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Details pursuant to Section 5 German Telemedia Law (TMG), Mandatory Services Information

 

Provider:

kipper+durth Rechtsanwälte GbR

 

Head office
Rundeturmstraße 12
64283 Darmstadt

 

Subsidiary
Kaiserhofstraße 5
60313 Frankfurt am Main

 

phone +49-6151-50130-0
fax +49-6151-50130-20

 

mobile +49-177-5730942 (Mr. Kipper)
mobile +49-160-7844214 (Mr. Durth)
mobile +49-179-7517564 (Ms. Schott)

 

E-Mail: info@strafverteidigerkanzlei.de
Website: www.strafverteidigerkanzlei.de

 

Dr. Oliver Kipper, Dr. Hanno Durth und Stefanie Schott are licensed lawyers under German law and member of the Bar Association Frankfurt am Main, Bockenheimer Anlage 36, 60322 Frankfurt am Main/Germany.

 

As lawyers, they work under the professional codes of conduct, including in particular the Federal Lawyer Regulations (BRAO), the Lawyer Remuneration Law (RVG) and the Regulations of the German Federal Bar Association (BORA).

 

kipper+durth has the following certified specialist lawyers:

  • Certified lawyer for criminal law (Dr. Oliver Kipper, Dr. Hanno Durth, Stefanie Schott)
  • Certified lawyer for tax law (Stefanie Schott)

 

As such, they are subject to the Certified Specialized Attorney Regulation (FAO). These regulations can be viewed in the version as amended on the website of the German Federal Bar Association.

 

Supervisory authorities:
Bar Association Frankfurt am Main
Bockenheimer Anlage 36
60322 Frankfurt am Main
phone +49-69-170098-01
fax: +49-69-170098-50
E-Mail: info@rechtsanwaltskammer-ffm.de

 

VAT ID No.: DE 251921848

 

Professional liability insurance:
The Lawyers have professional liability insurance with:

 

Dr. Oliver Kipper
HV-SV 71722546.5-00119-0088
ERGO Versicherung AG
Viktoriaplatz 1, 40198 Düsseldorf

 

Dr. Hanno Durth
HV-SV 72492205.8-00938-0547
ERGO Versicherung AG
Viktoriaplatz 1, 40198 Düsseldorf

 

Stefanie Schott:
GAF70-005956631/6018
HDI Versicherung AG
HDI-Platz 1, 30659 Hannover

 

Responsible for the editorial content according to § 55 Abs. 2 RStV:
Rechtsanwalt Dr. Oliver Kipper, Rundeturmstraße 12, 64283 Darmstadt

 

Liability and Usage:

The content on the web pages is only for general information and not for legal advice in specific cases. We make every effort to ensure the correctness and up-to-dateness of all information and data contained on the website in accordance with § 7 Abs.1 TMG. However, no guarantee is assumed for the correctness, completeness, topicality or quality of the provided information and data according to §§ 8 to 10 TMG. The liability for the content of the retrievable information is excluded, as far as it is not deliberate or grossly negligent misinformation. Obligations to remove or block the use of information according to general laws remain unaffected. Liability in this regard, however, is only possible from the time of knowledge of a specific infringement. We will remove these contents immediately (notice-and-take-down procedure) if we become aware of any such legal violations.
kipper+durth expressly reserves the right to change, amend, or delete parts of the pages or the entire offer, which can be called up at http://www.strafverteidigerkanzlei.de, without notice, or to temporarily or permanently terminate the publication.

 

Online dispute resolution platform and consumer dispute resolution:
The European Commission provides a platform for online dispute resolution that can be found under http://ec.europa.eu/consumers/odr/. kipper+durth does not take part in dispute resolution before consumer dispute resolution bodies.

 

Information on the participation in the dispute settlement procedure pursuant to §§ 36, 37 Verbraucherstreitbeilegungsgesetz (German Consumer alternative dispute resolution law):
Otherwise, in the event of legal disputes with consumers, the consignment service the Arbitration office of the advocacy, Rauchstraße 26, D-10787 Berlin, http://www.schlichtungsstelle-der-rechtsanwaltschaft.de/, would be responsible for property disputes arising from the client-attorney-relationship. We expressly point out that we are neither obliged nor willing to participate in a dispute settlement procedure for legal disputes with consumers in front of a consumer arbitration service.

