PROCESSING OF PERSONAL DATA
I. NAME AND ADDRESS OF THE RESPONSIBLE PERSONS
The responsible party according to Art. 4 No. 7 of the EU General Data Protection Regulation (DSGVO) is the law firm and attorney:
AMA • Dr. Anja Mengel Arbeitsrecht
Attorney-at-Law (Rechtsanwältin) Prof. Dr. Anja Mengel
Tel: +49 30 166 340 75-0
Fax: +49 30 166 340 75-9
II. GENERAL INFORMATION ON DATA PROCESSING
Personal data of our users, interested parties, clients, applicants or business partners are only processed by us insofar as this is necessary for the provision of a functional website and our contents as well as for the fulfillment of our contracts and services or due to legal obligations. According to the GDPR, personal data are “any information relating to an identified or identifiable natural person (hereinafter: “data subject”)”. In particular, we process your data on the following legal bases:
Insofar as we obtain the consent of the data subject for processing operations of personal data, Art. 6 1 lit. a GDPR serves as the legal basis.
When processing personal data that is necessary for the performance of a contract to which the data subject is a party, Art. 6 1 lit. b GDPRserves as the legal basis. This also applies to processing operations that are necessary for the performance of pre-contractual measures.
Insofar as processing of personal data is necessary for compliance with a legal obligation to which we are subject, Art. 6 1 lit. c GDPR serves as the legal basis.
In the event that vital interests of the data subject or another natural person make processing of personal data necessary, Art. 6 1 lit. (d) GDPR serves as the legal basis.
If the processing is necessary to protect a legitimate interest of us or a third party and the interests, fundamental rights and freedoms of the data subject do not override the former interest, Art. 6 1 lit. f GDPR serves as the legal basis for the processing.
The personal data of the data subject will be deleted or blocked as soon as the purpose of storage ceases to apply. Storage may take place beyond this if this has been provided for by the European or national legislator in Union regulations, laws or other provisions to which the controller is subject. Data will be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless there is a need for further storage of the data for the conclusion or performance of a contract.
In principle, you are neither legally nor contractually obliged to provide us with your data. However, it may not be possible for us to provide certain services – such as the use of the website – without you providing us with your data. Automated decision-making or profiling within the meaning of Art. 22 GDPR, which has legal effect on you or which may significantly affect you in a similar way, does not take place through us.
We may also process personal data that we receive from clients and have therefore not collected directly from you. This processing is carried out for the duration of the client-lawyer relationship in the overriding legitimate interest of the client-lawyer relationship according to Art. 6 Para. 1 lit. f GDPR and, if applicable, subsequently for the fulfillment of any retention obligations according to Art. 6 Para. 1 lit. c GDPR.
III. PROVISION OF THE WEBSITE AND CREATION OF LOG FILES
Each time our website is accessed, our web server automatically collects data and information from the browser of the calling end device. The following data is collected in this process:
Information about the browser type and version used.
The operating system of the user
The Internet service provider of the users
The IP address of the user
Date and time of access
Websites from which the user’s browser accesses our website
Websites that are accessed by the user’s browser via our website
This data is also stored in the log files of our system. This data is not stored together with other personal data of the user. The temporary storage of the IP address by our web server is necessary to enable the delivery of the website to the end devices of the users. For this purpose, the IP address of the user must remain stored for the duration of the session. For the purposes of system security, the log files are stored for a further 7 days and then deleted.
The legal basis for the temporary storage of the log files is Art. 6 para. 1 lit. 1 lit. f GDPR. In the aforementioned purposes also lies our legitimate interest in data processing according to Art. 6 para. 1 lit. 1 lit. f GDPR.
The legal basis for the processing of personal data using cookies is Art. 6 1 lit. f GDPR. In the aforementioned purposes also lies our legitimate interest in the processing of personal data according to Art. 6 para. 1 lit. f GDPR.
V. CONTACTING US
We enable you to contact us, for example by telephone using the telephone number provided or by sending an e-mail. Information, e.g. name, address, e-mail address, telephone number, provided when contacting us will be stored in order to process the request.
The legal basis for the processing of data transmitted in the course of sending an e-mail is Art. 6 1 lit. f GDPR. The processing of your personal data serves us solely our legitimate interest in processing your contact. If the e-mail contact aims at the conclusion of a contract, the additional legal basis for the processing is Art. 6 1 lit. b GDPR. In the case of an application, the processing is based on Art. 26 (1) BDSG.
The data is deleted as soon as it is no longer required to achieve the purpose for which it was collected. For personal data sent by e-mail, this is generally the case when the respective conversation with you has ended. The conversation is terminated when it can be inferred from the circumstances that the matter in question has been conclusively clarified. All personal data stored in the course of contacting you will be deleted in this case. In the case of an application, we store your messages and documents for 6 months after your application has been rejected.
However, we will continue to store your data if this is still necessary for other purposes, in particular for the assertion, exercise or defense of legal claims or for statutory retention obligations pursuant to § 50 BRAO, § 147 AO and § 257 HGB.
You have the option to object to the further processing of your personal data, provided that the data processing is based on legitimate interests, i.e. no contractual relationship exists, and our legitimate interest does not outweigh yours (see section VII. 6.).
VI. RECIPIENTS OF DATA / PROCESSING IN THIRD COUNTRIES
We partially cooperate with common external service providers (telecommunication and IT service providers) if it is necessary for data transfer and communication related to our services. Otherwise, only persons within our firm have access to personal data that they need for their internal tasks.
Personal user data is only processed in countries outside the European Economic Area (so-called third countries) if this is necessary for the provision of an agreed service.
