NOTES ON DATA PROCESSING
The protection of personal data is an important concern for Langwieser Rechtsanwälte Partnerschaft mbB (hereinafter the “Partnership”). Therefore, each mandate is processed in accordance with the applicable laws on data protection and data security, in particular the provisions of the General Data Protection Regulation (DS-GVO) and the Federal Data Protection Act (BDSG). The Partnership takes the protection of personal data seriously. The following explains what data is collected for the purpose of client processing, how it is used and what rights the client or the person concerned has adverse the partnership with regard to the use of his or her data.
1. Name and contact details of the data controller and the data protection officer
These instructions apply to data processing by:
LANGWIESER Rechtsanwälte Partnerschaft mbB
Ottostraße 4, 80333 München | Kurfürstendamm 59, 10707 Berlin
The client can reach the partnership at the following contact details:
Büro München:
E-Mail: muenchen@langwieser.de
Tel: +49 89 41 11 90 50
Fax: +49 89 41 11 90 590
Büro Berlin:
E-Mail: berlin@langwieser.de
Tel: +49 30 762 39 26 0
Fax: +49 30 762 39 26 20
The Partnership’s External Data Protection Officer can be contacted as follows:
Herr Sven Schlegel
Gerhart-Hauptmann-Straße 9, 99310 Arnstadt
info@consultatio-online.de
2. Collection and storage of personal data and type and purpose of use
When the client engages the Partnership or one or more of its lawyers, the Partnership collects the following information from the client or from contacts acting for the client in connection with the engagement:
- Salutation, first name, last name,
- Address,
- E-mail address,
- Telephone number (landline and/or mobile),
- Information necessary for the assertion or defence of the client’s rights in the context of the processing of the mandate.
The collection of this data takes place,
- to be able to identify the client,
- in order to be able to adequately advise, defend or represent the client as a lawyer,
- to be able to correspond with the client or a contact person designated by the client,
- for invoicing,
- for the settlement of any existing liability claims and the assertion of any claims against the client.
The data processing is carried out at the request of the client and is necessary for the appropriate processing of the mandate and for the mutual fulfilment of obligations arising from the mandate agreement in accordance with Art. 6 (1) sentence 1 lit. b DS-GVO for the aforementioned purposes.
The personal data collected for the mandate will be stored until the expiry of the statutory retention obligation for lawyers (6 years after the end of the calendar year in which the mandate was terminated) and deleted thereafter, unless the partnership is obliged to store the data for a longer period pursuant to Art. 6 para. 1 S. 1 lit. c DS-GVO, the partnership is obliged to store the data for a longer period of time due to tax or commercial law retention and documentation obligations (from HGB, StGB or AO) or the client has consented to a storage beyond this period of time according to Art. 6 Para. 1 S. 1 lit. a DS-GVO.
3. Disclosure of data to third parties
Personal data is not transferred to third parties for purposes other than those listed below.
Insofar as this is necessary for the handling of the client relationship pursuant to Art. 6 (1) sentence 1 lit. b DS-GVO, the personal data will be disclosed to third parties. This includes in particular the disclosure to opposing parties and their representatives (in particular their lawyers) as well as courts and other public authorities, external translators and interpreters involved in the mandate by the partnership for the purpose of correspondence as well as for the assertion and defence of the client’s rights. The data disclosed may be used by the third party exclusively for the aforementioned purposes.
Where necessary or appropriate for these purposes, we may engage third parties, including overseas, to carry out certain administrative and ancillary activities, for example, activities relating to the sending of data and communications using digital media (such as email, messenger services or (cloud-based) communication and storage services).
The attorney-client privilege remains unaffected. Insofar as data subject to legal professional privilege is concerned, it shall only be disclosed to third parties in consultation with the client.
4. Data subjects’ rights
The client or the contact person has the right,
- in accordance with Art. 7 (3) DS-GVO to revoke the consent once given at any time vis-à-vis the Partnership. This has the consequence that the Partnership may no longer continue the data processing based on this consent in the future.
- pursuant to Art. 15 DS-GVO to request information about the personal data processed by the Partnership. In particular, the client or contact person may request information about the purposes of processing, the category of personal data, the categories of recipients to whom his or her data have been or will be disclosed, the planned storage period, the existence of a right to rectification, erasure, restriction of processing or objection, the existence of a right of complaint, the origin of his or her data, if not collected by the Partnership, as well as about the existence of automated decision-making, including profiling, and, if applicable, meaningful information about its details.
- in accordance with Art. 16 DS-GVO to demand the correction of incorrect or the completion of his or her personal data stored by the Partnership without delay.
- pursuant to Art. 17 DS-GVO to request the erasure of his or her personal data stored by the Partnership, unless the processing is necessary for the exercise of the right to freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the assertion, exercise or defence of legal claims.
- to request the restriction of the processing of his or her personal data pursuant to Art. 18 DSGVO, insofar as the accuracy of the data is disputed by him or her, the processing is unlawful, but the client or the contact person refuses its erasure and the partnership no longer requires the data, but he or she needs it for the assertion, exercise or defence of legal claims, or he or she has objected to the processing pursuant to Art. 21 DSGVO.
- in accordance with Art. 20 DS-GVO to receive his or her personal data provided to the Partnership in a structured, common and machine-readable format or to request the transfer to another controller.
- complain to a supervisory authority in accordance with Art. 77 DS-GVO. As a rule, the client or the contact person can turn to the supervisory authority of his or her usual place of residence or our registered office for this purpose.
5. Right of objection
If the personal data of the client or the contact person are processed on the basis of legitimate interests pursuant to Art. 6 (1) sentence 1 lit. f DS-GVO, he has the right to object to the processing of his personal data pursuant to Art. 21 DS-GVO, provided that there are grounds for doing so which arise from his particular situation.
If the client or the contact person wishes to exercise his or her right to object, it is sufficient to send an e-mail to: