1. Responsible person
The person responsible according to Art. 4, para. 7, EU General Data Protection Regulation (hereinafter GDPR) is
clover law Rechtsanwälte Gamer Siegmund Partnerschaft mbB Rückerstraße 4 10119 Berlin Phone: +49 (0) 30 2804733-0 Fax: +49 (0) 30 40042690 firstname.lastname@example.org
Inquiries to our data protection officer can be addressed to us via email@example.com or via our postal address with the addition "legal matter concerning data protection".
2. General information on data processing
As a matter of principle, we collect and use personal data of our users only to the extent necessary to provide a functional website and for our services as lawyers. Personal data is all information relating to an identified or identifiable natural person (hereinafter referred to as "data subject").
The collection and use of personal data of our users is always in accordance with the GDPR and the applicable country-specific data protection regulations. If it is necessary to process personal data and such processing is not permitted by legal regulations, we always obtain the consent of the person concerned.
Personal data will not be passed on to third parties unless one of the following conditions is met:
-You have expressly given your consent in accordance with Art. 6, para. 1, sentence 1 lit. a GDPR,
-there is a legitimate interest of the person responsible or a third party in the disclosure and no reason to assume that you have an overriding interest worthy of protection in not disclosing your data (Art. 6, para. 1, sentence 1, lit. f GDPR),
-there is a legal obligation to pass on the data in accordance with Art. 6, para. 1, sentence 1, lit. c GDPR,
-the disclosure is permitted by law and is required in accordance with Art. 6, para. 1, sentence 1, lit. b GDPR to fulfil a contract with you.
3. Notes on data processing when visiting our website
When you visit our website www.cloverlaw.de, information is automatically transmitted to the server of our website by the browser you use.
The following information is recorded and stored until automatic deletion:
-IP address of the requesting computer,
-date and time of access,
-name and URL of the retrieved file,
-the referrer URL, i.e. the website from which the access was made,
-information about the type of browser used,
-the operating system of your computer,
-the name internet service provider.
The legal basis for the processing is Art. 6, para. 1, sentence 1, lit. f GDPR. The legitimate interest in the processing lies in the technical feasibility of calling up the website, the optimized presentation of the contents to the user and the future further improvement/optimization of the website.
7. Contact via our website
Our service allows you to contact us. This can be done, for example, by providing a telephone number or sending us an e-mail (contact button).
The information you provide when contacting us, such as your name, address, e-mail address and telephone number, will be stored in order to process your enquiry and any subsequent correspondence.
The legal basis of the processing is Art. 6, para. 1, lit. b (for the performance of a contract) or Art. 6, para. 1, lit. f GDPR. The legitimate interest within as per the GDPR is the processing and answering of your contact.
Insofar as inquiries relate to the establishment of a client relationship, we process the related personal data in accordance with Section 9 of this data protection declaration.
8. Data processing for job applications
If you apply for a job with us, we process the information you provide, in particular your first and last name, your e-mail address, your postal address, your telephone number and the information contained in any application documents such as cover letter, CV and certificates ("application data").
The data you provide us with in the context of your application will be processed exclusively for the purpose of processing this application. We always treat your application data confidentially.
The legal basis for the described processing of your application data is Art. 6, para. 1, sentence 1, lit. b and Art. 88, para. 1 GDPR in connection with Art. 26, para. 1, sentence 1 BDSG.
If your application is successful and leads to an employment relationship, the data is transferred to your personnel file. The data is stored as long as it is necessary for the employment relationship and as long as legal regulations require it to be stored. The legal basis for this processing is also Art. 6, para. 1, sentence 1, lit. b and Art. 88, para. 1 GDPR in conjunction with Art. 26, para. 1, sentence 1 BDSG.
If your application is unsuccessful, we always store your application data for a maximum of 6 months after completion of the relevant application procedure in order to be able to defend ourselves against any legal claims. The legal basis for this storage is Art. 6, para. 1, sentence 1 lit. f GDPR. Our legitimate interest in this context derives from the burden of proof in proceedings.
The documents you submit in the context of the application may contain personal data that fall under "special categories of personal data" as per Article 9 GDPR ("sensitive data"). These are personal data which may reveal the racial or ethnic origin, political opinion, religion or belief, trade union membership, genetic make-up or biometric data, state of health or information about the sexual life or sexual orientation of a natural person.
As a rule, we do not require any special categories of personal data as per Art. 9 GDPR for the application process. We therefore ask you not to send us any such information in advance. Should such information be relevant in exceptional cases, we will inform you accordingly.
In the event that your application nevertheless contains sensitive data, we ask you for your express consent to process this data for the purpose of processing the application. You are free to decide whether you wish to give this consent. This consent can be revoked at any time. The revocation of consent does not affect the lawfulness of that processing which was carried out prior to the revocation on the basis of consent. However, we would like to point out that in the event that your application has led to employment, the further processing of the sensitive data (also) contained in the application may be necessary in order to exercise rights and fulfil obligations arising from labor law and social security and social protection law, and may therefore be justified under Art. 9, para. 2, lit. b GDPR even without your consent.
