With the following notes we would like to inform you about the type, scope and purpose of the collection and use of personal data by Herbst | Bröcker. If you have any questions, please feel free to contact us at any time.
- Data controller and data protection officer
Data Controller: Herbst | Bröcker Rechtsanwälte (hereinafter referred to as Herbst | Bröcker), Lietzenseeufer 10, 14057 Berlin, Germany
Email: post@herbst-broecker.de
Phone: +49 (0) 30 887 114-0
Fax: +49 (0) 30 887 114-11
The data protection officer of Herbst | Bröcker can be contacted at the above mentioned address or at datenschutz@herbst-broecker.de
- Processing of personal data when working on client matters
When we receive an instruction to act as attorneys by our clients, we collect and process the following information:
– Title, first name, last name,
– a valid e-mail address,
– Address,
– telephone number (fixed network and/or mobile), fax number
– Information necessary for the assertion and defence of your rights within the scope of the mandate
The collection of this data is carried out,
– to identify you as our client;
– to be able to advise and represent you appropriately;
– to correspond with you;
– for invoicing purposes;
– to process any liability claims that may exist and to assert any claims against you;
The data processing is carried out upon your request and is necessary for the appropriate processing of the mandate and for the mutual fulfilment of obligations under the contract of engagement, in accordance with Art. 6 (1), first sentence, (b) GDPR.
The personal data collected by us for the mandate will be stored until the expiry of the statutory retention period for lawyers (6 years after the end of the calendar year in which the mandate was terminated) and deleted thereafter, unless we are obliged to store the data for a longer period of time in accordance with Art. 6 (1), first sentence, (c) GDPR due to tax and commercial law retention and documentation obligations (according to the German Commercial Code (HGB), the German Penal Code (StGB) or the German Tax Code (AO)) or you have consented to storage beyond this period in accordance with Art. 6 (1), first sentence, (a) GDPR.
- Recipients of personal data/transmission to third countries
Your personal data will not be transferred to third parties for purposes other than those listed below.
To the extent that this is necessary for the performance of the contract of engagement in accordance with Art. 6 (1), first sentence, (b) GDPR, your personal data will be passed on to third parties. This includes, in particular, the disclosure of your personal data to opposing parties and their representatives (in particular their lawyers), legal sub-authorised representatives as well as courts and other public authorities for the purpose of correspondence and for the assertion and defence of your rights. The data passed on may be used by the third party exclusively for the aforementioned purposes.
In the course of the administrative handling of client matters, personal data will be transmitted to service providers who will process them on behalf of Herbst | Bröcker in accordance with Art. 28 GDPR on the basis of a contractual agreement for third party processing in accordance with Art. 28 (3) GDPR. These include primarly IT service providers, legal software providers, technical infrastructure and service providers used for financial accounting and billing. All service providers enganged by Herbst | Bröcker have singed a contractual agreement with Herbst | Bröcker in which they undertake to maintain confidentiality, as far as they come or could come into contact with information subject to confidentiality. The attorney-client confidentiality remains unaffected. As far as data is concerned, which is subject to the attorney-client privilege, they will be passed on to third parties only in agreement with you.
In connection with the processing of the contract of engagement, personal data may be transmitted, depending on the circumstances of the individual case, to third countries, i.e. countries outside the European Union and the European Economic Area (EEA), or international organisations (e.g. authorities, opponents and opponent representatives, correspondent lawyers, etc.).This includes transmissions to countries in respect of which the European Commission has not adopted a decision on the existence of an adequate level of protection (Art. 45 (3) GDPR) and, possibly also transmissions for which no guarantees are provided under Art. 46 GDPR.
In the absence of an adequacy decision and/or in the absence of suitable guarantees, such transmissions are only made in the exceptional cases of Art. 49(1). first sentence GDPR, in particular if and tot he extent that
– this is necessary for the fulfilment of the contract of engagement between the client and Herbst | Bröcker or for the implementation of pre-contractual measures at client’s request,
– this is necessary for the conclusion or fulfilment of a contract in the interest of the client of Herbst | Bröcker with another natural or legal person,
– this is necessary to assert, exercise and defend legal claims,
– an express consent within the meaning of Art. 49 (1) first sentence (a) GDPR has been obtained, or
– the transfer is made by a register within the meaning of Art. 49 (1) first sentence (g) GDPR (e.g. trademark or patent register).
- Rights of data subjects
You have the right:
– pursuant to Art. 7(3) GDPR to withdraw your consent at any time. As a result, we may no longer continue to process the data which was based on this consent in the future;
– in accordance with Art. 15 GDPR to request information about your personal data processed by us. In particular, you may request information on the purposes of processing, the category of personal data, the categories of recipients to whom your data have been or will be disclosed, the planned storage period, the existence of a right of correction, deletion, restriction or opposition of processing, the existence of a right to appeal, the origin of your data, if not collected by us, as well as the existence of automated decision making including profiling and, if applicable, significant information on their details;
– in accordance with Art. 16 GDPR, to demand without delay the correction of incorrect personal data stored by us;
– pursuant to Art. 17 GDPR, to demand the deletion of your personal data stored by us, unless the processing is necessary to exercise the right of freedom of expression and information, to fulfil a legal obligation, for reasons of public order or is necessary for the assertion, exercise or defence of legal claims;
– pursuant to Art. 18 GDPR, to demand the restriction of the processing of your personal data if the accuracy of the data is contested by you, the processing is unlawful but you oppose the erasure of the personal data and we no longer require the data, but you require them for the assertion, exercise or defence of legal claims or you have objected to the processing pursuant to Art. 21 GDPR;
– in accordance with Art. 20 GDPR, to receive your personal data that you have provided us with in a structured, common and machine-readable format or to request that they are transferred to another controller and
– to lodge a complaint with a supervisory authority pursuant to Art. 77 GDPR. Generally, you can refer to the supervisory authority of your habitual residence or your workplace or of our office location.
- Right to object
To the extent that your personal data are processed on the basis of legitimate interests pursuant to Art. 6 (1) first sentence (f) GDPR, you have the right to object to the processing of your personal data pursuant to Art. 21 GDPR, provided that there are reasons for doing so that arise from your particular situation.
If you wish to exercise your right to object, simply send an e-mail to datenschutz@herbst-broecker.de
This data protection information is valid as of 25 May 2018 and may be amended in the future in order to adapt to changed circumstances, in particular to adapt to changes in legal requirements, official practice or case law.
