§ 1 warning about content
The free and freely accessible content of this website was created with the greatest possible care. However, the provider of this website does not guarantee the accuracy and timeliness of the free and freely accessible journalistic guides and news provided. Contributions identified by name reflect the opinion of the respective author and not always the opinion of the provider. Simply by calling up the free and freely accessible content, no contractual relationship is established between the user and the provider; in this respect, the provider's legal commitment is lacking.
§ 2 external links
This website contains links to third-party websites ("external links"). These websites are the responsibility of the respective operators. When the external links were first linked, the provider checked the third-party content to determine whether there were any legal violations. No violations of the law were evident at the time. The provider does not influence the current and future design and the content of the linked pages. The setting of external links does not mean that the provider adopts the content behind the reference or link. A permanent control of the external links is not reasonable for the provider without concrete indications of legal violations. With knowledge of legal violations, however, such external links will be deleted immediately.
§ 3 copyright and ancillary rights
The content published on this website is subject to German copyright and ancillary copyright. Any use not permitted by German copyright and ancillary copyright law requires the prior written consent of the provider or the respective rights holder. This applies in particular to the duplication, editing, translation, storage, processing or reproduction of content in databases or other electronic media and systems. Contents and rights of third parties are marked as such. The unauthorized reproduction or distribution of individual content or entire pages is not permitted and is punishable by law. Only the production of copies and downloads for personal, private, and non-commercial use is permitted.
The presentation of this website in third-party frames is only permitted with written permission.
Source: Imprint template from JuraForum.de
Types of data, purposes of processing and categories of data subjects
Below we inform you about the type, scope, and purpose of the collection, processing, and use of personal data.
1. Types of data that we process
2. Purposes of processing according to Art. 13 Para. 1 c) GDPR
3. Categories of data subjects according to Art. 13 Para. 1 e) GDPR
The data subjects are collectively referred to as "users".
Legal basis for the processing of personal data
Below we inform you about the legal basis for the processing of personal data:
If we have obtained your consent for the processing of personal data, Art. 6 para. 1 sentence 1 lit. a) GDPR legal basis.
If processing is necessary to fulfill a contract or to carry out pre-contractual measures that take place at your request, Art. 6 para. 1 sentence 1 lit. b) GDPR legal basis.
If processing is necessary to fulfill a legal obligation to which we are subject (e.g. statutory retention requirements), Art. 6 Para. 1 S. 1 lit. c) GDPR legal basis.
If processing is necessary to protect the vital interests of the data subject or another natural person, Art. 6 para. 1 sentence 1 lit. d) GDPR legal basis.
If processing is necessary to safeguard our or the legitimate interests of a third party and your interests or fundamental rights and freedoms do not outweigh this, Art. 6 para. 1 sentence 1 lit. f) GDPR legal basis.
Disclosure of personal data to third parties and processors
We will never pass on any data to third parties without your consent. If this is the case, then the transfer takes place on the basis of the aforementioned legal basis, e.g. when data is passed on to online payment providers for the purpose of fulfilling the contract or on the basis of a court order or due to a legal obligation to disclose the data for the purposes of law enforcement, to avert danger or to enforce intellectual property rights.
We also use processors (external service providers, e.g. for web hosting of our websites and databases) to process your data. If data is passed on to the processor in the context of an order processing agreement, this is always done in accordance with Art. 28 GDPR. We carefully select our processors, check them regularly, and have given us the right to issue instructions regarding the data. In addition, the processors must have taken appropriate technical and organizational measures and the data protection regulations in accordance with BDSG n.F. and comply with GDPR
Data transfer to third countries
The adoption of the European General Data Protection Regulation (GDPR) created a uniform basis for data protection in Europe. Your data is therefore mainly processed by companies for which GDPR applies. Should the processing take place through the services of third parties outside the European Union or the European Economic Area, they must meet the special requirements of Art. 44 ff. GDPR. This means that the processing takes place on the basis of special guarantees, such as the officially recognized determination of a data protection level corresponding to the EU or the observance of officially recognized special contractual obligations, the so-called “standard contractual clauses”. For US companies, submission to the so-called “Privacy Shield”, the data protection agreement between the EU and the USA, meets these requirements.
Deletion of data and storage period
Unless expressly stated in this data protection declaration, your personal data will be deleted or blocked as soon as the purpose for the storage ceases to exist, unless their further storage is necessary for evidence purposes or if this is contrary to statutory retention obligations. This includes, for example, commercial law retention requirements for business letters in accordance with Section 257 (1) HGB (6 years) and tax retention requirements in accordance with Section 147 (1) AO for documents (10 years). If the prescribed retention period expires, your data will be blocked or deleted, unless the storage is still necessary for the conclusion of a contract or for the fulfillment of the contract.
Existing automated decision making
We do not use automatic decision making or profiling.
