Information on data processing in the Anwaltskanzlei Nieweg

definitions of terms

According to Art. 4 of the GDPR, personal data is all data that can be related to you personally, e.g. name, address or e-mail address. With regard to the other terms used below, such as “controller” or “processor”, we refer to the catalogue of definitions in Article 4 of the GDPR.

controller

The processing of personal data in connection with the provision of our legal services is carried out by the following company

Anwaltskanzlei Nieweg

Tulpenstr. 1

D – 33803 Steinhagen

(hereinafter referred to as “we”, “us”).

type of data processed

If you mandate us, we process the following personal data in the course of our advisory activities:

– Master data (e.g. name, address, contact information such as e-mail, telephone number and internet address),

– Mandate-related data (e.g. contracts, communication, delivery notes, evidence, witness data),

– Counselling data (e.g. contents of enquiries, counselling documentation, documents, file notes, legal opinions and legal assessments),

– Activity data (e.g. counselling documentation, proof of services, accounts as well as further information necessary for the assertion and defence of your rights within the scope of the mandate),

– as well as other data that you voluntarily provide to us within the scope of the mandate relationship.

Insofar as the scope of application of the Money Laundering Act is opened, we are obliged to collect and process further information, Section 2 (1) No. 10 GwG. The scope of application is opened if we

a) are involved in the planning or execution of the following transactions on behalf of the client:

aa) Purchase and sale of real estate or commercial enterprises,

bb) Management of money, securities or other assets,

cc) Opening or managing bank, savings or securities accounts,

(dd) raising the funds necessary for the formation, operation or management of companies,

(ee) establishing, operating or managing trusts, companies or similar structures,

(b) carry out financial or real estate transactions in the name and for the account of the client,

(c) advise the client with regard to the client’s capital structure, industrial strategy or related matters

(d) provide advice or services in connection with mergers or acquisitions; or

e) provide assistance in tax matters on a business basis.

This includes, among other things, information on your identity, on the beneficial owners, on the purpose and nature of the business relationship and the transactions carried out, as well as on the risk of money laundering. In the case of natural persons, we also make a copy of an official identification document of the client in order to fulfil our obligations under the Money Laundering Act in accordance with Section 8 (2) sentence 1 GwG. In the case of legal entities, we also collect the information required by the Money Laundering Act on the beneficial owners within the meaning of Section 3 of the Money Laundering Act.

Purpose of the processing

Unless otherwise stated, we process your personal data in order to fulfil our obligations under the underlying lawyer contracts. The legal basis is Art. 6 para. 1 p. 1 lit. b GDPR. This includes, in particular, the provision of appropriate extrajudicial legal advice, the conduct of correspondence with contractual partners, courts and opposing parties, invoicing, the settlement of any liability claims and the assertion of any claims against you. Furthermore, we process your personal data if this is necessary for the fulfilment of a legal obligation to which we are subject, e.g. from the Money Laundering Act (Art. 6 Para. 1 Sentence 1 lit. c in conjunction with §§ 10, 11, 12 Para. 1 and Para. 2 GwG). Furthermore, we may process your personal data within the scope of the following purposes:

a) Contacting us: If you contact us by e-mail, the data you provide (your e-mail address, name, telephone number and other details) will be stored by us in order to process and answer your questions; if a client relationship exists, Art. 6 para. 1 sentence 1 lit. b GDPR is the legal basis.

In the event that no client relationship exists, our legitimate interests in answering the contact request are the legal basis according to Art. 6 para. 1 p. 1 lit. f GDPR.

c) Client correspondence: From time to time, we may inform our clients about current developments in law and case law. In long-term client relationships, this is done in execution of the existing client relationship pursuant to Art. 6 (1) sentence 1 lit. b GDPR; otherwise, based on our legitimate interests pursuant to Art. 6 (1) sentence 1 lit. f GDPR, in order to inform our clients about current developments relevant to them.

d) Christmas and other greeting cards: If we know you personally and/or you have a client relationship with our law firm, we may send you greeting cards on special occasions, such as Christmas, on the basis of our legitimate interests pursuant to Art. 6 (1) sentence 1 lit. f GDPR. We assume that the recipients are pleased with the greetings on special occasions. If this is not the case, you can object to the sending of greeting cards in accordance with Art. 21 GDPR.

disclosure to third parties, categories of data recipients

We pass on your data to third parties within the framework of the fulfilment of our obligations arising from the underlying contracts in accordance with Art. 6 (1) sentence 1 lit. b DS-GVO, insofar as this is necessary for the processing of the client relationship. This concerns in particular the disclosure to opposing parties and their representatives as well as courts and other public authorities for the purpose of correspondence and the assertion and defence of your rights, and banking institutions for the processing of payments.

In addition, we use external technical service providers as processors in accordance with Art. 28 GDPR, who are carefully selected and monitored by us. A disclosure may also be made to the competent authority due to legal requirements, for example to report suspicious cases according to Section 43 GwG. The legal basis for the disclosure in this respect is Art. 6 para. 1 sentence 1 lit. c GDPR in conjunction with Section 43 GwG.

rights of the persons concerned

In principle, you have the right

– In accordance with Art. 7 (3) GDPR, you have the right to revoke your consent at any time. This means that we may no longer continue the data processing based on your consent in the future. A revocation has no influence on the permissibility of the previous processing;

– to request information about your personal data processed by us pursuant to Art. 15 GDPR. In particular, you can request information about (1) the purposes of processing, (2) the category of personal data, (3) the categories of recipients to whom your data have been or will be disclosed, (4) the planned storage period, (5) the existence of a right to rectification, erasure, restriction of or objection to processing, (6) the existence of a right of appeal, (7) the origin of your data, if it has not been collected from you, (8) as well as the existence of automated decision-making including profiling and, if applicable, meaningful information about its use. (7) the origin of your data if it has not been collected from you, (8) the existence of automated decision-making, including profiling, and, where applicable

– pursuant to Art. 16 GDPR, to request the correction of incorrect or incomplete personal data stored by us;

– request the erasure of your personal data stored by us pursuant to Art. 17 GDPR, 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 assertion, exercise or defence of legal claims;

– to request the restriction of the processing of your personal data in accordance with Art. 18 GDPR (1) insofar as the accuracy of the data is disputed by you, (2) the processing is unlawful, but you object to its erasure, (3) we no longer require the data, but you need it for the assertion, exercise or defence of legal claims.

– object to the processing pursuant to Art. 21 GDPR:

Insofar as we base the processing of your personal data on the balance of interests pursuant to Art. 6 (1) sentence 1 lit. f GDPR, you may object to the processing. When exercising such an objection, we ask you to explain the reasons why we should not process your personal data as we have done. In the event of your justified objection, we will examine the merits of the case and either discontinue or adapt the data processing or show you our compelling legitimate grounds on the basis of which we will continue the processing.

– In accordance with Art. 20 GDPR, you have the right to receive your personal data that you have provided to us in a structured, common and machine-readable format or to request that it be transferred to another controller; and

– complain to a supervisory authority in accordance with Art. 77 GDPR. As a rule, you can contact the supervisory authority of your usual place of residence or workplace or our registered office.

Duration of storage of personal data resp. criteria for the duration of storage

We delete personal data after and insofar as the storage is no longer necessary for the processing or execution of the mandate and no legitimate interests or legal obligations on our part, such as the obligation to carry out a conflict of interest check according to § 43a paragraph 4 BRAO, or legal retention obligations (§ 147 AO, § 257 HGB, § 14b UStG) oppose a deletion. Accordingly, deletion generally takes place 5 to 10 years after the end of the client relationship, in the case of titled claims after 30 years.