Processing of personal data including type and purpose of data processing.

When you or your liability insurance company instruct us to represent your legal interests (including mandate requests), we receive personal data from you, the liability insurance company or from other documents, which we collect and process. These are:

• Salutation, first name, last name, if applicable different birth name;
• Date and place of birth;
• Data for communication such as address, telephone number (landline and/or mobile) and a valid e-mail address;
• Information on existing legal protection insurance;
• If applicable, bank data for disbursement of third-party funds;
• For corporate clients: Company name, address, contact person, business contact data;
• if applicable, particularly sensitive data such as health data, religious affiliation, trade union membership, insofar as this is required for the respective mandate;
• further information and data necessary for the assertion and defense of your rights within the scope of the mandate granted.

The processing of this personal data is carried out in order to identify you and to correspond with you. Furthermore, the data processing is carried out in order to provide you with appropriate legal or notarial advice and representation, in particular to enable you to defend yourself against the claims raised or to enforce your own rights. Furthermore, this data is necessary to carry out an examination of any conflicts of interest.

According to Art. 6 (1) sentence 1 lit. B DSGVO, this data processing is necessary for the aforementioned purposes for the appropriate processing of the mandate and for the mutual fulfillment of obligations arising from the mandate agreement.

Insofar as special categories of personal data are processed (e.g. health data in medical/social/employment law matters, religious affiliation in employment law clients), this is done in accordance with Art. 9 (2) lit. f DSGVO for the purpose of asserting, exercising or defending your legal claims. In matters of labor and social law, the legal basis for the processing is furthermore Art. 9 (2) lit. b DSGVO.

Personal data of other persons in the case of granted clients

In the course of proper processing of a mandate (including mandate inquiries), we may receive personal data from third parties who do not have a mandate or contractual relationship with the law firm from the facts described and when evaluating the documents submitted. This data is processed to the extent necessary for the proper examination of the mandate request and the processing of a mandate granted. This data processing is based on Art. 6 (1) p. 1 lit. f DSGVO; the legitimate interest lies in the examination of the mandate request (conflict of interest) as well as the execution of the mandate and the protection or effective enforcement of the claims pursued with the mandate.

Transfer of personal data to third parties

Your personal data will not be passed on to third parties for purposes other than those listed below.

Your personal data will be passed on to third parties within the framework of the processing and settlement of the mandate relationship, insofar as this is necessary for the processing and settlement of the mandate relationship with you in accordance with Art. 6 (1) sentence 1 lit. b DSGVO. This includes, in particular, the disclosure to opposing parties (parties) and their representatives (in particular their attorneys), courts, commissioned or appointed experts in the context of clarifying the facts of the case, if applicable, another attorney who has been engaged for the purpose of keeping an appointment, as well as other public authorities for the purpose of correspondence and for asserting and defending your rights.

The data disclosed may be used by the third party exclusively for the purposes stated.

The attorney-client privilege and the attorney’s duty of confidentiality shall remain unaffected.

Insofar as data subject to attorney-client privilege is involved, it will only be disclosed to third parties in consultation with you.

Suppliers and service providers

We use contact and communication data and other relevant personal data from our suppliers and other service providers, insofar as these or their employees are natural persons. We process this data to carry out the business relationship, communication as well as contact maintenance. The processing is based on Art. 6 para. 1 f DSGVO. Our legitimate interest lies in the processing of the business cooperation and contact maintenance.

Communication by e-mail

If you contact us via one of the specified central office e-mail addresses or a personalized e-mail address of a partner, we collect the voluntarily transmitted data, in particular the data required for identification and to enable further correspondence, in particular name, e-mail address, postal address, telephone number if applicable, as well as the content of the message and other voluntary information and content that you knowingly transmit. This data / information transmitted in this way is stored (in order to document the communication and to be able to answer questions more quickly) and used (in order to be able to process your request) on an office-owned server or local PC with the help of an e-mail program and the lawyer software used (currently via the provider or the software RA-Micro). This data processing is based on Art. 6 para. 1 p. 1 lit. b DSGVO.

If we receive an e-mail from you, we assume that we may reply to you via e-mail. If this is not the case, you must clearly indicate another form of communication – at the beginning of the contact or at any other later time without giving reasons (for data subject rights, see below). E-mails are only protected with additional encryption standards if this has been expressly requested by the client.

Newsletter

The partnership or an individual partner sends out information (“newsletter”) on individual legal topics by e-mail on the basis of the recipients’ consent. Insofar as you receive such a newsletter from us, we process the personal data available to us name, address and e-mail address. The processing is based on consent pursuant to Art. 6 (1) p. 1 lit. a DSGVO.