The legal basis for the processing of sensitive data in the case of your consent is Art. 9, para. 2, lit. a GDPR; in case of employment, the relevant processing will be based on Art. 9, para. 2, lit. b GDPR and Art. 26, para. 3 BDSG.
Please note that your application cannot be considered if your application documents contain sensitive data and you do not consent to their processing or revoke your consent.
9. Notes on data processing in our legal work
a) Personal data of our clients and their legal representatives
Even in the case of a mandate, we usually collect and process the following personal data:
contact information of the inquirer and any other persons associated with the client, in particular their first and last names, if applicable title, company and business name, addresses, telephone numbers (fixed and/or mobile), e-mail addresses,
data for invoicing, e.g. tax numbers and VAT identification numbers of the clients and
any personal data contained in the facts communicated to us.
In the course of processing a mandate, we store and collect further information, including personal data, which is necessary or useful for the consultation. In addition, we may process - insofar as necessary for the provision of our services - personal data which we permissibly obtain from publicly accessible sources (e.g. trade and association registers, Internet, press) or which are legitimately transmitted to us by third parties (e.g. contractual partners and their representatives).
All data is recorded and processed by clover law in a lawyer software for electronic client and mandate files.
In this context, the collection and further processing of this data is carried out exclusively for the purpose of establishing and executing the mandate relationship and for the fulfilment of the mandate contract or for the implementation of pre-contractual measures, which are carried out at the request of the person concerned, as well as for the purpose of billing the services provided.
The legal basis for the processing is Article 6 (1), first sentence, lit. b GDPR, Article 6 (1), first sentence, lit. c GDPR and Article 6 (1), first sentence, lit. f GDPR. Our legitimate interest results from the aforementioned purposes.
b) Processing of personal data of third parties
In providing legal services, clover law also processes personal data of third parties, such as those of claimants, opponent representatives, contact persons of authorities, courts and service providers, business contacts etc. This includes in particular contact data (names, addresses, telephone and fax numbers, e-mail addresses, etc.) as well as client-related information, which may also include personal data.
These data are partly collected and processed directly from the persons concerned and partly collected and processed elsewhere, in each case, exclusively for the purpose of providing our services to our clients.
The legal basis of the processing is, in particular, Article 6 (1), first sentence, lit. f GDPR. Our legitimate interest lies in the proper and effective provision of legal advice and representation services to clients. The processing may also be based on Art. 6, para. 1, sentence 1, lit. c GDPR if it is necessary to fulfil a legal obligation or on § 24, para. 1, no. 2 BDSG if it is necessary to assert, exercise or defend civil law claims. If there is a contractual agreement between clover law and the data subject, the processing can be based on Art. 6, para. 1, sentence 1, lit. b GDPR.
c) Recipients of personal data
During the processing of mandates, personal data is transferred to service providers, who process it for a specific purpose on behalf of clover law in accordance with Art. 28 GDPR on the basis of a contract for order processing, in accordance with Art. 28, Par. 3 GDPR. These include IT service providers, especially with regard to any software for attorneys that is used and the technical infrastructure used, as well as service providers for financial bookkeeping and accounting. All service providers working for clover law have committed themselves to secrecy in writing, as far as they come or could come into contact with information subject to secrecy in connection with any work they perform for clover law.
In addition, personal data may be transferred to third parties while the mandate is being processed, who themselves are not processors of the data. This concerns, in particular, recipients from the following categories: opponents and opponent representatives, courts, authorities, bailiffs, correspondence lawyers and sub-advocates, translation service providers, research service providers, consulates, embassies, etc.
The legal basis for such a transfer to third parties is Art. 6, para. 1, sentence 1, lit. b GDPR, if and insofar as the transfer is necessary for the fulfilment of the mandate contract, Art. 6, para. 1, sentence 1, lit. a GDPR, if this is covered by the client's consent, or Art. 6, para. 1, sentence 1, lit. f GDPR, if the transfer is necessary to safeguard the legitimate interests of clover law or a third party, in particular clients, and if the interests or fundamental rights and freedoms of the person concerned that require the protection of personal data do not outweigh the interests or fundamental rights and freedoms of the person concerned.
d) Transfer to third countries
clover law does not transfer personal data of visitors to our website or applicants to recipients in countries outside the European Economic Area.
