If you use our services, you trust us to use your data. We are aware that it is great responsibility and we do everything possible to protect your data and to assure that you keep in control over your data.
In this privacy statement you will get to know which data we process and to which purpose as well as you rights pertaining to your data.
The controller within the meaning of the General Data Protection Regulation and other national data protection laws of the member states as well as other data protection regulations is the:
PLC Park & Lemke Rechtsanwälte GbR
Düsseldorfer Str. 13
65760 Eschborn
+49 (0)61969 738400
datenschutz@plc-law.de
plc-law.de
1 Scope of the processing of personal data
We collect and use the information you provide, in particular by e-mail, online contact form, fax, post, electronic lawyer’s mailbox (beA) or telephone, which is necessary to clarify your matters. In particular, this includes your contact details and any information about your personal and financial circumstances.
This data is collected
- for correspondence with you,
- to clarify the facts in all matters involving you,
- to provide our clients with appropriate legal advice and representation,
- to assert and exercise our clients' legal claims
2. Legal basis for the processing of personal data
Insofar as we obtain your consent for the processing of personal data, Art. 6 para. 1 lit. a General Data Protection Regulation (GDPR) serves as the legal basis for the processing of personal data.
When processing personal data that is required to fulfill a contract with you, Art. 6 para. 1 lit. b GDPR serves as the legal basis. This also applies to data processing that is necessary to carry out pre-contractual measures.
Insofar as the processing of personal data is necessary to fulfill a legal obligation to which we are subject, Art. 6 para. 1 lit. c GDPR serves as the legal basis.
In the event that vital interests of you or another natural person require the processing of personal data, Art. 6 para. 1 lit. d GDPR serves as the legal basis.
If the processing is necessary to safeguard our legitimate interests or the legitimate interests of a third party and if your interests, fundamental rights and freedoms do not outweigh the former interest, Art. 6 para. 1 lit. f GDPR serves as the legal basis for the processing.
3. Data deletion and storage period
The personal data collected by us in the course of processing your matters will be stored until the expiry of the statutory retention obligation for lawyers (Section 50 (1) BRAO) and then deleted, unless we are obliged to store it for longer due to EU regulations, laws or other provisions to which we are subject (e.g. tax and commercial law retention and documentation obligations under the German Commercial Code (HGB), Value Added Tax Act (UStG) or Tax Code (AO)) or are authorized to do so in order to safeguard our legitimate interests.
If the processing is based on your consent, the data will only be stored until you revoke your consent, unless there is another legal ground for the storage.
4. Disclosure of your data to third parties
Your personal data will be disclosed to third parties if this is necessary for the proper handling of your matter. This includes, in particular, the disclosure to courts and other public authorities for the purpose of correspondence and the assertion of legal claims by our clients. The data passed on may only be used by the respective third party for the stated purposes.
5. Links to third-party websites
Our website also links to third-party websites. This is indicated by the symbol . If you click on such a link, please inform yourself there about the respective handling of your data.
1. Right to information
You can request confirmation from us as to whether personal data concerning you is being processed by us. If such processing is taking place, you can request the following information from us:
(1) the purposes for which the personal data are processed;
(2) the categories of personal data that are processed;
(3) the recipients or categories of recipients to whom the personal data concerning you have been or will be disclosed;
(4) the planned duration of storage of the personal data concerning you or, if specific information on this is not possible, criteria for determining the duration of storage;
(5) the existence of a right to rectification or erasure of personal data concerning you, a right to restriction of processing by us or a right to object to such processing;
(6) the existence of a right of appeal to a supervisory authority;
(7) all available information about the origin of the data if the personal data is not collected from you;
(8) the existence of automated decision-making including profiling in accordance with Art. 22 (1) and (4) GDPR and - at least in these cases - meaningful information on the logic involved and the scope and intended effects of such processing for you;
(9) whether the personal data concerning you will be transferred to a third country or to an international organization. In this context, you may request to be informed of the appropriate safeguards pursuant to Art. 46 GDPR in connection with the transfer.
Please note: If there is no client relationship with you, we are not obliged on the basis of our duty of confidentiality pursuant to Section 43a (2) of the German Federal Lawyers' Act (BRAO)
(i) to inform you about the collection of your personal data pursuant to Art. 14 para. 1 to 4 GDPR (Art. 14 para. 5 lit. d GDPR) and
(ii) to provide you with information in accordance with Art. 15 GDPR regarding the data that we have become aware of when processing your matter (Section 29 para. 1 sentence 2 BDSG).
2. Right to rectification
You have a right to rectification and/or completion if the processed personal data concerning you is incorrect or incomplete. If such a request is made to us, we will make the correction without delay.
3. Right to restriction of processing
Under the following conditions, you may request the restriction of the processing of personal data concerning you if
(1) you contest the accuracy of the personal data concerning you for a period enabling us to verify the accuracy of the personal data;
(2) the processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead;
(3) we no longer need the personal data for the purposes of the processing, but they are required by you for the establishment, exercise or defense of legal claims, or
(4) you have objected to the processing pursuant to Art. 21 (1) GDPR and it is not yet certain whether the legitimate reasons outweigh your reasons.
