data protection

ue to the European Data Protection Regulation, we are obliged to provide the following information and explanation. Roughly speaking, this means that when you visit our website, the website server recognises your IP address (access point to the Internet). In doing so, it may collect data that is usually deleted after your visit (or should be).

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In this declaration, we refer to a sample letter from Professor Dr Thomas Hoeren and colleagues at the DFN Association's Legal Research Centre.
Our website is hosted by the provider "WIX". You can reach them at https://www.wix.com/.

Data Protection Regulation:

I. Name and address of the data protection officer
The association does not have a data protection officer as it has no employees. Otherwise, all members of the executive committee are responsible for data protection.
 

II. General information on data processing

1. Scope of processing personal data
Our website processes (without our intervention) personal data of our users only to the extent necessary to provide a functional website and our content and services. The processing of personal data of our users is carried out regularly only with the consent of the user. An exception applies in cases where prior consent cannot be obtained for practical reasons and the processing of the data is permitted by law.

 

2. Legal basis for the processing of personal data
Insofar as one of our computers obtains the consent of the data subject for the processing of personal data, Article 6(1)(a) of the EU General Data Protection Regulation (GDPR) serves as the legal basis.
Where the processing of personal data is necessary for compliance with a legal obligation to which my company is subject, Art. 6(1)(c) GDPR serves as the legal basis.
If processing is necessary to safeguard a legitimate interest of our association or a third party and if the interests, fundamental rights and freedoms of the data subject do not outweigh the former interest, Art. 6 para. 1 lit. f GDPR serves as the legal basis for processing.
 

3. Data deletion and storage period
The personal data of the data subject will be deleted or blocked as soon as the purpose of storage no longer applies. Storage may also take place if this has been provided for by European or national legislators in EU regulations, laws or other provisions to which the controller is subject. The data will also be blocked or deleted if a storage period prescribed by the aforementioned standards expires, unless there is a need for further storage of the data for the conclusion or fulfilment of a contract.

III. Provision of the website and creation of log files

1. Description and scope of data processing
Each time our website is accessed, the computer automatically collects data and information from the computer system of the accessing computer.
The following data is collected:

• Information about the browser type and version used

• The user's operating system

• The user's internet service provider

• The user's IP address

• Date and time of access

• Websites from which the user's system accesses my website

• Websites accessed by the user's system via our website

This means that you cannot normally be personally identified. However, this data is stored in our system's log files. This data is not stored together with other personal data relating to the user. The DLV itself does not use the transmitted data in any way, except in the case of e-mail messages (see above).
 

2. Legal basis for data processing
The legal basis for the temporary storage of data and log files is Art. 6 para. 1 lit. f GDPR.

3. Purpose of data processing
The temporary storage of the IP address by the system is necessary to enable the website to be delivered to the user's computer. For this purpose, the user's IP address must remain stored for the duration of the session.
The data is stored in log files to ensure the functionality of the website. In addition, the data is used to optimise the website and to ensure the security of our information technology systems. The data is not evaluated for marketing purposes in this context.
These purposes also constitute the legitimate interest in data processing pursuant to Art. 6(1)(f) GDPR.

4. Duration of storage
The data will be deleted as soon as it is no longer required for the purpose for which it was collected. In the case of data collection for the provision of the website, this is the case when the respective session has ended.
In the case of data storage in log files, this is the case after seven days at the latest. Storage beyond this period is possible. In this case, the IP addresses of the users are deleted or alienated so that it is no longer possible to assign the calling client.

5. Right to object and right to erasure
The collection of data for the provision of the website and the storage of data in log files is essential for the operation of the website. Consequently, there is no right to object on the part of the user.


IV. Use of cookies

Our website does not use cookies. Therefore, no data is collected or stored by us.

 

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V. E-mail contact

The protection of your data is important to us. This is a matter of trust. We therefore expressly assure you that we will use your stored e-mail addresses exclusively for our e-mail correspondence and will not pass them on to third parties. We use blind copies for circulars.
If you do not wish to be contacted in this way, please let us know immediately:

VI. Web analysis

The DLV does not use web analysis tools such as Google Analytics on its website. We therefore do not collect, store or process any data.

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VII. Rights of the data subject
 

The following list includes all rights of data subjects under the GDPR. Rights that are not relevant to my website do not need to be mentioned. In this respect, the list can be shortened.
If your personal data is processed, you are a data subject within the meaning of the GDPR and you have the following rights vis-à-vis the controller (server):
 

1. Right to information

 

You can request confirmation from the controller as to whether personal data concerning you is being processed by us.

If such processing is taking place, you may request the following information from the controller:

1. the purposes for which the personal data is processed;

2. the categories of personal data that are processed;

3. the recipients or categories of recipients to whom the personal data concerning you has 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 storage period;

5. the existence of a right to rectification or erasure of the personal data concerning you, a right to restriction of processing by the controller or a right to object to such processing;

6. the existence of a right to lodge a complaint with a supervisory authority;

7. all available information on the origin of the data, if the personal data is not collected from the data subject; 

8. the existence of automated decision-making, including profiling, pursuant to Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.

You have the right to request information about whether personal data concerning you is being transferred to a third country or to an international organisation. In this context, you may request to be informed about the appropriate safeguards pursuant to Art. 46 GDPR in connection with the transfer.

