Data Protection Monitor
Global Privacy & Data Protection Intelligence

Germany (DE) · Module Detail

Germany: Data Subject Rights

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Directly-applicable EU rights regime with detailed, current BfDI operational guidance; only narrow, well-defined statutory exceptions exist.

Primary frameworkGDPR Articles 12-22, as narrowed by BDSG §§35-36
Supervisory authorityBfDI
Traffic-light rationale — GreenDirectly-applicable EU rights regime with detailed, current BfDI operational guidance; only narrow, well-defined statutory exceptions exist.

Sub-modules (5)

Access RightGreen

Art 15 GDPR access right is free of charge save for manifestly unfounded/excessive requests.

Claims (1):

  • GDPR Article 15 access right is free of charge save for manifestly unfounded or excessive requests.

Rectification And ErasureGreen

Erasure right applies subject to §35 BDSG statutory exceptions.

Claims (1):

  • §35 BDSG carves out narrow national exceptions to the GDPR Art 17 erasure right.

Restriction And ObjectionGreen

Restriction (Art 18) and objection (Art 21, narrowed by §36 BDSG) rights are operative.

Claims (2):

  • GDPR Article 18 restriction right is operative and directly applicable in Germany.
  • §36 BDSG narrows the GDPR Art 21 objection right via national statutory exception.

Data PortabilityGreen

Portability right (Art 20) does not apply to processing necessary for a public-interest task.

Claims (1):

  • GDPR Article 20 data portability right does not apply to processing necessary for the performance of a task carried out in the public interest.

Deadlines And Response WindowsGreen

One-month response window, extendable by up to two further months for complex/numerous requests, with reasons communicated within the first month.

Claims (1):

  • GDPR Article 12(3) response deadline sets a one-month response window, extendable by up to two further months for complex or numerous requests, with reasons communicated within the first month.

Key findings (3)

  • — source on file
  • — source on file
  • — source on file
Category narrative44 words

The full GDPR rights catalogue (access, rectification, erasure, restriction, objection, portability) applies directly, with BfDI publishing detailed procedural guidance (e.g., on Art 15 access-request handling, one-month response deadlines, and identity-verification practice). BDSG carves out narrow national exceptions to erasure (§35) and objection (§36) rights.

no periodic updates on record for this sub-brief

Sources and claims (6)
  1. ProbableBfDI — GDPR Article 15 access right is free of charge save for manifestly unfounded or excessive requests.observed
  2. ProbableBfDI — §35 BDSG carves out narrow national exceptions to the GDPR Art 17 erasure right.observed
  3. ProbableBfDI — GDPR Article 18 restriction right is operative and directly applicable in Germany.observed
  4. ProbableBfDI — §36 BDSG narrows the GDPR Art 21 objection right via national statutory exception.observed
  5. ProbableBfDI — GDPR Article 20 data portability right does not apply to processing necessary for the performance of a task carried out in the public interest.observed
  6. ProbableBfDI — GDPR Article 12(3) response deadline sets a one-month response window, extendable by up to two further months for complex or numerous requests, with reasons communicated within the first month.observed