the public body of the Federal Government. (4) § § 4f, 4g with the positions mentioned in § 35 of the First Book and the placement offices in accordance with § 67d (4) shall be replaced by the To apply the exception to paragraph 3 and section 18 (2) of the Federal Data Protection Act accordingly. In spatially separate organisational units, it is necessary to ensure that the data protection officer is assisted in the performance of his duties. The rates 1 and 2 shall not apply to public authorities in the countries other than those of social security institutions and their associations. The second sentence of paragraph 2 and the third sentence shall apply accordingly. Unofficial table of contents

Section 82 Compensation

Inserts a body referred to in § 35 of the first book to the person concerned by means of a collection, processing or use of his personal social data, which is illegal or incorrect in accordance with this code of law or in accordance with other provisions on data protection. § 7 of the Bundesdatenschutzgesetz (Federal Data Protection Act) shall apply accordingly. § 8 of the German Federal Data Protection Act applies accordingly to the compensation of the damage in the case of improper or incorrect automated collection, processing or use of personal social data. Unofficial table of contents

§ 83 Information to the person concerned

(1) The person concerned shall be informed, on request, of
1.
the social data stored on his person, including where they relate to the origin of such data;
2.
the recipients or categories of recipients to which data are passed; and
3.
the purpose of storage.
The request is intended to give details of the type of social data on which information is to be provided. If the social data are not automated or are not stored in non-automated files, the information will only be provided in so far as the data subject makes the data available to enable the data to be found and the information provided for the purpose of issuing the information the necessary expenditure shall not be disproportionate to the information interest claimed by the person concerned. The responsible body shall determine the procedure, in particular the form of the exchange of information, at the discretion of the authorities. Section 25 (2) shall apply. (2) For social data which are stored only because they may not be deleted on the basis of statutory, statutory or contractual retention provisions, or for the sole purpose of the Data protection or data protection control shall not apply if paragraph 1 does not apply if an exchange of information would require a disproportionate effort. (3) The exchange of information on the transmission of social data to public prosecutors shall be covered by the information provided. and courts in the field of law enforcement, to police authorities, The Federal Intelligence Service, the Federal Intelligence Service and the Military shielding service, is only permitted with the agreement of these authorities. (4) The exchange of information shall not be allowed to the extent that:
1.
the information would endanger the proper performance of the tasks within the competence of the responsible body,
2.
the information would endanger public safety or would otherwise be detrimental to the good of the federal government or a country; or
3.
the data or the fact of their storage must be kept secret, in accordance with a law or by their nature, in particular on account of the overriding legitimate interests of a third party;
and therefore the interest of the person concerned must rescind the exchange of information. (5) The rejection of the exchange of information does not require any justification, insofar as the communication of the factual and legal reasons to which the decision is based does not require any justification. , which would be jeopardised by the purpose of the refusal to provide information. In this case, the person concerned shall be informed that, if the authorities referred to in § 35 of the First Book are subject to the control of the Federal Commissioner for Data Protection, he or she shall be responsible for the data protection, otherwise to the national law for the control of the Federal Data Protection Officer. (6) If no information is provided to a person entitled to information, the authorities may, in so far as they are concerned with the provisions of Section 35 of the First Book, take control of the Federal Commissioner for Data Protection shall be subject, otherwise, to the competent authorities responsible under national law for the control of data protection. At the request of the persons entitled to the information, check whether the refusal of the exchange of information was legal. (7) The information is free of charge. Unofficial table of contents

Section 83a Information on undue knowledge of social data

If a body referred to in § 35 of the First Book finds that special types of personal data stored by it (§ 67 paragraph 12) are unlawfully transmitted or otherwise unlawfully communicated to third parties and threaten to result in a threat to the serious adverse effects on the rights or the legitimate interests of the persons concerned, it shall immediately inform the supervisory authority competent pursuant to section 90 of the Fourth Book, the competent data protection supervisory authority and the persons concerned . § 42a sentence 2 to 6 of the Federal Data Protection Act shall apply accordingly. Unofficial table of contents