VII. RIGHTS OF THE DATA SUBJECT
If personal data are processed, the data subjects within the meaning of the GDPR are those who are in any case identifiable from the data. They are entitled to the following rights vis-à-vis the data controller:
RIGHT OF ACCESS (ART. 15 GDPR)
You may request confirmation from the controller as to whether personal data concerning you are being processed by us. If there is such processing, you may request information from the controller about the following:
The purposes for which the personal data are processed;
the categories of personal data which are processed;
the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;
the planned duration of the storage of the personal data concerning you or, if concrete information on this is not possible, criteria for determining the storage period;
the existence of a right to rectification or erasure of the personal data concerning you, a right to restriction of processing by the controller or a right to object to such processing;
the existence of a right of appeal to a supervisory authority;
any available information on the origin of the data, if the personal data are not collected from the data subject;
the existence of automated decision-making, including profiling, pursuant to Article 22 (1) and (4) of the GDPR and, at least in these cases, meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.
You also have the right to request information about whether the personal data concerning you is transferred to a third country or to an international organization. In this context, you may request to be informed about the appropriate safeguards pursuant to Article 46 of the GDPR in connection with the transfer.
RIGHT OF RECTIFICATION (ART. 16 GDPR)
You have a right to rectification and/or completion vis-à-vis the controller if the personal data processed concerning you are inaccurate or incomplete. The controller shall carry out the rectification without undue delay.
RIGHT TO ERASURE (ART. 17 GDPR)
Obligation to erase
You may request the controller to erase the personal data concerning you without undue delay, and the controller is obliged to erase such data without undue delay, if one of the following reasons applies:
Personal concerning you are no longer necessary for the purposes for which they were collected or otherwise processed.
You withdraw your consent on which the processing was based pursuant to Art. 6 Abs. 1 lit. a or Art. 9 2 lit. a GDPR and there is no other legal basis for the processing.
You object to the processing pursuant to Art. 21 Abs. (1) GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21 Abs. (2) GDPR.
The personal data concerning you has been processed unlawfully.
The erasure of the personal data concerning you is necessary for compliance with a legal obligation under Union or Member State law to which the controller is subject.
The personal data concerning you has been collected in relation to information society services offered pursuant to Article 8 1 of the GDPR.
If the controller has made the personal data concerning you public and is obliged to erase it pursuant to Art. 17 Abs. (1) of the GDPR, it shall take reasonable steps, including technical measures, having regard to the available technology and the cost of implementation, to inform data controllers which process the personal data that you, as the data subject, have requested that they erase all links to or copies or replications of such personal data.
The right to erasure does not exist insofar as the processing is necessary:
for the exercise of the right to freedom of expression and information;
for compliance with a legal obligation which requires processing under Union or Member State law to which the controller is subject, or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
for reasons of public interest in the area of public health pursuant to Art. 9 2 lit. (h) and (i) and Art. 9 (3) GDPR;
for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes pursuant to Art. 89 Abs. (1) GDPR insofar as the right referred to under erasure is likely to render impossible or seriously prejudice the achievement of the purposes of such processing; or
for the assertion, exercise or defense of legal claims.
RIGHT TO RESTRICTION OF PROCESSING (ART. 18 GDPR)
You may request the restriction of the processing of personal data concerning you under the following conditions:
if you contest the accuracy of the personal data concerning you for a period enabling the controller to verify the accuracy of the personal data;
the processing is unlawful and you object to the erasure of the personal data and request instead the restriction of the use of the personal data;
the controller no longer needs the personal data for the purposes of processing, but you need them for the establishment, exercise or defense of legal claims; or
if you have objected to the processing pursuant to Article 21 (1) GDPR and it has not yet been determined whether the legitimate grounds of the controller outweigh your grounds.
If the processing of personal data concerning you has been restricted, such data may – apart from being stored – only be processed with your consent or for the assertion, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or a Member State. If the restriction of processing is lifted according to the above conditions, you will be informed by the controller before the restriction is lifted.
RIGHT TO DATA PORTABILITY (ART. 20 GDP)
You have the right to receive your personal data that you have provided to us on the basis of consent or for the performance of a contract in a structured, common and machine-readable format or to request that it be transferred to another controller.
RIGHT OF OBJECTION (ART. 21 GDPR)
You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out on the basis of Article 6 1 lit. (e) or (f) GDPR; this also applies to profiling based on these provisions.
The controller shall no longer process the personal data concerning you unless it can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, in particular where the processing serves the purpose of asserting, exercising or defending legal claims.
If the personal data concerning you is processed for the purposes of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purposes of such marketing. If you object to the processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.
RIGHT TO REVOKE YOUR DATA PROTECTION CONSENT (ART. 7 PARA. 3 GDPR)
You have the right to revoke your declaration of consent under data protection law at any time. The revocation of the consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.
RIGHT OF COMPLAINT TO A SUPERVISORY AUTHORITY (ART. 77 GDPR)
You have the right to complain to a supervisory authority. For this purpose, you can contact the supervisory authority of your place of residence or workplace or the supervisory authority responsible for us.Websites that are called up by the user’s browser via our website This data is also stored in the log files of our system. This data is not stored together with other personal data of the user. The temporary storage of the IP address by our web server is necessary to enable the delivery of the website to the end devices of the users. For this purpose, the IP address of the user must remain stored for the duration of the session. For the purposes of system security, the log files are stored for a further 7 days and then deleted.The legal basis for the temporary storage of the log files is Art. 6 para. 1 lit. f DSGVO. In the aforementioned purposes also lies our legitimate interest in data processing according to Art. 6 para. 1 lit. f DSGVO.