Privacy Protection

PRIVACY PROTECTION

At the law firm BEITEN BURKHARDT Rechtsanwaltsgesellschaft mbH, we are pleased that you are interested in our website and wish to make your online visit to our internet presence as convenient as possible for you. We are placing great value on the protection of your individual privacy. Below you will therefore find information on the handling of your personal data and your respective rights.

A. Controlling body / Data protection officer

With regard to the processing of your personal data in connection with this internet presence, we are the "Controller" within the meaning of Art. 4 No. 7 of the General Data Protection Regulation (GDPR).

In this function we can be reached as follows:

BEITEN BURKHARDT Rechtsanwaltsgesellschaft mbH
Ganghoferstrasse 33
80339 Munich

Phone: +49 (89) 35065 - 0
Fax: +49 89 35065 - 123
Email: bblaw-muenchen@bblaw.com

Legal representatives: Philipp Cotta, Dr Thomas Drosdeck, Dr Detlef Koch, Dr Guido Krüger, Dr Thomas Lambrich, Frank Obermann, Frank Oprée, Oliver Schwarz, Prof Dr Hans-Josef Vogel, Dr Axel von Walter

Our data protection officer can be contacted by e-mail to: Datenschutz@bblaw.com

This Data Privacy Notice applies to the present internet presence, operated by us (hereinafter also referred to as "Website") as well as to further processing activities in connection with advertising and communication measures of our law firm described below. Should our internet presence also facilitate access to the offers of other providers ("Third Party Offers"), our Data Privacy Notice shall not apply to such Third Party Offers. In this case we are also not responsible for the processing of your personal data within the context of such Third Party Offers as defined in Art. 4 No. 7 GDPR.

B. Nature and Volume of Data Processing

1. Processing of access data

You may visit our Website without providing any personal information. We merely store the following access data in server log files:

  • Host name of accessing computer,
  • IP address (anonymised),
  • Date and time of Website retrievals,
  • Type of browser,
  • Operating system,
  • Website previously visited.

Such data shall be analysed exclusively to ensure a proper operation of the Website.

The IP address can be personal data due to the fact that, under certain circumstances and with information provided by the respective internet provider, it is possible to identify the specific individual that has used the Internet access. However, the IP address is processed and stored solely in anonymised form, without reference to a specific individual.

We provide the above data to the web agency, acting as processor for us and rendering services in the field of web analysis to us.

2. Data processing to process your requests

We collect such personal data you have deliberately provided when you established contact with us, in particular by e-mail.

Such data are processed only for the correspondence with you and for the purpose for which you have made the data available, always in the context of this communication, as for instance to process your request or to contact you at your request. In this case the processing of personal data is carried out with your consent and is permissible pursuant to Art. 6 (1) lit. a GDPR.

After completion of your request, your data are blocked for further use and erased upon expiry of any storage terms, if so required, unless you have given your express consent to further use of your data, or unless we are otherwise entitled to storage.

3. Data processing related to newsletter subscription, invitations to events

a. Newsletter
If you sign up for our e-mail newsletters on our Website, we will collect the following personal data:

  • E-mail address
  • Choice of newsletter topics you would like to receive
  • Confirmation that you have taken note of our Data Privacy Statement
  • Date & time when you have given your consent

The e-mail address and the choice of topics are collected for the dispatch of newsletters by e-mail to you. We are entitled to processing these data pursuant to Art. 6 (1) lit. a GDPR. The application procedure and therefore your consent will be recorded, as the time at which the order was placed is logged. The legal basis of the processing operation of the aforementioned data is our legitimate interest pursuant to Art. 6 (1) lit. f GDPR which results from the necessity to document that the consent for the dispatch of the newsletters has been given in order to be able to prove this in case of doubt. Due to a legitimate interest we shall also store your confirmation of having taken note of our Data Privacy Statement, as we can document our compliance with data privacy and data protection duties this way.

Additional details such as your first and last name including title and your industry may be provided optionally. If you provide us with such data, we will use them to personalise our e-mails to you as well as to create a newsletter offer in your interest and benefit. Pursuant to Art. 6 (1) lit. a GDPR we shall be entitled to do so due to your consent given automatically by voluntarily supplying such data.

You can unsubscribe to newsletters at any time, via a link provided for this purpose in each newsletter or by e-mail notice to the following address: newsletter@bblaw.com

If you revoke your consent by unsubscribing from the newsletter, we shall erase the data you have provided in connection with the subscription of the newsletter insofar as there are no statutory retention responsibilities or we are not otherwise entitled to store.

b. Events

Should you provide us with your postal and/or electronic contact details (mailing and/or e-mail address) for this purpose, we will use such data to issue invitations to you to take part in events either organised by us or with our participation. By providing additional details such as your first and last name including title and your industry you allow us to personalise such invitations, taking account of your personal fields of interest.