Section 84 Correction, erasure and blocking of data; right of objection

(1) Social data shall be corrected if they are incorrect. If the accuracy of social data is disputed by the data subject and cannot be established either the correctness or the inaccuracy of the data, this does not result in a blocking as far as the performance of social tasks is concerned; the unexplained situation shall be held in a suitable manner. The data disputed may only be used and transmitted with an indication of this. (1a) Section 20 (5) of the Federal Data Protection Act shall apply accordingly. (2) Social data shall be deleted if their storage is inadmissible. They shall also be deleted if their knowledge of the responsible body is no longer necessary for the legitimate performance of the tasks within their competence and there is no reason to believe that the deletion shall be subject to protection by the erasure of the (3) A blocking occurs to the place of deletion, to the extent that:
1.
Contrary to the deletion of statutory, statutory or contractual retention periods,
2.
There is reason to believe that the erasure would affect the interests of the person concerned, or
3.
Deletion due to the special nature of the storage is not possible or is not possible with reasonable effort.
(4) Personal social data may only be transmitted or used without the consent of the person concerned, if:
1.
it is essential for scientific purposes, to remedy an existing burden of proof or for other reasons which are in the overriding interest of the responsible body or for a third party, and
2.
the social data should be transmitted or used for this purpose if they were not blocked.
(5) From the fact that social data is disputed or is no longer disputed, the correction of incorrect data as well as the erasure or blocking for the inadmissibility of the storage are to be understood by the bodies to which, within the framework of a This data has been passed on for storage if this does not require a disproportionate effort and does not conflict with the legitimate interests of the person concerned. (6) Section 71 (1) sentence 3 remains unaffected. Unofficial table of contents

§ 84a Inaliable rights of the person concerned

(1) The rights of the person concerned under this Chapter may not be excluded or limited by legal business. (2) If the data of the person concerned is automated or stored in a non-automated file, and are several places The person concerned may contact each of these posts if he is unable to determine which position the data has been stored. This is obliged to forward the person concerned to the place where the data has been stored. The person concerned shall be informed of the forwarding and the position of the person concerned. Unofficial table of contents

Section 85 Penal rules

(1) Contrary to the law, those who intentionally or negligently act
1.
shall process or use social data in accordance with the first sentence of Article 78 (1) if the act cannot be punished in accordance with paragraph 2 (5),
1a.
Contrary to Article 80 (2), second sentence, an order is not issued correctly, not in full or in the prescribed manner,
1b.
Contrary to § 80 (2) sentence 4, not prior to the beginning of the data processing, it is convinced that the technical and organizational measures taken by the Contractor are complied with,
2.
Contrary to § 80 (4), also in conjunction with Section 67d (4) sentence 2, social data is otherwise processed, used or stored for a longer period of time, or
3.
Contrary to § 81 (4) sentence 1 of this Act in conjunction with Section 4f (1) sentence 1 or 2 of the Federal Data Protection Act, these also in connection with § 4f (1) sentence 3 and 6 of the Federal Data Protection Act, a Data Protection Officer not ordered or not in time.
(2) Contrary to the law, who intentionally or negligently
1.
shall collect or process unauthorised social data which is not generally accessible;
2.
makes unauthorised use of social data available for retrieval by means of automated procedures,
3.
Unauthorised access to social data which is not generally accessible, or which provides itself or another from automated processing or non-automated files,
4.
the transmission of social data, which is not generally accessible, is made difficult by incorrect information,
5.
Contrary to § 67c (5) sentence 1 or section 78 (1) sentence 1, use social data for other purposes by passing them on to third parties or
6.
Contrary to Section 83a, sentence 1, a communication does not make it correct, not complete or not in good time.
In the case referred to in paragraph 1, the administrative offence may be punishable by a fine of up to 50 000 euro, in the cases referred to in paragraph 2, with a fine of up to three hundred thousand euros. The fine is intended to exceed the economic advantage that the offender has pulled out of the administrative offences. If the amounts referred to in the first sentence are not sufficient for this purpose, they may be exceeded. Unofficial table of contents

Section 85a Penal provisions

(1) Those who commit an intentional act, referred to in § 85 (2), for remuneration or in order to enrich themselves or others or to harm another person, shall be punished with imprisonment of up to two years or a fine. (2) The deed will only be pursued on request. The person concerned, the responsible body, the Federal Commissioner for Data Protection, or the responsible national representative for data protection are entitled to apply for the application.

Third chapter
Cooperation between the service providers and their relations with third parties

First section
Cooperation of the service providers with each other and with third parties

First Title
General provisions

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Section 86 Cooperation

The service providers, their associations and the public associations referred to in this Code are obliged to cooperate closely in the performance of their duties under this Code.

Second Title
Cooperation between the service providers

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Section 87 Acceleration of cooperation

(1) If a service provider does not yet determine the amount of the claim to be billed, the requested service provider is already in a position to pay the repayment to another service provider for offsetting with a repayment. , the repayment shall be made no later than within two months of receipt of the settlement request. If, in the opinion of the participating service providers, the repayment exceeds the claims of the applicant service providers, it must be paid out immediately. (2) If a claim to a cash benefit has been transferred to another service provider and if the transfer of benefits is known to both this and the obligated service provider, the obligated service provider shall have the cash benefit at the end of two months from the date on which the payout is at the earliest possible. to be able to pay, if it is not known until that date, The amount of the claim to which the other service provider is entitled. The payment shall have a liberating effect in relation to the other service provider. The second sentence of paragraph 1 shall apply accordingly. Unofficial table of contents

