Data Privacy at PUSCH WAHLIG LEGAL

Information pursuant to Art. 13 / 14 GDPR

 

  1. Introduction:

Data protection, and therefore also the protection of your personal data, that is processed, , is of great importance to us. The processing of data will be conducted in compliance with statutory law (European General Data Protection Regulation – GDPR and German Federal Data Protection Act – FDPA).

The purpose of this note is to inform you about the processing of personal data and your rights in connection with that pursuant to Art. 13 and 14 GDPR. “Personal data” refers to information which relates to an identified or identifiable individual, such as for example name, address and e-mail address. Processing of personal data means dealing with the data in any way, such as using, retaining, destroying or disclosing it.

We need your data in order to commence, carry out or to eventually terminate your employment relationship. We also need it in order to meet our contractual or statutory obligations. Without your data we can neither enter into an employment contract nor fulfill the obligations under an employment contract.

  1. Name and address of the person in charge of data processing

Person in charge of data processing is:

Pusch Wahlig Legal Partnerschaft von Rechtsanwälten

Dorotheenstraße 54

10117 Berlin

Tel: 030 20629530

Email: info@pwlegal.net


You can reach our internal Data Protection Officer at

Frau Dr. Dorothea Crueger-Noll

Dorotheenstraße 54

10117 Berlin

Tel: 030 20629530

Email: dpo@pwlegal.net

 

  1. Categories of personal data, purposes and legal basis for processing

The categories of personal data that we process as well as the purposes and legal basis for processing depends on the relation our firm has with you.

You are a client of  PUSCH WAHLIG LEGAL

If you instruct us as your lawyers, we receive the following information from you:

  • Your name (first and last name)
  • Address
  • Email address
  • Telephone number
  • Information that is necessary to work on your case

Purpose of processing:

We process the data

  • to identify you as our client,
  • to act as your lawyers and represent you as such,
  • to contact you,
  • to invoice our work,
  • to execute the client relationship with you.

The processing of your personal data occurs upon your request and is necessary on the basis of Article 6 (1) b) GDPR for the stated purposes for a professional handling of your case and the performance of  both parties’ obligations under our client agreement.

We furthermore process the data to send you invitations as well as information on legal developments and developments of our firm, provided that you have not objected to this.

The processing is based in these cases on our legitimate interests as a company pursuant to Article 6 (1) f) GDPR.

You are employed by a client of PUSCH WAHLIG LEGAL

If you are employed by a client of our firm, we process the following information:

  • Your name (first and last name)
  • Address
  • Email address
  • Telephone number

Purpose of processing:

We process this data to contact you during the course of the client relationship with your company.

The processing of your personal data is necessary on the basis of Article 6 (1) b) GDPR for a professional handling of the client relationship and the performance of  both parties’ obligations under our client agreement.

We also process the data to send you invitations as well as information on legal developments and developments of our firm, provided that you have not objected to this.

The processing is based in these cases on our legitimate interests as a company pursuant to Article 6 (1) f) GDPR.

D.    Processing on the basis of Art. 6 (1) 1f) GDPR

The processing may be justified in the cases set forth above under C. by our legitimate interests as a law firm, except where such interests are overruled by your interests or fundamental rights and freedoms (Article 6 (1) 1f) GDPR). Where we rely on legitimate interests as the justification for processing, our legitimate interests will be based on Article 12, 14 of the German Basic Law, especially on our interest in the further development of our company and our client relationship.

E.     Processing on the basis of your consent

If we rely on your consent for the processing of personal data you are at all times entitled to withdraw your consent.

Please note that the withdrawal is only effective for the future. It does not retroactively eliminate the lawfulness of the processing prior to the withdrawal.

It is possible that the processing will also be justified on the basis of the legal provisions set forth above.

F.      Transfer of Data

No transfer of your data to third parties will occur for other purposes than those set forth above.

As far as this is necessary for the execution of our client relationship pursuant to Art. 6 (1) 1b) GDPR, personal data may be transferred to third parties.

This includes

  • transfer to opposing parties and their representatives (in particular their lawyers) for the purpose of correspondence as well as pursuing and protecting your rights or the rights of the client, respectively,
  • transfer to courts and administrative authorities for the purpose of correspondence as well as pursuing and protecting your rights or the rights of the client, respectively,
  • transfer to law firms and lawyers in other countries whom we instruct on your behalf.

The transferred data may only be used by such third parties for the purposes stated above

G.     Transfer of Data to other third countries

A transfer of personal data to countries outside of the European Union may occur as far as

  • this is necessary for the execution of our client relationship,
  • there is a statutory obligation,
  • you have given us your consent.

H.    Retention of personal data 

The personal data we obtain for the execution of our client relationship will be retained for the duration of the statutory retention periods for lawyers (6 years after the end of the calendar year during which the client relationship ended) and erased thereafter, unless we are obligated pursuant to Art. 6 (1) 1c) GDPR as part of tax and commercial law retention and documentation obligations (based on the German Commercial Code, German Criminal Code or Tax Codes) to retain such data for linger or you have agreed to a longer retention period pursuant to Art. 6 (1) 1a) GDPR.

After the end of the purpose for which the data was collected or the end of statutory retention periods, we will erase your personal data pursuant to statutory provisions. The same shall apply, if you withdraw your consent unless we are obligated or authorized to save the data.

With the omission of the retention purpose or the expiry of a statutory period of limitation, we will erase your personal data in accordance with statutory law.

I.        Your rights

Pursuant to the GDPR you are entitled to the following rights:

  • Pursuant to Article 15 GDPR you have the right to obtain information on the personal data that is processed.
  • Should the processed data be incorrect or incomplete you can request rectification, Article 16 GDPR.
  • Under the requirements of Article 17 and 18 GDPR you can have the processed data erased or the processing restricted.
  • You have the right to data portability pursuant to Article 20 GDPR subject to the conditions stated therein. That means that you yourself receive the data in a structured, common and machine-readable format and you can also request for the data to be transmitted to a third party, if that is technically possible.
  • Pursuant to Article 21 GDPR you have the right to object to the processing of personal data in cases in which we justify the processing with our legitimate interests. Please observe the separate note at the end of this document.

Regarding your right to information and erasure, the restrictions of Sec. 34 and 35 FDPA apply.

Please contact the controller set forth above under B. if you wish to exercise your rights.

If you wish to receive further information on your rights you may of course also contact our Data Protection Officer at the above-mentioned address.

In addition to the rights mentioned above, you are entitled to file a complaint with the supervisory authority. You may address the supervisory authority at your normal place of residence or workplace or the supervisory authority at one of our firm’s offices.

Information on your right to object pursuant to Art. 21 GDPR

You have the right to object to a processing of your personal data which is based Art. 6 (1) 1f) GDPR (data processing on the basis of legitimate reasons) on grounds relating to your particular situation.

If you object, we will no longer process your personal data, unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims.

Your objection may be exercised without the need to observe any formal requirements and must be sent to:

Pusch Wahlig Legal Partnerschaft von Rechtsanwälten

Dorotheenstraße 54

10117 Berlin

Telefon: 030 20629530

E-Mail: info@pwlegal.net