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Public Agency

What does Public Agency?

Public bodies are the administrative authorities, the judicial bodies, and other institutions organized under public law of the federal government, entities directly subordinate to the federal government, public-law institutions and foundations, as well as their associations, regardless of their legal form (Section 2(1) BDSG). Public bodies of the states are the authorities, the organs of the judiciary, and other institutions organized under public law of a state, a municipality, a municipal association, or other legal entities under public law subject to state supervision, as well as their associations, regardless of their legal form (Section 2(2) BDSG). Associations under private law formed by federal and state public bodies that perform public administrative functions are considered federal public bodies—regardless of the participation of non-public bodies—if they operate beyond the territory of a single state, or if the federal government holds an absolute majority of the shares or is entitled to an absolute majority of the votes. Otherwise, they are considered public bodies of the states (Section 2(3) BDSG). If a non- public agency Since it performs sovereign functions of public administration, it is, in this respect, public agency within the meaning of this Act (Section 2(4), second sentence, of the Federal Data Protection Act (BDSG)).

Practical example

In day-to-day business Public Agency important role, for example when it comes to protection and legally compliant Processing of personal data.