If you register your participation in an event organised by us, we will use your personal information to confirm your registration and to prepare a list of participants. These lists of participants are forwarded to the respective speaker or event manager.

All of the processing operations described above are made strictly on the basis of your consent within the meaning of Art. 6 (1) lit. a GDPR. You may revoke your consent at any time with effect for the future. Upon revocation we will erase the personal information provided by you, insofar as there are no statutory retention periods or we are not otherwise entitled to storage.

4. Processing of applicant data

In the event that you apply for a job via our Website, we shall collect the following data during this process:

  • Title, last name, first name
  • E-mail address
  • Further information and documents such as cover letter, curriculum vitae, certificates, etc. which you have provided to us in context of your application

Your data will only be used for the decision on whether to establish an employment relation-ship with you and is internally forwarded only to the responsible contact persons who will decide on the staffing of the position you are interested in. If you do not apply for a specific vacancy (unsolicited application), we shall use your data with regard to all positions, vacant at the moment of your application, meeting your requirements.

We are entitled to processing these data pursuant to Art. 88 GDPR in conjunction with section 26 (1) 1 German Federal Data Protection Act.

We will erase your data after completion of the application process upon expiry of a retention period of 6 months. Any further storage shall be carried out only if you have given your consent to participate in the BEITEN BURKHARDT talent pool. We are using the talent pool when searching for suitable candidates. In this case all your data can be accessed and viewed by BEITEN BURKHARDT's practice groups and staff members involved in the application process to check whether your profile matches the requirements of current job vacancies. We shall erase your career data stored for the talent pool shall after 2 years, unless you request earlier erasure from us.

For more information please refer to the detailed Data Privacy Statement for Job Applicants under here.

5. Use of unsolicited data

Should you provide us in other cases with your personal data without being requested (e.g. handing over a business card, forwarding by post or e-mail), we shall include these data into the address management software and store it there. This is performed on the basis of Art. 6 (1) lit. f GDPR and our legitimate interest in an efficient management of business contact data as well as to ensure the data protection compliant use of such data. These data shall be erased if so requested by you, insofar as there are no statutory retention responsibilities or we are not otherwise entitled to store such data.

6. Use of Cookies

For the purpose of statistical analysis of our Internet offer, our Website generates so-called cookies which store and evaluate your visits to our Website. Cookies are small text files placed on your device to help the Website analyse how you use the site.

You can set your browser to inform you about cookies being set, to prevent cookies for certain cases or in general, or to allow the setting of cookies only in individual cases. You can also delete stored cookies in the options of your browser. Without cookies, however, the functionality of the website may be limited. You will find the relevant settings:

If clicking the link does not open the settings page, we recommend to manually copy the link and open it in a new tab or window of your browser.

Google Analytics

On this Website we also use Google Analytics, a web analysis service by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States, provided that you consent hereto. We use Google Analytics in order to analyse the use of our Internet offer and to improve it continuously with respect to the user experience. For this purpose, we require information and statistics on how visitors interact with the Website, which allows us to gain insight into how we could enhance the Website and make it more relevant and interesting for visitors.

Google Analytics utilizes cookies that are stored on your device for a maximum of 2 years. The information generated by the cookies on the Website use (including your IP address) is transmitted to servers of Google LLC in the United States and stored there. We use the extension “anonymizeIP()” on the Website to ensure that only an anonymized IP address (so-called masked IP address) will be stored. Therefore, your IP address is truncated within the Member States of the EU or other states which signed the Agreement on the European Economic Area, before being sent to a Google server in the United States. Only in an exceptional case the full IP address is sent to servers of Google LLC in the United States and truncated there.

Google LLC uses the mentioned information on our behalf in order to analyse the use of the services, to compile aggregated reports on the website activity and to provide us with other services related to the Website usage, such as evaluating which pages and sources led visitors to our Website. The data used for this will only be stored as long as is necessary for the aforementioned purposes, but at maximum for 50 months.

In the context of this analysis of our Internet offer, Google LLC also processes demographic information about the Website visitors (rough age group and gender) for us. In this respect, we only receive aggregated reports that do not relate to any identifiable person. We use these reports solely to analyse and improve the user experience when visiting the Website as described above. Please note that Google LLC may also process information on potential interests of visitors. However, we do not use such information and do not take a look at this information.

Google LLC also processes the aforementioned data collected via Google Analytics in accordance with their privacy policy, which you can find under https://policies.google.com/privacy. You will also find additional information on how Google handles personal data there.

