(1) The market surveillance authorities under section 2(1) to (8) have the powers under Article 14(4) and (5) and Article 16 of Regulation (EU) 2019/1020 and under Regulation (EU) 2024/1689. The powers of the market surveillance authorities under other provisions shall remain unaffected.
(2) When exercising their powers under Article 14(4) and (5) of Regulation (EU) 2019/1020, the market surveillance authorities may call in third persons as administrative assistants (Verwaltungshelfer) to support them, in particular in carrying out technical processes. In addition, the market surveillance authorities may exercise the powers referred to in Article 14(4), points (d) and (j), of Regulation (EU) 2019/1020 through application programming interfaces or other technical means enabling remote access.
(3) The powers under Article 14(4), point (e), of Regulation (EU) 2019/1020 exist during normal operating and business hours; outside those hours, only to prevent imminent dangers to public safety and order. The fundamental right to the inviolability of the home (Article 13 of the Basic Law (Grundgesetz)) is restricted to that extent.
(4) In all other respects, section 7(2) to (4) of the Market Surveillance Act (Marktüberwachungsgesetz) applies mutatis mutandis.
(5) The powers under subsections (1) to (4) do not entitle the competent market surveillance authorities and persons engaged by them to collect or further process data held by public bodies within the meaning of section 2(1) and (2) of the Federal Data Protection Act (Bundesdatenschutzgesetz), in so far as reasons of source protection or of ensuring the confidentiality of classified information within the meaning of section 4(1) of the Security Clearance Check Act (Sicherheitsüberprüfungsgesetz) preclude this. However, the processing of the data referred to by the market surveillance authority is permissible in individual cases where this is necessary for the market surveillance authority to perform its tasks under this Act. In such a case, the market surveillance authority shall take the special confidentiality precautions applicable in each case.
(6) The revenue authorities shall, on request, disclose to the market surveillance authorities without delay data protected under section 30 of the Fiscal Code (Abgabenordnung), where the market surveillance authority provides the revenue authority with reasons showing that the disclosure of the data is necessary for the market surveillance authority to perform its tasks under Regulations (EU) 2024/1689 and (EU) 2019/1020.
(7) An objection or action (Widerspruch und Klage) against decisions under subsections (1) to (4) taken by the market surveillance authorities under section 2(2) of this Act shall have no suspensive effect in so far as the decisions concern an AI system that is a product or a safety component of a product to which section 36(1) of the Radio Equipment Act (Funkanlagengesetz) or section 45(5) of the Medical Devices Implementation Act (Medizinprodukte-Durchführungsgesetz) applies. An objection or action against decisions under subsections (1) to (4), including the threat and imposition of coercive measures, taken by the market surveillance authority under section 2(3) of this Act shall have no suspensive effect.