Provision of our website and the creation of log files
If you only use our website for informational purposes (i.e. no registration and no other transmission of information), we only collect the personal data that your browser transmits to our server. If you want to view our website, we collect the following data: • IP address;
• Internet service provider of the user;
• date and time of access;
• browser type;
• Language and browser version;
• content of the call;
• time zone;
• Access status / HTTP status code;
• amount of data;
• websites from which the request comes;
• Operating system.
This data is not stored together with other personal data from you.
These data serve the purpose of the user-friendly, functional and secure delivery of our website to you with functions and content as well as their optimization and statistical evaluation.
The legal basis for this is our legitimate interest in data processing following Art. 6 Para. 1 S.1 lit. f) GDPR.
For security reasons, we save this data in server log files for the storage period of days. After this period, these are automatically deleted, unless we need to keep them for evidence purposes in the event of attacks on the server infrastructure or other legal violations.
Use of blog functions / comments
You can make public comments on our blog, which contains articles on topics on our website. You can use a pseudonym instead of a real name. Your contribution will then be published under the pseudonym. The specification of the email address is mandatory, all other information is voluntary.
When you post a comment, we save your IP address with the date and time, which we delete after days. The storage serves the legitimate interest of the defense against the claims of third parties when you publish illegal or untrue content. We save your e-mail address for the purpose of contacting third parties that should legally object to your comments.
The legal basis is Art. 6 para. 1 sentence 1 lit. b) and f) GDPR.
We will not review your comments before posting. In the event of complaints from third parties, we reserve the right to delete your comments. We do not pass the data on to third parties unless it is necessary to pursue our claims or there is a legal obligation (Art. 6 Para. 1 Clause 1 lit. c) GDPR).
The data will be deleted as soon as it is no longer necessary to achieve the purpose for which it was collected or to carry out the contract because the contract has ended.
Presence on social media
We process your data that you send us via these networks in order to communicate with you and to answer your messages there.
The legal basis for the processing of personal data is our legitimate interest in communicating with users and our external image for the purpose of advertising following Art. 6 Para. 1 S. 1 lit. f) GDPR. Insofar as you have given the person responsible for the social network consent to the processing of your personal data, the legal basis is Art. 6 para. 1 sentence 1 lit. a) and Art. 7 GDPR.
The data protection information, information, and objection options (opt-out) of the respective networks can be found here:
Rights of the data subject
Objection or revocation against the processing of your data
Insofar as the processing is based on your consent in accordance with Art. 6 para. 1 sentence 1 lit. a), Art. 7 GDPR, you have the right to withdraw your consent at any time. This does not affect the lawfulness of processing based on consent before its withdrawal.
Insofar as we process your personal data based on the balancing of interests following Art. 6 Para. 1 S. 1 lit. f) support GDPR, you can object to the processing. This is the case if the processing is not particularly necessary to fulfill a contract with you, which is described by us in the following description of the functions. When exercising such an objection, we ask you to explain the reasons why we should not process your personal data as we have done. In the event of your justified objection, we will examine the situation and will either discontinue or adjust the data processing or show you our compelling reasons worthy of protection, based on which we will continue the processing.
You can object to the processing of your personal data for advertising and data analysis purposes at any time. You can exercise the right to object free of charge. You can inform us about your objection to advertising using the following contact details:
Right to information
You have the right to request confirmation from us as to whether your personal data is being processed. If this is the case, you have the right to information about your personal data stored by us following Art. 15 GDPR. This includes, in particular, information about the processing purposes, the category of personal data, the categories of recipients to whom your data has been or will be disclosed, the planned storage period, the origin of your data, unless it was collected directly from you.
Right to rectification
You have the right to correct inaccurate or correct data following Art. 16 GDPR.
Right to cancellation
You have the right to have your data stored by us deleted following Art. 17 GDPR, unless legal or contractual retention periods or other legal obligations or rights to further storage prevent this.
Right to restriction
You have the right to request a restriction in the processing of your personal data if one of the requirements in Art. 18 Para. 1 lit. a) to d) GDPR is fulfilled:
• If you contest the accuracy of your personal data for a period that enables the person responsible to check the accuracy of the personal data;
• the processing is unlawful and you refuse to delete the personal data and instead request that the use of the personal data be restricted;
• the controller no longer needs the personal data for the purposes of processing, but you need them to assert, exercise or defend legal claims, or
• if you have objected to processing following Art. 21 Para. 1 GDPR and it is not yet certain whether the controller's legitimate reasons outweigh your reasons.
Right to data portability
You have the right to data portability following Art. 20 GDPR, which means that you can receive the personal data we have stored about you in a structured, common and machine-readable format or you can request the transfer to another person responsible.
Right to complain
You have the right to lodge a complaint with a supervisory authority. As a rule, you can contact the supervisory authority, in particular in the Member State of your residence, your place of work or the place of the alleged violation.
We have taken appropriate technical and organizational security measures to protect all personal data that are transmitted to us and to ensure that we, as well as our external service providers, comply with data protection regulations. That is why, among other things, all data is encrypted between your browser and our server via a secure SSL connection.
As of April 22, 2019
Source: JuraForum.de sample data protection declaration