Section 88 Order

(1) A service provider (adjudicating entity) may have the responsibility of another service provider or his association (s) responsible for the performance of his/her duties with the consent of the latter, if this is not the case.
1.
because of the factual relationship between the tasks of the adjudicating entity and the representatives,
2.
to carry out the tasks and
3.
in the well-understood interest of those affected
is appropriate. The first sentence shall not apply in the law of the promotion of training, the welfare of the victims of war, the child's money, the maintenance of maintenance and maintenance payments, the right of residence and the right of youth welfare and social assistance. (2) The order may apply to: Individual cases and similar cases shall be granted. An essential part of the entire scope of the task must remain with the client. (3) Associations may only issue administrative acts, insofar as they are entitled to do so by law or by law. If the association may issue administrative acts, the authority must be made public in the manner prescribed for the official publications of the association and the members. (4) The contracting authority shall have an order for similar cases in the shall be notified in a manner prescribed for its official publications. Unofficial table of contents

Section 89 Execution of the contract

(1) Administrative file issued by the agent responsible for the performance of the contract shall be taken on behalf of the contracting authority. (2) The contract shall not be removed from his responsibility to the person concerned. (3) The agent shall not be responsible for the performance of the contract. (3) (4) The contracting authority is entitled to carry out the execution of the contract. (4) The contracting authority shall be entitled to carry out the execution of the contract. (4) The contracting authority shall be entitled to carry out the contract. (5) The adjudicating entity shall have the right to appoint the authorized representative to his/her To bind the view. Unofficial table of contents

§ 90 Requests and objection on behalf of the contract

The person concerned may also submit applications to the authorized representative. If the participant objects to a decision of the authorized representative and does not assist the agent, the notice of opposition shall issue the appeal body responsible for the client. Unofficial table of contents

Section 91 Repayment of expenses

(1) In the case of a contracting authority, a person responsible for social services shall be obliged to reimburse the contract for a contract. Sach-and services are to be reimbursed in money. There is no obligation to refund insofar as social benefits have been wrongly provided and the agent is responsible for doing so. (2) The costs incurred in the performance of the contract shall be reimbursed. (3) In respect of the expenses required for the performance of the contract, the contracting authority shall pay the agent an appropriate advance on request. (4) Agreements which differ, in particular those concerning: flat-rate refunds, are permitted. Unofficial table of contents

Section 92 Termination of the contract

The contracting authority or the agent may terminate the contract. The termination may only take place at a time which allows the contracting authority to provide for the completion of the task in a timely manner and to ensure that the agent is in an appropriate period of time for the removal of the contract. can be set. If there is an important reason, it can be terminated with immediate effect. Section 88 (4) shall apply accordingly. Unofficial table of contents

Section 93 Legal Order

If a service provider acts on the basis of legal orders for another, § 89 (3) and (5) as well as § 91 (1) and (3) shall apply accordingly. Unofficial table of contents

§ 94 Working groups

(1) The Working Group for Combating Cancer of the Statutory Sickness and Pension Insurance in the Land of North Rhine-Westphalia, the Rheinische Arbeitsgemeinschaft zur Rehabilitation Suchtkranker, die Westfälische Arbeitsgemeinschaft zur Rehabilitation Suchtkranker, the Arbeitsgemeinschaft zur Rehabilitation Suchtkranker im Lande Hessen as well as the working group for home dialysis in the Land of Hesse are entitled to enact administrative acts to fulfil the tasks assigned to them on the 1. (1a) Social insurance institutions, associations of Social security institutions and the Federal Employment Agency, including the other performers referred to in Article 19a (2) of the First Book, may, in particular, be responsible for the mutual information, coordination, coordination and promotion of the Cooperation within the framework of the tasks entrusted to them to form working groups. The Supervisory Authority shall be informed, in good time and in full, before the formation of working groups and of accession to them, that it will have sufficient time to examine them. The supervisory authority may waive the information. (2) Can be formed in accordance with this code of law working groups, which shall be subject to the supervision of law and other law, which shall be subject to the law and the law applicable to the Working groups, the service providers and their associations are relevant; the § § 85, 88, 90 and 90a of the Fourth Book apply accordingly; is a top association of the statutory health insurance funds or the Federal Employment Agency Member of a Working group, the responsible Federal Ministry shall, in coordination with the the supervisory authorities responsible for the other members. In the absence of an area of responsibility within the meaning of Section 90 of the Fourth Book, the supervision of the supreme administrative authorities responsible for social security or the authorities of the country determined by the Land Government by means of a decree law shall be carried out in (3) If necessary, a working group shall be responsible for the transfer of such authorisation to the supreme state authorities. (3) Application of § 67 of the Fourth Book a budget on. (4) § 88 (1) sentence 1 and paragraph 2 shall apply accordingly. Unofficial table of contents

