Updated: 1 November 2018
Data Protection Statement pursuant to Regulation (EU) 2016/679 (General Data Protection Regulation – GDPR)
We, LEBUHN & PUCHTA Partnerschaft von Rechtsanwälten und Solicitor mbB, are committed to processing personal data transparently and respectfully of your data protection rights. This statement explains how we, as data controller, deal with personal data.
1. Information about our processing of personal data.
We explain below how to contact us about data protection, what personal data we process, how and why we process personal data, and what right we rely on to do so:
(a) Contact details of the responsible parties.
If you have any query about our data protection policy as data controller, we encourage you to contact us. Our contact details are:
LEBUHN & PUCHTA Partnerschaft von Rechtsanwälten und Solicitor mbB
Am Sandtorpark 2, 20457 Hamburg
In addition, you may contact our external data protection officer:
Eva Gaertner – CompanyCheck Deutschland GmbH
(b) Type of personal data processed.
We process your personal data when you provide it to us, for example when you correspond with us. Typically, such data consists of your contact details. In the context of a client relationship, additional information might be required, for example for identification purposes or to comply with anti-money laundering regulations.
We may receive information about you during the course of providing legal services to our clients, for example in the context of witness statements, expert reports, court documents, or commercial transactions, depending on the matter in question.
We may process personal data you make available on professionally-oriented platforms you use and from other available sources relevant to our work.
We do not collect information from you when you visit our website.
(c) Purpose of processing personal data.
We may process your personal data for the purpose of
(i) corresponding with you and dealing with your queries,
(ii) entering into or performing our contract with you or our client, which includes carrying out conflict checks
(iii) providing our services
(iv) generating statistics relevant to the management of our business and analysing and improving our business,
(v) maintaining our list of professional contacts,
(vi) sending notifications to you if we consider you may be interested in their contents, for instance concerning developments in your or our sectors of activity and invitations to special events,
(vii) managing the recruitment of personnel,
(viii) storage as part of our document management system,
(ix) complying with our legal obligations, for example regarding storage of documents or under anti-money laundering rules
(x) protecting your or the firm’s interests, for example in the course of dealing with a complaint in respect of our services.
(d) Legal grounds for processing data.
The European General Data Protection Regulation and the German Data Protection Act set out various legal grounds on which personal data may legitimately be processed. Our processing is either on the basis of your consent (as per Art. 6(1)(a) GDPR) or, in particular, where such processing is
(i) necessary for the performance of a contract to which you are party or intend to become party (as per Art. 6(1)(b) GDPR),
(ii) necessary for compliance with our legal obligations (as per Art. 6(1)(c) GDPR), or
(iii) necessary for the provision of legal services which are in the public interest (as per Art. 6(1)(e) GDPR), or
(iv) necessary for the purposes of our legitimate interests, i.e. to provide our services to you or our client or manage and improve the services we offer (as per Art. 6(1)(f) GDPR).
(e) Sharing personal data with third parties.
Insofar as necessary for any client relationship with you, your personal data will be provided to third parties, in particular opponents and their representatives (in particular appointed lawyers) in the context of proceedings, as well as courts and other public authorities for the purpose of correspondence to establish and defend your rights.
We may disclose personal data to third parties who perform services for us, such as web-hosting, analytics and information technology providers or event managers, where this is necessary for them to provide their services. We may also disclose personal data to other third parties as may be necessary to comply with our legal obligations, for example towards law enforcement agencies, or as we are permitted to do so by law. Disclosure may be made to advisors or potential transaction partners or their agents in connection with a merger, transfer, liquidation or other disposition of our assets.
We will not otherwise share your personal data without your consent. Our professional duty of confidentiality remains unaffected.
(f) Transfer of data out of the EU.
In order to carry out the instructions of our client, it may be necessary for us in certain cases to transfer personal data to a country outside of the European Union or to an international organisation. Other than when you have explicitly consented to such a transfer (as per Art. 49(1)(a) GDPR), the legal grounds upon which we primarily expect to rely for such a transfer are that
(i) it is necessary for the performance of a contract between the data subject and their data controller (as per Art. 49(1)(b) GDPR), or
(ii) it is necessary for the establishment, exercise or defence of legal claims (as per Art. 49(1)(e) GDPR), or
(iii) it concerns available information from a register which is available to inspection to persons having a legitimate interest to the information (as per Art. 49(1)(g) GDPR).