Within the scope of processing mandates, we transmit personal data to recipients in countries outside the European Economic Area only to the extent that this is covered by the express consent of the data subjects (Art. 49, para. 1, sentence 1, lit. a GDPR), is necessary for the establishment and/or execution of the mandate agreement existing with the data subject (Art. 49, para. 1, sentence 1, lit. b GDPR), is necessary for the conclusion or performance of a contract concluded by us with another natural or legal person in the interests of the person concerned, in particular in the interests of our clients (Art. 49, para. 1, sentence 1, lit. c GDPR), or is necessary for the assertion, exercise or defense of legal claims (Art. 49, para. 1, sentence 1, lit. e GDPR)
e) Duration of storage
The statutory period for the retention of files of lawyers is currently six years, beginning at the end of the calendar year in which the mandate was concluded; otherwise, the general statutory tax and/or commercial law retention periods apply. Clover law will store the personal data relating to the client and the mandate at least for the duration of these periods.
Clover law also processes client- and mandate-related personal data in individual cases even beyond these legal retention periods. This is often expedient in the case of long-term client relationships in order to be able to incorporate the information into current and future advice or to be able to provide our clients with information on this at a later date. Furthermore, in certain cases it may be appropriate to retain data and documents for the purpose of enforcing or defending claims as long as the enforcement or defense of these claims is still possible according to §§ 195ff. of the German Civil Code. In addition, the processing is carried out beyond the statutory retention periods for the purpose of identifying and preventing so-called conflicts of interest when taking on new mandates and for providing information, also with regard to completed mandates, to clients.
The legal basis is Art. 6, para. 1, sentence 1, lit. f GDPR. The legitimate interest results from the above-mentioned purposes.
10. Rights of data subjects
As a data subject, you are entitled to the following rights in relation to the person responsible. If you wish to exercise any of these rights, please contact the data controller using the contact details given in Section I.
a) Right to information (Art. 15 GDPR)
You have the right to demand information from us as to whether and, if so, in what way we process personal data relating to you. Upon request, we will provide you with a digital copy of this data.
The aforementioned right to information may be limited or excluded under certain legal conditions. In particular, according to § 29, para. 1, sentence 2 BDSG, a right to information is not given if the information would reveal information which must be kept secret according to a legal provision or by its nature, in particular because of the predominant legitimate interests of a third party. A legal provision in this sense is § 43a, paragraph 2 BRAO and § 203, paragraph 1, No. 3 StGB. In the event of an enquiry, we will point this out to you separately if necessary.
b) Right of rectification (Art. 16 GDPR)
You have the right to have your personal data corrected and/or completed without delay vis-à-vis the controller if the processed personal data concerning you is incorrect or incomplete.
c) Right of cancellation (Art. 17 GDPR)
You can request the deletion of your data stored with us
if the data are no longer necessary for the purposes for which they were collected or processed,
you have revoked your consent and there is no other legal basis for the processing,
you lodge an objection in accordance with Art. 21, Para. 1 GDPR and there are no overriding legitimate reasons for processing them, or
you file an objection in accordance with Art. 21, Para. 2 GDPR,
the personal data have been processed unlawfully
the deletion is necessary to fulfil a legal obligation, or
the personal data has been collected in relation to the information society services offered in accordance with Art. 8, para. 1 GDPR.
This right of deletion shall not apply insofar as the processing is necessary for the exercise of the right to freedom of expression and information; to fulfil a legal obligation; for reasons of public interest; or for the assertion, exercise or defense of legal claims.
d) Right to restrict processing (Art. 18 GDPR)
You may request the restriction of the processing of personal data concerning you if
-the accuracy of the personal data provided by you is disputed for the duration of the verification of its accuracy by the person in charge,
-the processing is unlawful, and you request the restriction of use instead of deletion;
-the data controller no longer needs the data, but you need the data to assert, exercise or defend legal claims, or
-you have lodged an objection to the processing pursuant to Art. 21, Par. 1 DPA and it has not yet been established whether legitimate reasons on the part of the controller outweigh your reasons.
Where the processing of personal data relating to you has been restricted, such data may be processed, with the exception of storage, only with your consent or for the purpose of pursuing, exercising or defending legal claims or protecting the rights of another natural or legal person or on grounds of an important public interest of the Union or of a Member State.
If the restriction on processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.
e) Right to data transferability (Art. 20 GDPR)
You have the right to receive your personal data that you have provided us with in a structured, common, machine-readable format or to request that it be transferred to another responsible party.
f) Right of appeal (Art. 21 GDPR)
If your personal data are processed on the basis of legitimate interests in accordance with Art. 6, Paragraph 1, sentence 1, lit. e or f GDPR, you have the right to object to the processing of your personal data if there are reasons for doing so arising from your particular situation. If the objection is directed against direct advertising, you have a general right of objection, which will be implemented by us without indicating a special situation.
g) Right to withdraw consent (Art. 7 para. 3 GDPR)
You have the right to revoke the consent you have given us at any time, with the consequence that we may no longer continue the data processing based on this consent in the future.
h) Right of appeal (Art. 77 GDPR)
You have the right to complain to a regulatory body. To do so, you can contact the supervisory authority in your place of residence or workplace or the supervisory authority responsible for us.