§ 95 Cooperation in planning and research

(1) The bodies referred to in Article 86 shall be:
1.
Plans, which are also important for the purpose of forming and carrying out tasks of the others, in consultation with each other, and
2.
seek common local and local plans within their remit on social services and facilities, in particular their provision and use;
The local authorities and the non-profit and free bodies and organisations are to be involved in particular with regard to the identification of needs. (2) The bodies referred to in Article 86 are to be involved in research projects on the same Coordinate the subject matter. Unofficial table of contents

§ 96 Medical examinations, psychological aptitude tests

(1) If a service provider is responsible for a medical examination or a psychological aptitude examination measure to determine whether the conditions for a social benefit are available, the investigations should be carried out in the manner described above. , and the results of which are recorded in such a way that they can also be used in the examination of the conditions of other social benefits. The scope of the investigative measure shall be determined by the task of the service provider who has led the investigation to be carried out. The findings of the investigation are to be used to determine whether the conditions for a different social benefit are met. (2) By means of agreements, the service providers have to ensure that investigations are not carried out, to the extent that: The results may be evaluated. For the individual case as well as, where possible, for a large number of cases, the service providers have to agree that in the assessment of the conditions for social benefits, the investigations according to uniform and comparable bases, Measurements and procedures are carried out and the results of the investigations are recorded. They may also agree that the scope of the investigative measure shall be based on the tasks of the performers involved; in so far as the investigative measure is hereby extended, the consent of the person concerned shall be required. (3) The formation of a central file of several service providers for data from the beneficiaries is not permitted.

Third Title
Cooperation of the service providers with third parties

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§ 97 Implementation of tasks by third parties

(1) If a service provider, a federation of service providers or a working group can have a third party carry out tasks, it must be ensured that the third party guarantees that the rights and interests of the third party are correct and that the rights and interests of the parties are not Affected truthfully performing the tasks. To the extent that tasks in the field of social security are to be carried out by a third party in which a service provider, an association or a working group is directly or indirectly involved, the service provider, the association, shall have: or the working community to require the third party to submit all the documents to the contracting authority, on request, and to provide information on all facts relating to the exercise of the right of supervision of the contracting entities on the basis of an examination by the of the supervisory authority of the contracting authority. The supervisory authority shall be informed by the service provider, the association or the working group in such a timely and comprehensive manner that it will remain sufficiently time for consideration before the transfer of tasks or a change. The supervisory authority may waive information. The sentences 3 and 4 shall not apply to the Federal Employment Agency. (2) § 89 (3) to (5), § 91 (1) to (3) and § 92 shall apply accordingly. Unofficial table of contents

§ 98 Information to be provided by the employer

(1) In so far as social security, including unemployment insurance, is required in the individual case for the provision of social benefits, the employer shall, at the request of the service provider or the relevant catchment body, provide information. on the type and duration of employment, the place of employment and the pay. On the basis of the payment of contributions, the employer shall, on request, provide information on all the facts necessary for the collection of contributions. At the request of the employer, the employer shall have, during the period of operation after his election, the business books, lists or other documents from which the information on employment will emerge, either in the places where he or she has been appointed, or in his/her own to present their own business premises for inspection. The right to vote in accordance with the third sentence shall not apply if there are special reasons justifying an examination in the business premises of the employer. Sentence 4 shall not apply to public service employers. The sentences 2 to 5 also apply to positions within the meaning of § 28p (6) of the Fourth Book. (1a) Insofar as the institutions of the pension insurance are entitled to review the provisions of Section 28p of the Fourth Book, the obligations laid down in the third sentence of the first sentence of paragraph 1 shall apply in relation to the pension insurance. (2) If the information is required on the basis of the provision of social benefits, the obligation to provide social security benefits shall apply only in individual cases. Section 65 (1) of the First Book accordingly. information for questions whose answer would be to the employer himself or to a person close to him (Section 383 (1) (1) to (3) of the Code of Civil Procedure) to be persecuted for a criminal offence or for an offence of an offence; may be refused; the employer shall be entitled to the posts referred to in the sixth sentence of paragraph 1. (3) With regard to the second and third sentences of paragraph 1 and paragraph 2, an employer shall be equal to the persons who, like an employer, shall contribute to the (4) The Federal Ministry of Labour and the Federal Republic of Germany Social security may, with the consent of the Federal Council, determine the implementation of the participation referred to in paragraph 1 with the consent of the Federal Council. (5) Contrary to the law, who is intentional or reckless
1.
the first sentence of paragraph 1, or
2.
as referred to in the second sentence of the first sentence of paragraph 1 or in the third sentence of the third sentence of paragraph 1, or paragraph 3,
does not provide information, not correct, not complete or not in good time, or does not submit a document, not correct, not complete or not in good time. The administrative offence can be punished with a fine of up to five thousand euros. The rates 1 and 2 do not apply to the service providers if they have to pay contributions to a person insured under the law of an employer as an employer. Unofficial table of contents