For further details on the data processing within Google Analytics please visit https://marketingplatform.google.com/about/analytics/terms/de/ and, in particular for details on the implementation of the data subject's rights which you exercised, https://privacy.google.com/businesses/processorterms/.

You can prevent that cookies will be set altogether by selecting the corresponding settings in your browser (see above). Please note, however, that in this case you may not be able to use all functions of this Website to their full extend. You can also prevent that data generated by the cookie and related to your Website use (including your IP address) is collected, sent to Google LLC and processed by downloading and installing the browser plugin available here: https://tools.google.com/dlpage/gaoptout?hl=de. Please note that you have to reinstall the browser add-on to disable Google Analytics if your browser or device is deleted, formatted or reinstalled afterwards.

We activate Google Analytics only if you consent to the processing of your data via this service. Consequently, legal basis for this data processing connected to Google Analytics is Art. 6 (1) lit. a GDPR. You can revoke a previously granted consent for your respective device at any time with effect for the future by adjusting the cookie settings under the following link using the check boxes and buttons: Change your cookie settings.

Please be aware that there may be additional risks associated with the transfer of data to servers used by Google LLC in the United States, for example it might be more difficult to enforce your rights regarding this data. The EU Commission has adopted an adequacy decision (No. 2016/1250) regarding such data transfers to the United States, according to which companies that meet certain criteria ensure an adequate level of protection, also known as the "EU-US Privacy Shield". Google LLC has committed to comply with these criteria, so that any data transfer to Google LLC will be subject to and based on this adequacy decision. The transfer of data to Google LLC is therefore based on Art. 45 and 6 (1) lit. a GDPR.

7. YouTube Videos

In order to display content (such as videos) on our Website, we use the embedding feature of the YouTube video platform, which is operated by YouTube LLC, 901 Cherry Ave., San Bruno, CA 94066, United States ("YouTube"), a subsidiary of Google. When you access a section of our Website including YouTube content, a connection to servers of YouTube and Google is established. Thereby these companies obtain your IP address and also the fact that you have visited our Website, when you play the YouTube videos. If you are logged into your YouTube account, this information can also be directly linked to your personal profile. To prevent this, you can log out of your YouTube account beforehand.

YouTube also analyses the video views autonomously for statistical purposes, using in particular cookies, without us being able to deactivate or influence this analysis. We only embed the videos using the so-called enhanced privacy mode, so that YouTube does not set cookies until you play a video.

Further details on YouTube's and Google's data protection measures, in particular scope, purpose and means of their processing of data can be found in their privacy policy: https://www.google.de/intl/de/policies/privacy.

We use YouTube content to enhance the user experience on our Website. Legal basis for the embedding of YouTube content is Art. 6 (1) lit. f GDPR. Our legitimate interest is to optimise the Website in line with a comfortable and appealing visitor experience. The transfer to Google and YouTube is based on Art. 45 and 6 (1) lit. f GDPR. As explained above, an adequacy decision of the EU Commission exists regarding data transfers to the United States (EU-US Privacy Shield). YouTube is also among the companies committed to ensure an adequate level of data protection in accordance with the EU-US Privacy Shield.

8. Use of Facebook, Twitter, XING and LinkedIn plug-ins

The BEITEN BURKHARDT Blog uses so-called social media plug-ins of the following third party platforms:

  • Facebook
  • Twitter
  • XING
  • LinkedIn

To increase the protection of your data when visiting our Internet offer, the plug-ins are integrated into the site by means of the so-called "two-click solution" of Heise Online. Such integration assures that when a page of our Internet presence, containing such a plug-in, is retrieved a connection with the server of the respective provider has not yet been established. Your browser shall establish a direct connection to the server of the providers not before you have activated the plug-ins and thus given your consent to the data transfer. The related provider shall then directly transfer the content of the respective plug-in to your browser and integrate it into the page. Through integration of the plug-ins the provider are provided with the information that your browser has called up the corresponding page of our Internet presence, even if you have not registered a profile with the respective provider or you are right then just not logged into the services of the respective provider. Your browser shall immediately forward this information (including your IP address) to a server of the respective provider, if necessary to a non-European country and store it there.

Once you have logged into one of the services of the providers, these providers can assign your visit to our Internet presence to your profile / account with the respective provider. If you interact with these plug-ins, for example by clicking the Like button or the Twitter button, this information is also directly transferred to the server of the providers and stored there. The information will also be published on the social network or your social media account and is displayed there for your contacts. If you do not want the provider to directly link the infor-mation collected through our Internet presence to your profile / account with the respective social network, you must log out of the respective social network before activating the plug-ins.