Please note: We may continue to process your matter even if processing is restricted, insofar as your personal data is processed for the assertion and exercise of legal claims of our clients and thus also for the protection of their rights (cf. Art. 16 para. 2 GDPR). The same applies in the event of an objection pursuant to Art. 21 GDPR.
4. Right to erasure
a) Obligation to erase
You may require us to erase personal data concerning you without undue delay and we are obliged to erase such data without undue delay where one of the following grounds applies:
(1) The personal data concerning you are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
(2) You revoke your consent on which the processing was based pursuant to Art. 6 para. 1 lit. a or Art. 9 para. 2 lit. a GDPR and there is no other legal basis for the processing.
(3) You object to the processing pursuant to Art. 21 (1) GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Art. 21 (2) GDPR.
(4) The personal data concerning you has been processed unlawfully.
(5) The deletion of personal data concerning you is necessary to fulfill a legal obligation under Union law or the law of the Member States to which we are subject.
(6) The personal data concerning you have been collected in relation to the offer of information society services referred to in Art. 8 (1) GDPR.
b) Information to third parties
If we have made the personal data concerning you public and we are obliged to delete it in accordance with Art. 17 para. 1 GDPR, we will take appropriate measures, including technical measures, taking into account the available technology and the implementation costs, to inform data controllers who process the personal data that you, as the data subject, have requested them to delete all links to this personal data or copies or replications of this personal data.
Please note:
The right to erasure shall not apply to the extent that processing is necessary
(i) for exercising the right of freedom of expression and information;
(ii) for compliance with a legal obligation which requires processing by Union or Member State law to which we are subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in us;
(iii) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes pursuant to Article 89(1) GDPR in so far as the right referred to in section a) is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
(iv) for the establishment, exercise or defense of legal claims of our clients. Art. 89 para. 1 GDPR, insofar as the right referred to in section a) is likely to render impossible or seriously impair the achievement of the objectives of that processing, or(iv) for the establishment, exercise or defense of legal claims of our clients. The same applies to the periods mentioned under section II.3. even after the conclusion of your matter (cf. Art. 17 para. 3 lit. d) GDPR).
5. Right to information
If there is a right to rectification, erasure or restriction of processing, we are obliged to notify all recipients to whom the personal data concerning you have been disclosed of this rectification or erasure of the data or restriction of processing, unless this proves impossible or involves a disproportionate effort. You have the right vis-à-vis us to be informed about these recipients.
6. Right to data portability
You have the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format. You also have the right to transmit this data to another controller without hindrance from us, provided that
(1) the processing is based on consent pursuant to Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR or on a contract pursuant to Art. 6 para. 1 lit. b GDPR and
(2) the processing is carried out by automated means.
In exercising this right, you also have the right to obtain that the personal data concerning you be transferred directly from one controller to another controller, insofar as this is technically feasible. The freedoms and rights of other persons must not be affected by this.
The right to data portability does not apply to the processing of personal data necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in us.
7. Right to object
You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on point (e) or (f) of Article 6(1) GDPR and we will no longer process the personal data concerning you unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defense of legal claims.
Please note: We are not obliged to stop processing your matter in response to your objection if the data processing serves the assertion and exercise of legal claims of our clients (see Art. 21 para. 1 sentence 2 GDPR).
8. Right to revoke the declaration of consent under data protection law
You have the right to revoke your declaration of consent under data protection law at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
9. Automated individual decision-making, including profiling
You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision
(1) is necessary for entering into, or performance of, a contract between you and us,
(2) is authorized by Union or Member State law to which we are subject and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interests, or
(3) is based on your explicit consent.
However, these decisions may not be based on special categories of personal data pursuant to Art. 9 para. 1 GDPR, unless Art. 9 para. 2 lit. a or g GDPR applies and appropriate measures have been taken to protect the rights and freedoms as well as your legitimate interests.
With regard to the cases referred to in (1) and (3), we shall take reasonable steps to safeguard the rights and freedoms and your legitimate interests, including at least the right to obtain human intervention on our part, to express your point of view and to contest the decision.
10. Right to lodge a complaint with a supervisory authority
Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you infringes the GDPR.
The supervisory authority with which the complaint has been lodged shall inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to Art. 78 GDPR.