§ 99 obligation to provide information for relatives, dependants or any other person

Is in accordance with the law of social security, including unemployment insurance or the right of social compensation
1.
to take into account the income or assets of persons belonging to the beneficiary or other persons in the case of a social benefit or of their reimbursement; or
2.
the allowance or reimbursement depends on the amount of a maintenance claim which is entitled to the beneficiary against a maintenance obligation,
shall apply in accordance with Section 60 (1) (1) and (3) and Section 65 (1) of the First Book accordingly. The same shall apply to the scope of application referred to in the first sentence in those cases in which the person, the former spouse or the heir, is to be used to replace the expenses of the service provider. information for questions whose answer would be to a person who is required to provide information in accordance with the first sentence of the first sentence or the second sentence (Section 383 (1) (1) to (3) of the Code of Civil Procedure) who is liable for the risk of a criminal offence or of a person who is liable for the risk of a crime, or It is possible to refuse to be followed in order to be unduly prosecuted. Unofficial table of contents

§ 100 obligation to provide information to the doctor or to a member of another medical profession

(1) The physician or a member of another medical profession shall be obliged to provide the service provider with information on a case-by-case basis upon request, insofar as it is necessary for the performance of his/her tasks under this Code and
1.
it is permitted by law, or
2.
the person concerned has given his consent in the individual case.
The consent shall be given in writing, unless a different form is appropriate due to special circumstances. The first and second sentences are valid for hospitals as well as for pre-care or rehabilitation institutions. (2) Information on questions, their answers to the doctor, the family of another medical profession or persons closely related to them (§ 383 para. 1 No. 1 to 3 of the Code of Civil Procedure), which would lead to the risk of being persecuted for an offence or for an offence, may be refused. Unofficial table of contents

§ 101 obligation to provide information for the service providers

At the request of a treating physician, the service providers shall be informed of findings which may be of importance for the treatment, provided that the person concerned has consented to the communication in the individual case. Section 100 (1) sentence 2 shall apply accordingly. Unofficial table of contents

Section 101a Notifications by the reporting authorities

(1) The data office of the institution of the pension insurance shall immediately transmit the notifications of all deaths and changes in the address (§ 196 para. 2 of the Sixth Book) to Deutsche Post AG. (2) The notices sent by the data office of the Holders of the pension insurance are transferred to Deutsche Post AG, may be sent by Deutsche Post AG
1.
shall be used only for the purpose of terminating the current cash benefits of the service providers, the authorities referred to in Article 69 (2) and foreign service providers with current cash benefits to the Federal Republic of Germany or to recruit them to the Federal Republic of Germany , as well as to rectify or to arrange for the correction of the addresses of recipients of current cash benefits of the service providers and of the entities referred to in section 69 (2), and in addition to that
2.
shall be forwarded only further to the institutions of the accident insurance, the social security system for agriculture, forestry and horticulture and the supplementary pension schemes referred to in Article 69 (2), to update their insurance holdings, or Allow membership to be held.
(3) The use and transmission of communications shall be carried out
1.
in the general pension insurance within the scope of the statutory contract of Deutsche Post AG in accordance with § 119 (1) sentence 1 of the Sixth Book,
2.
In addition, within the framework of a public service or private-law contract of Deutsche Post AG with the service providers or the bodies referred to in § 69 para. 2.

Second section
Entitlement of the service providers to each other

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Section 102 Claim of the provisionally performing service provider

(1) If a service provider has provided preliminary social benefits on the basis of statutory provisions, the service provider responsible for the performance shall be subject to a refund. (2) The extent of the claim for reimbursement shall be determined by the amount of the claim for the benefit of the service. legislation applicable to the performance of performers. Unofficial table of contents

Section 103 Claim of the service provider whose performance obligation is subsequently eliminated

(1) If a service provider has provided social benefits and the claim to them is subsequently completely or partially omitted, the service provider responsible for the corresponding service shall be subject to the obligation to provide such benefits, insofar as this does not already exist (2) The extent of the claim for reimbursement shall be governed by the legislation applicable to the competent service provider. (3) The provisions of paragraphs 1 and 2 shall apply. to the institutions of social assistance, the victims of war and the youth welfare only from the date on which they were aware that the conditions for their service obligations were met. Unofficial table of contents