 

Links on this website:
This website and all its individual texts and illustrations are protected by copyright. Any utilisation beyond the boundaries of the copyright law without the provider’s consent is illicit and punishable by law. This applies particularly to duplications, translations, microfilming and storage in electronic systems. Some of the pictures on the kipper+durth website are subject to the copyrights of those who provided the pictures.

 

Copyrights and ancillary copyrights:
This website and all its individual texts and illustrations are protected by copyright. Any utilisation beyond the boundaries of the copyright law without the provider’s consent is illicit and punishable by law. This applies particularly to duplications, translations, microfilming and storage in electronic systems. Some of the pictures on the kipper+durth website are subject to the copyrights of those who provided the pictures.

 

Note on applicable law:
We provide our Internet offer from our registered office in the Federal Republic of Germany in accordance with German law, with the exception of the provisions of international private law and the UN purchase law, unless otherwise stipulated by law. To this extent, for example, mandatory consumer rights under foreign law remain unaffected by contracts with consumers who are based outside the Federal Republic of Germany.

 

Severability clause:
These notes are part of our Internet offer. If sections or individual terms of this statement are not legal or correct, the content or validity of the other parts remain uninfluenced by this fact.

 

 

Privacy disclaimer of kipper+durth

 

1. Name and address of the controller

The controller in the sense of the General Data Protection Regulation (GDPR), of the data protection regulations applicable in the member states of European Union and of other regulations with provision relating to the protection of personal data is:

 

kipper+durth Rechtsanwälte GbR

 

Head office
Rundeturmstraße 12
64283 Darmstadt

 

Subsidiary
Kaiserhofstraße 5
60313 Frankfurt am Main

 

phone +49-6151-50130-0
fax +49-6151-50130-20

 

E-Mail: info@strafverteidigerkanzlei.de
Website: www.strafverteidigerkanzlei.de

 

2. Name and address of the data protection officer

With regard to the present legal situation, according to Sec. 38 Para. 1 German Data Protection Act (BDSG) we are not obliged to appoint a data protection officer.

If you have any questions regarding this Privacy Disclaimer or data protection related issues in general please contact our partners Dr. Oliver Kipper, Dr. Hanno Durth and Stefanie Schott.

 

3. Definitions

The data protection information of kipper+durth Rechtsanwälte GbR (hereinafter also termed kipper+durth) is based on the definitions which have been used by the European directive and order issuing office in formulating the General Data Protection Regulation (GDPR). The data protection information of kipper+durth should be easily read and understood not only by the general public but also by our customers and business partners. In order to ensure this, we would like to clarify in advance the definitions used.

In this data protection information and on our website, we use – amongst others – the following terms:

 

3.1 Personal data

Personal data is any information relating to an identified or identifiable natural person (hereafter “data subject”). Defined as identifiable is a natural person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

 

3.2 Data subject

Data subject is each identified or identifiable natural person, whose personal data is processed by the controller for the processing.

 

3.3 Processing

Processing means any operation or set of operations which is carried out in connection with personal data – whether or not by automated means – such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

 

3.4 Restricting of the processing

Restricting of the processing is the marking of personal data as stored with the objective of restricting its processing in the future.

 

3.5 Profiling

Profiling is each type of the automated processing of personal data, which consists of this personal data being used to permit particular personal aspects relating to a particular natural person, and here in particular aspects in respect of work performance, economic situation, health, personal likes, interests, reliability, behaviour, place of residence or change of place of residence of this natural person to be evaluated, analysed or forecast.

 

3.6 Pseudonymization

Pseudonymization is the processing of personal data in such a way that the personal data can no longer be assigned to a specific data subject without the use of additional information, in so far as this additional information is kept in a special way and subjected to technical and organizational measures which ensure that the personal data cannot be assigned to an identified or identifiable natural person.

 

3.7 Controller or party responsible for the processing

Controller or party responsible for the processing (hereafter controller) is the natural person or legal entity, authority, institution or other post, which alone or together with others decides on the purposes and means of the processing of personal data. If the purposes and means of the processing are laid down in European Union legislation or the legislation of the member states, then the controller or the particular criteria of the appointment of this controller in accordance with European Union legislation or the legislation of the member states can be provided.

 

3.8 Processor

Processor is a natural person or legal entity, authority, institution or other post, which processes the personal data on the instructions of the controller.

 

3.9 Recipient

Recipient is a natural person or legal entity, authority, institution or other post to which personal data are disclosed regardless of whether this is a third party or not. However, authorities, which receive within the framework of a particular investigation order in accordance with European Union legislation or the legislation of the member states data which possibly may be/contain personal data, do not hold good as recipients.