You have the right to object to the receipt of the newsletter at any time or to revoke your consent without giving reasons for the future (for data subject rights, see below). An e-mail to the sender or a general office e-mail address with the reference to the revocation is sufficient. In this case, we will immediately delete your data from the newsletter distribution list without replacement.

Links to social media sites (Xing, LinkedIN)

On the personal pages of the partners you will find links to the profiles of the partners on the mentioned social media platforms. As soon as you click on the link, you will leave the pages of WÆRK Attorneys at Law. WÆRK Attorneys at Law does not store any personal data during this process. WÆRK Attorneys at Law have no influence on the possible storage of your personal data on the linked pages of Xing and LinkedIN.

Data subject rights

According to the regulations of the DSGVO, you have the following rights with regard to your personal data. If you have any queries or are unclear, you can contact datenschutz@waerk.de.

You have the right to:

• Request information about your personal data processed by us (Art. 15 GDPR). In particular, you can request information about the processing purposes, 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 to rectification, erasure, restriction of processing or objection, the existence of a right of complaint, the origin of your data, if it was not collected by us;
• to immediately request the correction of incorrect or completion of your personal data stored by us (Art. 16 DSGVO);
• request the erasure of your personal data stored by us, 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 establishment, exercise or defense of legal claims (Art. 17 DSGVO);
• to request the restriction of the processing of your personal data, insofar as the requirements of Art. 18 DSGVO are met;
• To receive your personal data that you have provided to us in a structured, commonly used and machine-readable format or to request that it be transferred to another controller (Art. 20 DSGVO);
• to complain to a supervisory authority As a rule, you can contact the supervisory authority of your usual place of residence or workplace or our registered office for this purpose (Art. 77 DSGVO);
• To revoke your consent once given to us at any time (Art. 7 (3) DSGVO). This has the consequence that we may no longer continue the data processing based on this consent for the future.

Request information on their details. Please contact us in writing using the contact details provided in the imprint. In order to receive information, you must identify yourself as the person about whom information is to be provided, or prove that you are entitled to receive information about a third party.

Storage period (deletion)

If we store your personal data, this will only be for a limited period of time and no longer than necessary. In principle, we delete your data when they are no longer necessary for the processing purpose for which they were collected or if there are other legal reasons that require deletion.

The personal data processed by us will therefore be stored in any case 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 we are obliged to store it for a longer period pursuant to Art. 6 (1) sentence 1 lit. c DSGVO due to statutory retention and documentation obligations (from HGB, StGB or AO) or you have consented to storage beyond this pursuant to Art. 6 (1) sentence 1 lit. a DSGVO.

The retention obligations under commercial and tax law are usually up to 10 years.

In exceptional cases, the data may have to be retained even longer for evidentiary purposes for the duration of the applicable statute of limitations. This period can be up to 30 years.

Right of objection

If your personal data is processed on the basis of legitimate interests pursuant to Art. 6 (1) p. 1 lit. f DSGVO, you have the right to object to the processing of your personal data pursuant to Art. 21 DSGVO, provided that there are grounds for doing so that arise from your particular situation or the objection is directed against direct advertising. In the latter case, you have a general right of objection, which is implemented by us without specifying a particular situation.

If you wish to exercise your legal right of objection, it is sufficient to send an e-mail to datenschutz@waerk.de or a message to the partnership (see imprint).

No further processing of the data will then take place, unless the Partnership can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the assertion, exercise or defense of legal claims.

Data security

We use appropriate, commercially reasonable technical and organizational security measures to protect your data against partial or complete loss, intentional manipulation, alteration, unauthorized third-party access, misuse, disclosure, and/or deletion. Our security measures are continuously improved in line with technological developments.

Encryption and security

We have taken technical and organizational security measures to protect your personal data from loss, destruction, manipulation and unauthorized access. Our website is encrypted via HTTPS. All of our employees and all third parties involved in data processing are bound by the applicable data protection laws and the confidential handling of personal data.

Changes to this data protection declaration

We reserve the right to make changes to this data protection declaration. In each case, the version that is current at the time of the use of our offers and can be accessed here shall apply.

If your personal data is processed on the basis of legitimate interests pursuant to Art. 6 (1) p. 1 lit. f DSGVO, you have the right to object to the processing of your personal data pursuant to Art. 21 DSGVO, insofar as there are grounds for doing so that arise from your particular situation or the objection is directed against direct advertising. In the latter case, you have a general right of objection, which is implemented by us without specifying a particular situation.