Section 104 Claim of the subordinated service provider

(1) If a subordinated service provider has provided social benefits without the conditions of section 103 (1) being fulfilled, the service provider shall be subject to the obligation on which the person entitled has, or had, as a matter of priority, a claim or a claim, if the service provider has not already done so himself, before he has become aware of the performance of the other service provider. A service provider is subordinated to the obligation to the extent that the service provider would not have been obliged to perform the performance obligation of another service provider in the event of a timely fulfilment of the performance obligation. A claim for reimbursement does not exist in so far as the subordinated service provider would have to provide his services even in the case of performance of the priority service provider. The provisions of the first sentence shall apply if the institutions of social assistance, victims of war and the assistance of young people are entitled to application of expenses or a contribution to costs; the third sentence shall not apply in such cases. (2) Paragraph 1 shall also apply if: have been provided by a subordinated service provider for a family of social benefits, and another person, with regard to those relatives, is entitled to social benefits, including, in particular, parts of the service, has, or has had, a priority to be given priority to a service provider. (3) The scope of the claim for reimbursement is based on the legislation applicable to the priority service provider. (4) If a number of top performers are obligated as a priority, the service provider who has provided the social benefit can be Refund only from the service provider for which he has made a liberating effect pursuant to Section 107 (2). Unofficial table of contents

§ 105 Claim of the uncompetent service provider

(1) If a non-competent service provider has provided social benefits without the requirements of section 102 (1), the competent or competent service provider shall be subject to the obligation to provide such benefits as far as this is not already done by itself. before it has become aware of the performance of the other service provider. Section 104 (2) shall apply. (2) The extent of the claim for reimbursement shall be governed by the law applicable to the competent service provider. (3) The provisions of paragraphs 1 and 2 shall apply to the institutions of social assistance, to the victims of war and youth assistance only from the point in time when they were aware that the conditions for their service obligations were met. Unofficial table of contents

§ 106 Rank in the case of several persons entitled to reimbursement

(1) If a service provider is obliged to reimburse several service providers, the claims shall be satisfied in the following order of precedence:
1. (dropped)
2.
the claim of the provisionally performing service provider in accordance with § 102,
3.
the claim of the service provider whose performance obligation is subsequently eliminated, in accordance with § 103,
4.
the claim of the subordinated service provider in accordance with § 104,
5.
the claim of the uncompetent service provider in accordance with § 105.
(2) Meeting the same requirements of service providers shall be met in proportion to them. If several performers make claims in accordance with § 104, they must first satisfy the person who would be entitled to a refund according to § 104 in the ratio of the subordinated service providers. (3) The reimbursable person must be not to reimburse any more than would have to be provided individually in accordance with the refund rules applicable to it. Unofficial table of contents

Section 107 Compliance

(1) In so far as a claim for reimbursement exists, the right of the person entitled to reimbursement shall be deemed to have been fulfilled against the service provider responsible for the performance. (2) If the person entitled to claim has a claim against a number of performers, the claim shall be deemed to have been fulfilled. The institution which has provided the social benefit shall determine. The provision shall be made without delay to the beneficiary and shall be communicated to the other service providers. Unofficial table of contents

Section 108 Repayment in money, interest rate

(1) Sach and services are to be reimbursed in money. (2) A claim for reimbursement of social assistance institutions, war victims and youth assistance is provided by other service providers.
1.
for the duration of the refund period and
2.
for the period following the end of a calendar month after receipt of the complete refund application covering the entire period of the refund to the competent refund subject until the end of the calendar month prior to payment
on request with four out of the hundred. The interest shall begin at the earliest after the expiry of six calendar months after receipt of the full benefit of the person entitled to benefit from the competent service provider, in the absence of an application after the end of a calendar month after the expiry of a calendar month after the date of expiry of the calendar month after Announcement of the decision on performance. § 44 (3) of the First Book shall apply; § 16 of the First Book does not apply. Unofficial table of contents

Section 109 Administrative costs and expenses

Administrative costs shall not be reimbursed. Deposits must be reimbursed on request if they exceed 200 euros in individual cases. With the consent of the Federal Council, the Federal Government may, with the consent of the Federal Council, raise the amount referred to in the second sentence in accordance with the annual increase in the monthly reference quantity in accordance with § 18 of the Fourth Book, and in doing so, to ten euro to the bottom or above. Unofficial table of contents

§ 110 Flat-rate

The service providers shall be subject to a flat-rate deduction of their reimbursement claims, insofar as this is appropriate. If a refund is expected to be less than EUR 50 per individual case, no refund will be made. By way of derogation from the second sentence, the service providers may agree to higher amounts. With the consent of the Federal Council, the Federal Government may, with the consent of the Federal Council, raise the amount referred to in the second sentence in accordance with the annual increase in the monthly reference quantity in accordance with § 18 of the Fourth Book, and in doing so, to ten euro to the bottom or above. Unofficial table of contents

Section 111 Exclusion period

The right to a refund shall be excluded if the person entitled to the refund does not assert him no later than twelve months after the end of the last day for which the benefit was provided. The period shall commence at the earliest with the date on which the person entitled to the refund has become aware of the decision of the service provider subject to the refund of his obligation to pay. Unofficial table of contents