 

3.10 Third party

Third party is a natural person or legal entity, authority, institution or other post with the exception of the data subject, the controller, the order processor and those persons which are authorized under the direct responsibility of the controller or of the order processor to process the personal data.

 

3.11 Consent

Consent is each declaration of will given voluntarily by the data subject for the definite case in an informed and unambiguous manner in the form of a declaration or other unambiguous confirmatory action, with which the data subject makes clear that he/she agrees to the processing of personal data relating to himself/herself.

 

4. General information on data processing

Data protection, data security and data secrecy hold high priority for kipper+durth. The durable protection of your personal data, of your company data and of your business secrets is especially important for us.

You can always visit our website without making statements on your person. However, if you wish to make use of the services of our company, then this makes the stating of personal data necessary. As a rule we use the data that you communicate and that is collected by the website as well as the data stored in the course of the use solely for our own purposes, namely for the execution and making available of our website and the initiation, execution and progressing of the services/offers made available via the website (contract fulfilment) and do not pass this data on to external third parties in so far as there is not an official obligation to do this. In all other cases we obtain your special agreement.

The processing of your personal data is carried out in conformity with the requirements of the General Data Protection Regulation and in conformity with the country-specific data protection regulations holding good for kipper+durth. With the aid of this data protection information we wish to inform you on the nature, scope and purpose of the personal data processed by ourselves. In addition, we clarify for you with the aid of this data protection information the rights to which you are entitled.

kipper+durth has realized technical and organizational measures in order to ensure an appropriate level of protection of the personal data processed via this website. Nevertheless, fundamentally Internet-based data transmissions can have security loopholes so that absolute protection cannot be guaranteed.

 

5. Legal fundamentals, purposes of the processing and duration of the storage

5.1 General statements on the legal fundamentals

Article 6 Para. 1 lit. a EU General Data Protection Regulation (EU GDPR) serves as the foundation for the processing of personal data in so far as we obtain the consent of the data subject for the processing of personal data.

Article 6 Para. 1 lit. b GDPR serves as the legal foundation for the processing of personal data which is necessary for the fulfilment of a contract if the data subject is party to this contract. This also holds good for processing processes which are necessary for the execution of pre-contractual measures.

Article 6 Para. 1 lit. c GDPR serves as the legal foundation in so far as processing of personal data is necessary for the fulfilment of a legal obligation.

Article 6 Para. 1 lit. d GDPR serves as the legal foundation for the situation that vital interests of the data subject or another natural person make the processing of personal data necessary.

Article 6 Para. 1 lit. f GDPR serves as the legal foundation for the situation that processing is necessary for ensuring a legitimate interest of our company or of a third party and if the interests, fundamental rights and fundamental freedoms of the data subject do not exceed the first named interest.

 

5.2 General statements on deletion of data and duration of storing

The personal data of the data subject are deleted or disabled as soon as the purpose for which the data was stored lapses. In addition, storage can take place if this was stipulated by the European or national legislatures in orders, laws or other regulations in accordance with European Union law to which the controller is subject. Disabling or deletion of the data is also carried out if a storage period prescribed by the standards as named expires unless there is a necessity for the continued storage of the data for the concluding or fulfilling of a contract.

 

6. Collecting of general data and information

The website of kipper+durth collects a range of general data and information each time the website is called by a data subject or an automated system. This general data and information is stored in the log files of the server. Able to be collected are: (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website, from which an accessing system reaches our website (so-called referrer), (4) the sub-websites, which are steered to on our website via an accessing system, (5) the date and time of an access to the website, (6) an Internet-protocol-address (IP-address), (7) the Internet service provider of the accessing system and (8) other similar data and information, which serve the warding off of hazards in the case of attacks to our IT systems.

In using this general data and information kipper+durth draws no conclusions about the data subject. Much more is this information needed (1) to be able to deliver out the content of our website correctly, (2) to permit the optimization of the content of our website and of the advertising for this, (3) to ensure the durable functionality of our IT systems and of the technology of our website and (4) to be able to make available to the law enforcement authorities the information necessary for criminal prosecution in the case of a cyber attack. This anonymously collected data and information is evaluated by kipper+durth on the one hand statistically and on the other hand with the objective of increasing the data protection and the data security in our company in order finally to ensure an optimal level of protection for the personal data processed by ourselves. The anonymous data of the server-logfiles are stored separately from all the personal data stated by a data subject.