2. Right to rectification
You have the right to obtain from the controller the rectification and/or completion of your personal data if it is inaccurate or incomplete. The controller shall carry out the rectification without delay.

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3. Right to restriction of processing
Under the following conditions, you may request the restriction of the processing of personal data concerning you:

1. if you contest the accuracy of the personal data concerning you for a period enabling the controller 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. the controller no longer needs the personal data for the purposes of the processing, but they are required by you for the establishment, exercise or defence of legal claims; or

4. if you have lodged an objection to the processing pursuant to Article 21(1) GDPR and it is not yet clear whether the legitimate grounds of the controller override your grounds

If the processing of personal data concerning you has been restricted, such data may – apart from its storage – only be processed with your consent or for the assertion, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or a Member State.
If the restriction of processing has been restricted in accordance with the above conditions, you will be informed by the controller before the restriction is lifted.
 

4. Right to erasure

a) Obligation to erase
You may request that the controller erase your personal data without undue delay, and the controller is obliged to erase such data without undue delay if one of the following reasons applies:

1) The personal data concerning you is no longer necessary for the purposes for which it was collected or otherwise processed.
2) You withdraw your consent on which the processing was based in accordance with Art. 6(1)(a) or Art. 9(2)(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 erasure of the personal data concerning you is necessary for compliance with a legal obligation under Union law or the law of the Member States to which the controller is subject.
6) The personal data concerning you has been collected in relation to the services offered by information society services pursuant to Article 8(1) of the GDPR.
b) Information to third parties
If the controller has made the personal data concerning you public and is obliged to erase it pursuant to Art. 17(1) GDPR, it shall take reasonable steps, including technical measures, taking into account the available technology and implementation costs, to inform 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.
c) Exceptions
The right to erasure does not apply if processing is necessary
1) for exercising the right of freedom of expression and information;
2) for compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
3) for reasons of public interest in the area of public health pursuant to Art. 9(2)(h) and (i) and Art. 9(3) GDPR
4) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes pursuant to Art. 89(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 this processing, or
5) for the establishment, exercise or defence of legal claims.
 

5. Right to information
If you have exercised your right to rectification, erasure or restriction of processing vis-à-vis the controller, the controller is obliged to notify all recipients to whom your personal data has been disclosed of this rectification or erasure of the data or restriction of processing, unless this proves impossible or involves disproportionate effort.
You have the right to be informed by the controller about these recipients.

 

6. Right to data portability
You have the right to receive the personal data concerning you that you have provided to the controller in a structured, commonly used and machine-readable format. You also have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where

1. the processing is based on consent pursuant to Art. 6(1)(a) GDPR or Art. 9(2)(a) GDPR or on a contract pursuant to Art. 6(1)(b) GDPR, and

2. the processing is carried out using automated means.

In exercising this right, you also have the right to have the personal data concerning you transmitted directly from one controller to another, where 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 the controller.
 

7. Right to object
You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out on the basis of Article 6(1)(e) or (f) of the GDPR; this also applies to profiling based on these provisions.
The controller shall no longer process the personal data concerning you unless the controller can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.

If your personal data is processed for direct marketing purposes, you have the right to object at any time to the processing of your personal data for such marketing purposes; this also applies to profiling insofar as it is related to such direct marketing.
If you object to processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes.
You have the option, in connection with the use of information society services – notwithstanding Directive 2002/58/EC – to exercise your right to object by means of automated procedures using technical specifications.

8. Right to revoke your declaration of consent under data protection law
You have the right to revoke your declaration of consent under data protection law at any time. Revoking your consent does not affect the legality of the processing carried out on the basis of your consent prior to revocation.
 

9. Automated decision-making in individual cases, 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 the controller

2. is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interests, or

3. with your explicit consent.

However, these decisions may not be based on special categories of personal data pursuant to Art. 9(1) GDPR, unless Art. 9(2)(a) or (g) GDPR applies and appropriate measures have been taken to protect your rights and freedoms and legitimate interests.
With regard to the cases referred to in (1) and (3), the controller shall take appropriate measures to safeguard your rights and freedoms and legitimate interests, including at least the right to obtain human intervention on the part of the controller, to express your point of view and to contest the decision.

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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 of the progress and outcome of the complaint, including the possibility of a judicial remedy under Article 78 of the GDPR.

X. Obligations of the person concerned

1. No warning without contact!
In the event of claims of any kind arising from copyright, competition, trademark and data protection matters, we ask you to contact us immediately in order to avoid unnecessary legal disputes, warnings and costs. If claims of the above-mentioned type are asserted, we hereby agree to remedy the situation before a final legally binding clarification, thereby bindingly excluding any risk of repetition. Any costs incurred for a lawyer's warning letter without prior contact would then be rejected on the grounds of failure to comply with the obligation to mitigate damages.
Unnecessary or unjustified warnings and follow-up measures in this sense would be responded to with a negative declaratory action. This also applies to warnings that fall under Section 8 (4) UWG (German Unfair Competition Act). Should the content or design of these pages infringe the rights of third parties or statutory provisions, please notify us accordingly. The removal of any infringement of property rights originating from these pages by the property right holders themselves may not take place without my consent.

XI. Severability clause

1. Legal validity of this declaration
Should parts or individual formulations of this text not, no longer or not completely correspond to the applicable legal situation, the remaining parts of the document remain unaffected in their content and validity.