For further information concerning the scope and purpose for which data is stored, processed and used by the providers, as well as for information on your respective rights and setting options to have your privacy respected, please refer to the corresponding privacy notices of the providers.

The legal basis for this type of processing is your consent within the meaning of Art. 6 (1) lit. a) GDPR.

9. Data privacy notice for participants in our online seminars

a. Collection of your data

As part of your registration for our online seminars, we process the following personal data about you:

  • First name and family name
  • E-mail address
  • Company/organisation

This is done in order to be able to plan and conduct the organisation of your participation in the online seminar and to be able to communicate with you, especially in response to your questions, before and after the seminar. Insofar as you have registered yourself for the online seminar, the legal basis for the processing of your data is Article 6 (1) lit. b) GDPR. Beyond that we claim a legitimate interest in terms of Article 6 (1) lit. f) GDPR.

Insofar as you provide voluntary information, we will subject to your consent collect also the following data for the above-mentioned purposes:

  • Job specification
  • Sector

b. Storing your data

Your data as well as additionally any questions you may have during the online seminar will be stored by us in the form of an Excel file for a maximum of six months, so that we can continue to respond to your questions afterwards.

In this respect we have a legitimate interest in terms of Article 6 (1) lit. f GDPR.

c. Sharing your data

We will share the data you provide with the respective speaker of the online seminar. This is done on the basis of the legitimate interest of the speaker who can evaluate the online seminar in this respect.

To the extent necessary in assisting you as our client, your data will also be passed on to the respective responsible professionals at BEITEN BURKHARDT. Also this case constitutes a legitimate interest.

d. Information material by e-mail

If you expressly give your consent, the data you provide will also be stored and used to send you BEITEN BURKHARDT information material, in particular in the form of invitations to events or information on new jurisdiction or the development of the legal situation. You may revoke this consent at any time.

C. Your Rights

In relation with our processing of your personal data you have the following rights:

a. Revocation of consents granted

You may revoke any consent you provided to us at any time with effect for the future.

b. Information

You are entitled to obtain information regarding your personal data recorded. In addition to that, you are entitled to have access to the information listed in Art. 15 GDPR.

c. Rectification and erasure

Furthermore, you have the right to rectification of inaccurate and completion of incomplete personal data in accordance with Art. 16 GDPR as well as erasure of your personal data if the conditions referred to in Art. 17 GDPR are met.

d. Restriction of processing

Under the conditions set out in Art. 18 GDPR you may restrict the processing of your personal data.

e. Disclosure of data and data transmission

Moreover, you have the right to receive the personal data concerning yourself, which you have provided to us, in a structured, commonly used and machine-readable format. You also have the right to have us transmit these personal data to another controller on your instruction, where technically feasible. The right to data transmission only relates to personal data, the processing of which is based on consent pursuant to Art. 6 (1) lit. a GDPR or on a contract pursuant to Art. 6 (1) lit. b GDPR, and where the processing is carried out by automated means. The right to data transmission to another controller shall be excluded if the rights and freedoms of others (e.g. personal data of third parties, our business and trade secrets or intellectual property rights) would be adversely affected.

The assertion of all rights specified above is generally free of charge for you.

In case of manifestly unfounded or, in particular because of their repetitive character, excessive applications relating to the rights under b. through e., we may, however, in accordance with Art. 12 (5) GDPR either

a. demand a reasonable compensation which takes into account administrative expenses for the communication or notification or the implementation of the requested action, or

b. refuse to act on the request.

Please contact our data protection officer for the exercise of your rights.

D. Obligation to Provide Data

There is no legal or contractual obligation to provide personal data to us. Such data which pursuant to B. above are designated as mandatorily required for the performance of the respective service, the provision is, however, necessary if you want to make use of these services.

E. Right to Complain

Should you believe that we are not acting in proper compliance with our data privacy and data protection duties, you may contact the data protection authorities at any time. The data protection commissioner responsible for us can be reached as follows:

Bayerisches Landesamt für Datenschutzaufsicht 
P.O. Box 606
91511 Ansbach

Phone: +49 (0) 981 53 1300
Telefax: +49 (0) 981 53 98 1300
E-mail: poststelle@lda.bayern.de

F. Updating of this Data Privacy Notice

From time to time it may be necessary to update this Data Privacy Notice, for instance, if new statutory or official requirements are adopted or new offers on our Internet presence are issued. We shall keep you informed about any developments on this page. We generally recommend reading this Data Privacy Notice regularly to check whether any changes were introduced. You will recognise whether any changes were made as the status at the bottom of this document indicates the last update

G. Printing and Saving this Data Privacy Notice

You can print and save this Data Privacy Notice immediately, for example through the print and save function of your browser.

Last updated: April 2020