 

Legal foundation

Storage purpose

Storage duration

Objection / opportunity for elimination

Article 6 Para. 1 lit. f GDPR

(legitimate interest)

The temporary storing of the IP-address by the system is necessary to permit the delivery of the website to the computer of the user. For this the IP-address of the user must remain stored for the duration of the session.

The data is deleted as soon as it is no longer necessary for achieving the purpose of their collection. This is the case when the particular session has ended in situations where the data is collected for making the website available.

This is the case at the latest seven days after the time when the data was stored in log files. More extensive storing is possible. In this case the IP-addresses of the users are deleted or distorted so that an assignment of the client calling in is no longer possible.

No because the data is essential for operating of the website

 

7. E-mail contact

It is possible to contact us via the e-mail addresses or the contact form provided. In this case, the personal data of the user transmitted with the e-mail will be stored.

In this connection no data is passed on to third parties. The data is used exclusively for the processing of the conversation and will immediately be deleted if it is no longer needed.

 

Legal foundation

Storage purpose

Storage duration

Objection / opportunity for elimination

Legal foundation for the processing of the data is as a rule Article 6 Para. 1 lit. b. GDPR in the case of enquiries via the contact form and/or e-mails.

(contract fulfilment; pre-contractual measures);

Article 6 Para. 1 lit. c. GDPR (fulfilment of a legal obligation, e.g. answering of questions on data protection) and

in addition, Article 6 Para. 1 lit. f GDPR

(legitimate interest).

The processing of the personal data from the input mask / e-mail serves us solely for the processing of the contact. This is also the necessary legitimate interest in the processing of the data.

The other personal data processed during the sending-off process serve to prevent misuse of the contact form and to ensure the security of our IT systems.

The data is deleted as soon as it is no longer needed for achieving the purpose of their collection. This is the case for the personal data from the input mask of the contact form and those which are sent by e-mail when the particular conversation with the user has ended.

The conversation has ended when the circumstances allow the conclusion to be drawn that the matter in question has been finally clarified.

The above does not hold good if the correspondence is subject to a retention obligation under commercial law.

The additional personal data collected during the sending-off process is deleted at the latest after a period of seven days.

The user has the opportunity to object at any time to the storing of his personal data. In such a case the conversation cannot be continued.

 

8. Cookies

8.1 Description and scope of the data processing

Our website uses cookies. Cookies are text files which are stored in the Internet browser or, as the case may be, in the Internet browser on the computer system of the user. If a user calls a website, then a cookie may be stored on the operating system of the user. Such a cookie contains a characteristic string which permits unambiguous identification of the browser if the website is called again.

We employ cookies in order to arrange our website in a more user-friendly manner. Certain elements of our website require that the calling browser can also be identified after a page change.

You can set your browser so that you are informed about the usage of cookies and decide individually whether to accept them or whether to exclude the acceptance of cookies in certain cases or in general. If cookies are not accepted, the functionality of our website may be restricted.

 

Legal foundation

Storage purpose

Storage duration

Objection / opportunity for elimination

Article 6 Para. 1 lit. f GDPR (legitimate interests) for strictly technically essential cookies

In addition: Article 6 Para. 1 lit. a GDPR

(consent)

The purpose behind the use of strictly technically essential cookies is that of making use of the website easier for the user. Certain functions of our website cannot be offered without the use of cookies. For these functions it is necessary that the browser is recognized even after a page change.

Analysis cookies are used for the purpose of improving the quality of our website and its content. Through the analysis cookies we learn how the website is used and in this way, we can continually optimize our offer. These purposes also include our legitimate interest in the processing of the personal data in accordance with Article 6 Para. 1 lit. f GDPR.

Cookies are stored on the user’s computer and are transmitted from this to our website. Accordingly, you as user have full control over the use of cookies.

By carrying out a change to the settings of your browser you can deactivate cookies or restrict the transmission of cookies. Cookies that have already been stored can be deleted at any time. This can also be carried out automatically. However, if cookies for our website are deactivated, it may no longer be possible to use all the functions of the website in full.

The transmission of flash cookies cannot be prevented via the browser settings but requires changes to the setting of the flash player.

 

9. Your rights

If your personal data is processed, then you are the data subject in the sense of the GDPR and you are entitled to the following rights against the controller:

 

9.1 Right of access by the data subject

You can demand from the controller confirmation as to whether personal data that relates to you has been processed by us.