1. Description and scope of data processing
Every time you visit our website, the device you use transmits data to our web server in Germany. The following data is processed (if transmitted by your device)
- IP address (without your IP address, our web server cannot send you the requested data);
- The requested data (page URL of the website of our internet presence that you are viewing or the name of the file that you are downloading or uploading);
- Date, time and duration of an action (so that we can assign the call to a specific time and deliver our website to you in light or dark mode in an eye-friendly manner);
- The status of the request (so that we can recognize whether the desired URL exists and can be delivered to you);
- The browser language (so that we can deliver our websites in your language if necessary; see also technically necessary cookies)
- Device type (regularly smartphone/tablet/desktop; this allows us to deliver our websites in a size adapted to your device screen),
Furthermore, the following data may be transmitted when you access our website (depending on the configuration of the device you use to access our website). We have no control over whether and which of this data you transmit to us (and we do not need it):
- the URL of the referring website if you access our website via a link provided there (e.g. via a Google search);
- Name of the browser used, browser version and engine, browser plugins (e.g. Chrome Mobile 113.0 browser engine Blink, Java plugin);
- Device model and device brand (e.g. Samsung Galaxy S5);
- Operating system version (e.g. Android 10)
2. Legal basis for data processing
The legal basis for the temporary processing of data is Art. 6 para. 1 lit. f GDPR.
3. Purpose of data processing
The temporary processing of your data is necessary to enable the delivery of our websites to the device you are using. For this purpose, your IP address in particular must remain stored for the duration of the session, and if incorrect login data is entered several times in succession in password-protected areas of our website, the IP address under which the failed login attempts were made is logged for security purposes. We require this information in order to be able to react appropriately to unauthorized access attempts by blocking the corresponding IP address.
These purposes also constitute our legitimate interest in data processing in accordance with Art. 6 para. 1 lit. f GDPR.
4. Duration of storage
The data is deleted as soon as it is no longer required for the purpose for which it was collected. In the case of the collection of data for the provision of our website, this is the case when the respective session has ended. In the event of unauthorized access attempts, the IP address is stored for a period of 2 weeks.
1. Description and scope of data processing
We use technically necessary cookies to make our website user-friendly and compliant with data protection regulations. Cookies are text files that are stored in the internet browser or by the internet browser on the device used. This means that when you visit our website, a cookie may be stored on your device. This cookie contains a characteristic string of characters that is used to track certain functions.
We store the following cookies:
(1) "pll_language" This cookie is crucial for the language settings and can have the value de (German), en (English) or ko (Korean). The value depends on the browser language and your language selection.
(2) Furthermore, cookies are set when non-public password-protected areas of our website are accessed, which contain information for authenticating the user and which are usually deleted again at the end of the session (but can also remain on the user's device for a longer period of time according to user specifications for simplified re-registration).
2. Legal basis for data processing
The legal basis for the temporary storage of data is Art. 6 para. 1 lit. f GDPR.
3. Purpose of data processing
The purpose of using technically necessary cookies is to simplify the use of websites for you. Some functions of our website cannot be offered without the use of cookies. For these, it is necessary that the device is recognized and we require cookies for the following applications:
(1) Adoption of your language setting
(2) Use of the password-protected area
The data collected by technically necessary cookies are not used to create user profiles and third parties have no access to them.
These purposes also constitute our legitimate interest in data processing in accordance with Art. 6 para. 1 lit. f GDPR.
1. Description and scope of data processing
You have the option of contacting us via the e-mail address provided. In this case, your personal data transmitted with the e-mail will be stored.
Your data will be used to process the conversation. In this context, data will only be passed on to third parties if this is necessary for the proper processing of your matter. This includes in particular the disclosure to courts and other public authorities for the purpose of correspondence and the assertion of legal claims.
2. Legal basis for data processing
The legal basis for the processing of data transmitted in the course of sending an email is Art. 6 para. 1 lit. f GDPR. If the e-mail contact is aimed at concluding a contract, the additional legal basis for the processing is Art. 6 para. 1 lit. b GDPR.
3. Purpose of data processing
The processing of your personal data serves to process your request. This also constitutes the necessary legitimate interest in the processing of the data.
4. Duration of storage
The personal data transmitted in the course of processing your matters will be stored until the expiry of the statutory retention obligation for lawyers (Section 50 (1) BRAO) and then deleted, unless we are obliged to store it for a longer period of time due to EU regulations, laws or other provisions to which we are subject (e.g. tax and commercial law retention and documentation obligations under the German Commercial Code (HGB), Value Added Tax Act (UStG) or Tax Code (AO)) or are authorized to do so to protect our legitimate interests.
1. Description and scope of data processing
We use data from the OpenStreetMap geographic information system on our website to display an interactive map. By using OpenStreetMap, information about your use of our website (including your IP address) can be transmitted to a server of the OpenStreetMap Foundation, which is currently located in London, and stored there.
To the best of our knowledge, OpenStreetMap uses user data exclusively for the purpose of displaying the map functions and temporarily storing the selected settings. This data may include, in particular, users' IP addresses and location data, which, however, are not collected without their consent (usually in the context of the settings of their mobile devices).
Please inform yourself about the handling of your data by consulting the OpenStreetMap Foundation's privacy policy at https://wiki.osmfoundation.org/wiki/Privacy_Policy
2. Legal basis for data processing
The legal basis for the processing of data is Art. 6 para. 1 lit. a GDPR.
3. Purpose of data processing
The interactive map is used to make it easier to find the places indicated on our website.