Section 112 Refund

To the extent that a refund has been wrongly paid, the sums paid shall be reimbursed. Unofficial table of contents

§ 113 Statute of limitations

(1) Refund claims shall expire in four years from the end of the calendar year in which the person entitled to reimbursement has become aware of the decision of the service provider subject to the refund on his obligation to pay the refund. In four years after the end of the calendar year in which the refund has been wrongly paid, the refund claims shall be forfeited. (2) The rules of the civil service shall apply to the inhibition, the curtailment, the new beginning and the effect of the limitation period. The legislative book makes sense. Unofficial table of contents

Section 114 Legal Way

The right to claim reimbursement is the same as for entitlement to the allowance. In the case of § 102, the decisive factor is the claim against the leading service provider and in the case of § § 103 to 105 of the claim against the service provider subject to the obligation to pay.

Third Section
Performance and replacement claims of the service providers against third parties

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§ 115 Claims against the employer

(1) In so far as the employer does not fulfil the employee's entitlement to pay for remuneration and has therefore provided social benefits to a service provider, the employee's claim against the employer shall be transferred to the service provider up to the level of the employer's pension. (2) The transition shall not be excluded by the fact that the claim cannot be transferred, pledged or paved. (3) In the case of paragraph 1, in the case of the employee's claims, the transfer shall be replaced by a person's rights to a person's right to benefits in kind. Entitlement to money; the amount shall be determined according to the provisions of § 17 (1) sentence 1 no. 3 of the Fourth Book fixed values of the substantive references. Unofficial table of contents

Section 116 Claims against damages for damages

(1) A claim for compensation for damages based on other statutory provisions shall be applied to the insurance institution or institution of the social assistance, insofar as the latter has to provide social benefits on the basis of the damage event, which benefits the To remedy a damage of the same type and to obtain compensation for the same period as the compensation to be paid by the shepherd. These include:
1.
the contributions to be paid by social services, and
2.
the contributions to health insurance, which would be payable for the duration of the entitlement to sickness benefit, without prejudice to section 224 (1) of the Fifth Book.
(2) If the right to compensation for damage is limited by law, it shall pass to the insurance institution or institution of social assistance, insofar as it is not necessary to compensate for the damage suffered by the injured party or his survivors. (3) If the right to compensation for damage is limited by a co-acting fault or liability of the injured party, the insurance institution or institution of social assistance shall be subject to the provisions of paragraph 1 for an unlimited period of time. Liability exceeding the percentage of the percentage, which is the percentage of the percentage for which the person is liable for replacement. This shall also apply if the replacement claim is limited by law of the amount. The transfer of claims is excluded, insofar as the injured person or his survivors are in need of help in the sense of the provisions of the Twelfth Book. (4) Enforcement of the claims for compensation of a damage actual The enforcement of the claims of the injured party and his survivors shall take precedence over the foregoing claims as referred to in paragraph 1. (5) Where an insurance institution or institution of social assistance has, on the basis of the event of damage, Injured persons or their survivors no higher social benefits , in the cases referred to in the first and second sentences of paragraph 3, the right to compensation shall be paid only in so far as the compensation due is not intended to cover the full damage suffered by the injured party or his survivors. (6) A transition referred to in paragraph 1 shall be excluded in the event of non-intentional damage by members of the family who live in the home of the injured party or his survivors at the time of the event of damage. A substitute claim under paragraph 1 cannot be asserted if the person with the injured person or a survivor has concluded the marriage and lives in the domestic community after the event of the damage event. (7) In so far as the injured person or his survivors receive benefits in respect of a claim for compensation in respect of a claim with a liberating effect against the insurance institution or institution of the social assistance, they shall be entitled to: Insurance institutions or social welfare institutions to reimburse the services provided. If the benefits to the insurance institution or the institution of social assistance have no liberating effect, the person responsible for the compensation and the injured person or his survivors shall be liable to the insurance institution or to the institution of the social assistance as a Total debtors. (8) Subject to paragraphs 2 and 3, where the insurance institution or institution of social assistance does not provide higher benefits, it shall apply in respect of non-hospital medical treatment and care with medical and association means 5. from the hundred of the monthly reference quantity in accordance with § 18 of the Fourth Book (9) The agreement of a lump-sum of the compensation claims is admissible. (10) The Federal Employment Agency and the institutions of the basic insurance for jobseekers in accordance with the Second Book shall be considered as insurance institutions within the meaning of this provision.