If such processing has taken place, you can demand information on the following from the controller:

  1. The purposes for which the personal data is processed;
  2. The categories of personal data which are processed;
  3. The recipients or, as the case may be, the categories of recipients to which the personal data relating to you has been disclosed or will be disclosed;
  4. The planned duration of the storage of the personal data relating to you or – if concrete statements on this are not possible – the criteria for the laying down of duration of storage;
  5. The existence of a right to correction or deletion of the personal data relating to yourself, of a right to a restriction of the processing by the controller or of a right of objection to this processing;
  6. The existence of a right of appeal at a supervisory authority;
  7. All the available information on the origin of the data if the personal data was not collected at the data subject;
  8. The existence of an automated decision-finding process including profiling in accordance with Article 22 Para. 1 and 4 GDPR and – at least in these cases – meaningful information on the logic involved and its scope and the effects strived for of such a processing for the data subject in question.

You are entitled to the right to demand information on whether the personal data relating to yourself is transmitted to a third country or an international organization. In this connection you can demand to be instructed on the suitable guarantees in accordance with Article 46 GDPR in connection with the transmission.

 

9.2 Right to rectification

You have a right to correction and/or complementing vis à vis the controller in so far as the personal data as processed and which relates to yourself is incorrect or incomplete. The controller has to carry out the correction without delay.

 

9.3 Right to restriction of the processing

Subject to the meeting of the following preconditions you can demand restriction of the processing of the personal data relating to you:

  1. if you dispute the correctness of the personal data relating to yourself for a period which makes it possible for the controller to check the correctness of the personal data;
  2. the processing is unlawful and you reject deletion of the personal data and instead demand restriction of the use of the personal data;
  3. the controller no longer needs the personal data for purposes of the processing but you need the data for the advancing, exercising or defending of legal claims, or
  4. if you have advanced objection to the processing in accordance with Article 21 Para. 1 GDPR but it has not yet been established whether the justified reasons of the controller outweigh your reasons.

If the processing of the personal data relating to yourself has been restricted, then this data – apart from the storing of this – may only be processed with your consent or for the assertion, exercising or defending of legal claims or for the protection of the rights of another natural person or legal entity or for reasons relating to an important public interest of the European Union or of a member state.

If the restriction of the processing has been restricted in accordance with the afore-mentioned preconditions, then you will be informed by the controller before the restriction is removed.

 

9.4 Right to erasure

9.4.1 Deletion obligation

You can demand from controller that the personal data relating to yourself is deleted without delay and the controller is then obliged to delete this data without delay in so far as one of the following reasons applies:

  1. The personal data relating to yourself is no longer required for the purposes for which it was collected or for which it was processed.
  2. You revoke your consent, on which processing in accordance with Article 6 Para. 1 lit. a or Article 9 Para.2 lit. a GDPR was based, and there is no other legal foundation for the processing.
  3. You submit an objection to the processing in accordance with Article 21 Para. 1 GDPR and there are no justified reasons for the processing with a higher priority, or you submit an objection to the processing in accordance with Article 21 Para. 2 GDPR.
  4. The personal data relating to you was processed in an unlawful manner.
  5. The deletion of the personal data relating to you is required to fulfil a legal obligation in accordance with European Union law or the law of the member states, which laws the controller is subject to.
  6. The personal data relating to you was collected in relation to services offered by the information company in accordance with Article 8 Para. 1 GDPR.

 

9.4.2 Information to third parties

If the controller has made the personal data relating to you public and if he/she is obliged to delete this data in accordance with Article 17 Para. 1 GDPR, then he/she shall take reasonable measures including ones of a technical nature – whereby account shall be taken of the available technology and the implementation costs – to inform the responsible parties for the data processing which process the personal data that you as data subject have demanded from them the deletion of all links to this personal data or of copies or replicates of these.

 

9.4.3 Exceptions

The right to deletion does not exist in so far as the processing is necessary for

  1. the exercising of the right of free expression of opinion and to information;
  2. for the fulfilment of a legal obligation, which requires the processing in accordance with the law of the European Union or the law of the member states, which laws the controller is subject to, or for the carrying out of a task, which lies in the public interest or which is carried out in the exercising of public authority, which authority was transferred to the controller;
  3. for reasons of public interest in the field of public health in accordance with Article 9 Para. 2 lit. h and i as well as Article 9 Para. 3 GDPR;
  4. for archiving purposes, scientific or historical research purposes lying in the public interest or for statistical purposes in accordance with Article 89 Para. 1 GDPR, in so far as the right named in section a) probably makes the reaching of the objectives of the processing impossible or impairs it seriously, or
  5. for the advancing, exercising or defending of legal claims.