2. Further information about fair and transparent processing of personal data.
As part of our commitment to process personal data in a fair and transparent manner, we set out further information for you below:
(a) Length of storage.
We store personal data for as long as we reasonably require for legal or business purposes.
(b) Personal rights regarding data.
You can ask us to have access to the personal data we hold about you, have your data corrected or erased or object to processing in whole or in part, and be given your data in a portable format, subject always to the professional regulations, rights and obligations applying to us. For example, if you would prefer not to receive any notification from us of a marketing character, you may notify us of this and we shall not send you any such notification without your consent.
(c) Withdrawal of consent to processing of data.
If you do not wish to receive general information from us, please let us know and we will not send you any such general information thereafter without your explicit consent. If you wish to object to a certain kind of processing to which you have previously consented, you can at any time withdraw your consent for the future in the same manner as you initially gave it. In all cases, you may use the contact details set out at the start of this notice.
(d) Right to complain.
If you would like to make a complaint regarding the handling of your personal data, we invite you to contact us and we will make every effort to resolve the issue with you. You can also make a complaint to the Data Protection Officer for Hamburg (Hamburg ischen Beauftragten für Datenschutz und Informationsfreiheit), details of which can be found at: www.datenschutz-hamburg.de
(e) Consequences of not providing data.
Unless we inform you that personal data is required for us to provide our services, or is compulsory, e.g. to comply with anti-money laundering regulations, the provision of personal data is not necessary or compulsory, but if we are not provided with personal data, this may affect how we can deliver our services to you or interact with you.
(f) Changes to this privacy statement.
This privacy statement is subject to change, in particular as our practices or the legal requirements evolve. You should accordingly regularly consult our privacy statement on our website to check whether it has been updated.
3. Processing of personal data: Online applications and website visitors
(a) Online applications
The application documents and electronic files you provide to us are processed exclusively for the purpose of your application (Art. 6(1)(b) GDPR). We will contact you as part of the application process in order to inform you of the status of your application and as the case may be to invite you for an interview. Your data will be deleted at the latest six months after completion of the application process, unless you have consented to us contacting in the future in respect of relevant job positions (Art. 6(1)(a) GDPR).
(b) Website visitors
When you open this website, your browser will automatically send data to the server on which this website is hosted and that data will be temporarily stored there in a so-called Logfile. Until this file is automatically deleted after three days, the following data will be automatically collected and stored:
- IP address of your device,
- date and time of access,
- name and URL of the opened website,
- website through which you access our website (so-called referrer URL), and
- the browser you use and as the case may be the operating system of your device, as well as the name of your access provider.
The processing of such data is legitimate according to Art. 6(1)(f) GDPR. Our legitimate interest is the accessibility and user-friendliness of our website, its security, stability and administration.
Data processing is expressly not for the purpose of analysing your person.
(d) Google analytics.
We use Google Analytics, a web analytics service provided by Google Inc. (https://www.google.com/intl/en/about/) (1600 Amphitheater Parkway, Mountain View, CA 94043, USA, hereafter “Google”) for the purpose of customizing and continually optimising our pages. In this context, pseudonymised usage profiles are created and cookies (see 3.c) are used. The information generated by the cookie about your use of this website such as
- browser type / version,
- operating system used,
- Referrer URL (the previously visited page),
- host name of the accessing computer (IP address),
- time of server request,
are transferred to a Google server in the USA and stored there. The information is used to evaluate the use of the website and to compile reports on website activity. This information may also be transferred to third parties if required by law or if third parties process this data as data processors. In no case will your IP address be merged with other data provided by Google. The IP addresses are anonymized, so that linking is not possible (IP masking).
You can prevent the installation of cookies by setting the browser software accordingly; however, we point out that in this case not all features of this website may be fully exploited.
You can also prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) and the processing of this data by Google by downloading and installing a browser add-on (https://tools.google.com/dlpage/gaoptout?hl=de).
As an alternative to the browser add-on, especially for browsers on mobile devices, you can prevent the collection by Google Analytics by clicking on this Link. An opt-out cookie will be set which prevents the future collection of your data when you visit this website. The opt-out cookie is only valid in this browser and only for our website and is stored on your device. If you delete the cookies in this browser, you must set the opt-out cookie again.
For more information about privacy related to Google Analytics, see the Google Analytics Help Center (https://support.google.com/analytics/answer/6004245?hl=en).