Footnote

§ 116 (6) sentence 1: In accordance with the decision formula with the GG, it is consistent with the GG. BVerfGE v. 12.10.2010 I 1718-1 BvL 14/09 Unofficial table of contents

Section 117 Claims for damages of several service providers

If, in individual cases, several service providers have provided social benefits and in the cases of § 116 (2) and (3) are limited to compensation for damages, the service providers are total creditors. They are obliged to compensate each other in proportion to the social benefits they provide. However, in so far as a social benefit is provided solely by a service provider, the substitute claim in the internal relationship shall be limited to this only. The service providers can agree on a different balancing ratio. Unofficial table of contents

Section 118 Binding of the courts

If a court has to decide on a claim under Section 116, it is bound by an indisputable decision that and to what extent the service provider is obligated to perform. Unofficial table of contents

Section 119 Transition of contribution claims

(1) In so far as the claim for damages of a insured person includes the right to reimbursement of contributions to the pension insurance, the insured person shall transfer to the insurance institution if the injured party already has the right to pay for the pension insurance in the event of the damage event Compulsory contribution periods are provided for or are subsequently subject to compulsory insurance; this does not apply to the extent that:
1.
the employer shall pay the remuneration or other benefits subject to the obligation of contribution, or
2.
the right to reimbursement of contributions in accordance with § 116 has been transferred.
Section 116 (3) sentence 1 and 2 shall apply mutaly to the right to reimbursement of contributions to the pension insurance in so far as the contributions to the difference between the remuneration to be replaced in the case of unlimited liability and the amount of the work income and the remuneration of the pension insurance are (2) The insurance institution, on which part of the right to reimbursement of contributions to the pension insurance is transferred in accordance with § 116, shall transmit the facts established by the insurance institution to the Holders of pension insurance on a single registration form. The additional information on the contents of the Meldevordruck and the notification procedure are determined by the top associations of the social insurance institutions. (3) The contributions or contributions received shall be regarded as compulsory contributions in the pension insurance scheme. The transfer of the right to reimbursement of contributions must not make the insured person worse off than he would have been without the claim for damages. (4) The agreement of the severance of claims for the replacement of contributions to the Pension insurance with an amount corresponding to its capital value is permissible on a case-by-case basis. In the case of the first sentence of the first sentence of paragraph 1, § § 60, 61, 65 (1) and (3) as well as § 65a of the First Book are applicable to the obligations of the injured party.

Fourth chapter
Transitional and final provisions

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Section 120 Transitional regime

(1) § § 116 to 119 shall apply only to damage events after 30 June 1983; for earlier claims events, the law applicable until 30 June 1983 shall continue to apply. If the event of damage occurred after 30 June 1983, Section 116 (1) sentence 2 and § 119 (1), (3) and (4) shall apply in the version in force as from 1 January 2001, even if the facts are already in force before that date. (2) § 111 sentence 2 and § 113 (1) sentence 1 are to be applied in the version valid from 1 January 2001 to the refund procedures which have not yet been finally decided on 1 June 2000 (3) In the cases already decided on 1 January 2001, a refund shall be a refund. (4) Surveys, processing or use of social data, which have already begun on 23 May 2001, shall be subject to the provisions of Section 111, sentence 2, in the version already in force as from 1 January 2001. (5) Article 229 (6) (1) to (4) of the Introductory Act to the Civil Code applies accordingly to the application of Section 50 (4) sentence 2 and § § 52 and 113 (paragraph). 2 in the version in force since 1 January 2002. (6) § 66 (1) sentence 3 to 5, para. 2 and 3 sentence 2 in the 30 March 2005 applies only to orders for full-time and full-education officials as of 30 March 2005. Unofficial table of contents

Annex (to § 78a)

If social data is processed or used in an automated manner, the internal or intra-agency organization shall be designed in such a way that it meets the special requirements of data protection. In particular, measures should be taken which are appropriate depending on the nature of the social data or categories of social data to be protected,
1.
to deny unauthorised access to data processing facilities with which social data is processed or used (access control);
2.
to prevent data processing systems from being used by unauthorized persons (access control),
3.
ensure that the persons authorised to use a data processing system are able to access the data subject to their access rights only, and that social data relating to the processing, use and storage of data cannot be read, copied, altered or removed without authorization (access control),
4.
to ensure that social data cannot be read, copied, altered or removed during electronic transmission or during their transport or storage on data carriers, and that a review and verification of the social data shall be carried out the transmission of social data by means of data transmission (handover control) to which bodies are provided for;
5.
to ensure that it is subsequently possible to verify and establish whether and by whom social data have been entered, altered or removed in data processing systems (input control),
6.
to ensure that social data collected, processed or used on behalf of the contract can only be collected, processed or used in accordance with the instructions of the contracting authority (order control),
7.
to ensure that social data is protected against accidental destruction or loss (availability control),
8.
to ensure that social data collected for different purposes can be processed separately.
A measure according to the second sentence of 2 to 4 is in particular the use of encryption methods corresponding to the state of the art.