Moreover, the right to deletion does not exist in so far as the personal data has to be stored by the controller in order to fulfill legal duties to preserve records and legal retention periods. In such a case instead of deletion blockage of the personal data applies.

 

9.5 Right to information

If you have advanced the right to the correcting, deleting or restricting of the processing vis à vis the controller, then the latter is obliged to inform all recipients, to which the personal data relating to you was disclosed, of this correction or deletion of the data or of the restricting of the processing, unless this proves itself to be impossible or linked with unreasonable expenditure.

You are entitled to the right vis à vis the controller to be informed about these recipients.

 

9.6 Right to data portability

You have the right to receive the personal data relating to you, which you made available to the controller, in a structured, conventional and machine-readable format. In addition, you have the right to transmit this data to another controller without hindrance by the controller to whom the personal data was made available, in so far as

  1. the processing is based on a consent in accordance with Article 6 Para. 1 lit. a GDPR or Article 9 Para. 2 lit. a GDPR or on a contract in accordance with Article 6 Para. 1 lit. b GDPR and
  2. the processing is carried out with the aid of automated processes.

In exercising this right, you have in addition the right to bring about the situation that the personal data relating to you is transferred directly from one controller to another controller in so far as this is technically possible. The freedoms and rights of other persons may not be impaired thereby.

The right to data portability does not hold good for the processing of personal data, which is necessary for the carrying out of a task, which lies in the public interest or in the exercising of public authority and which task was transferred to the controller.

 

9.7 Right to object

For reasons which result from your particular situation you have the right to advance at any time objection to the processing of the personal data relating to you, which processing is carried out on the basis of Article 6 Para. 1 lit. e or f GDPR; this right also holds good for profiling based on these provisions.

The controller shall then no longer process the personal data relating to you, unless he/she can demonstrate compelling reasons worthy of protection, which reasons overweigh your interests, rights and freedoms or where the processing serves the advancing, exercising or defending of legal claims.

If the personal data relating to you is processed for the carrying out of direct advertising, then you have the right to advance at any time objection to the processing of the personal data relating to you for purposes of such advertising; this holds good too for profiling in so far as this is carried out in connection with such direct advertising.

If you object to the processing for purposes of direct advertising, then the personal data relating to you will no longer be processed for these purposes.

You have the opportunity – in connection with the use of services of the information company and regardless of directive 2002/58/EC – to exercise your right of objection with the aid of automated processes in which technical specifications are used.

 

9.8 Right to withdraw from the declaration of consent under data protection law

You have the right to withdraw your consent at any time and without giving reasons. In the event of withdrawal we immediately will delete your personal data and no longer process it. The legality of the processing carried out on the basis of your given consent and carried out prior to your withdrawal is not affected by you withdrawal.

 

9.9 Automated decision-making in individual cases including profiling

You have the right to not subject yourself to a decision based solely on an automated processing process – including profiling – which unfolds a legal effect vis à vis yourself or which impairs you significantly in a similar way. This does not hold good if the decision

  1. is necessary for the concluding or fulfilment of a contract between you and the controller,
  2. is permissible on the basis of legal regulations of the European Union or of its member states, which the controller is subject to, and these regulations contain reasonable measures for the maintenance of your rights and freedoms as well as for your legitimate interests or
  3. is carried out with your explicit consent.

However, these decisions may not be based on particular categories of personal data in accordance with Article 9 Para. 1 GDPR, in so far as Article 9 Para. 2 lit. a or g does not hold good and reasonable measures have been taken for the protection of the rights and freedoms as well as of your legitimate interests.

In respect of the cases named in (1) and (3) above the controller shall take reasonable measures to ensure the rights and freedoms as well as your legitimate interests, whereby belonging thereto is at the least the right to the affecting of the intervention of a person on the side of the controller for the representation of the controller’s standpoint and to the challenging of the decision.

 

9.10 Right to complain at a supervisory authority

Regardless of another regulatory or judicial remedy, you are entitled to the right to lodge a complaint at a supervisory authority and here in particular at a supervisory authority in the member state of your place of residence, of your place of work or of the place where the suspected infringement took place when you are of the opinion that the processing of the personal data relating to you infringes the GDPR.

In this situation the supervisory authority, at which the complaint was lodged, shall inform the complainant on the status and the results of the complaint including the possibility of a judicial remedy in accordance with Article 78 GDPR.