DATA PROTECTION DECLARATION ON THE MANDATE AGREEMENT AND FURTHER PERFORMANCE OF TASKS
BEITEN BURKHARDT Rechtsanwaltsgesellschaft mbH is placing great value on the protection of your individual privacy and the data protection compliant processing of your data. Below you will therefore find information on our handling of your personal data and your rights in this respect.
A. Verantwortliche Stelle / Datenschutzbeauftragter
A. Controller / 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 Article 4 (7) of the General Data Protection Regulation (GDPR).
In this function we can be reached as follows:
BEITEN BURKHARDT Rechtsanwaltsgesellschaft mbH
Phone: +49 89 35065-0
Fax: +49 89 35065-123
B. Nature and Scope of Data Processing
Which data do we process?
If we advise you in the performance of our tasks, we may process the following personal data from you:
- Title, first name, last name
- E-mail address
- Address (street, number, zip code, city, country)
- Telephone number (landline and/or mobile)
- Identity card number /Passport number, date of birth, place of birth, nationality
- Further information required for the performance of tasks
For which purpose do we process your data?
The processing of these data is carried out for the following purposes:
- Identification as our client
- Appropriate legal advice and representation as lawyer and/or tax advisor
- Fulfilment of our contractual and legal obligations, for instance in the context of archiving obligations or to carry out money laundering checks
- If necessary, carrying out a video identification procedure as part of the money laundering check
- Correspondence with you, including sending newsletters and client information by e-mail and post
- Invoicing of our fees
- Processing of any existing liability claims as well as assertion of any claims against you
- Execution of wills, including the examination of enforceability (will, dispositions) during the testator's lifetime as designated executor
- Settlement of the community of heirs
- Setting up family-owned companies and family foundations
- Permanent administration of the estate assets to protect the heirs
- Regulation of compulsory portion claims
- Support and handling of company (sales) acquisitions
- Cross-generational asset planning, if necessary, with preservation of core business assets and valuation of company assets
- Drafting wills, inheritance, and marriage contracts
- Exercising a lasting power of attorney to protect your assets during your lifetime
- Establishment and management of foundations
- Asset protection
- Realisation of tax structuring options / usufruct / matrimonial property regime swing
- Dispute resolution and mediation
What is the legal basis for our processing of your data?
The data processing described above is generally carried out in accordance with your instructions and is necessary for the appropriate performance of tasks and for the mutual fulfilment of obligations arising from this contractual relationship. We are thus entitled to such processing of data pursuant to Article 6 ;(1) lit. b GDPR.
Insofar as we are subject to legal obligations as lawyers or tax advisors, for instance when archiving data, Article 6 (1) Sentence 1 lit. c) GDPR serves as the legal basis for data processing.
If we have to carry out a money laundering check before accepting an assignment and you go through the video identification procedure of our service provider IDnow GmbH for this purpose, we process your personal data on the basis of your consent in accordance with Article 6 (1) Sentence 1 lit. a) GDPR. This consent is voluntary and can be revoked at any time with effect for the future. As an alternative to using the video identification procedure, you can personally present an ID document to us for verification. We then process the resulting personal data on the basis of Article 6 (1) sentence 1 lit. c) GDPR.
If you have given your consent to this, we may also process your e-mail address to keep you up to date on current legislative developments or judgements as well as events organised by our law firm. In this case the legal basis is Article 6 (1) Sentence 1 lit. b) GDPR. Your consent is voluntary. You may revoke your consent at any time with effect for the future.
Insofar as data processing is necessary to safeguard our legitimate interests or those of a third party, for instance to maintain and deepen business relationships, and your own interests, fundamental rights and freedoms do not outweigh the non-processing, the legal basis for data processing is Article 6 1) Sentence 1 lit. f) GDPR.
How long do we store your data?
The personal data collected by us for the assignment will be stored in accordance with the retention and documentation obligations under professional, tax and commercial law until 10 years after the end of the calendar year in which the assignment was completed and then deleted. We will only store your personal data for an even longer period if this is required by further legal provisions in individual cases or if you have consented to longer storage, Article 6 (1) Sentence 1 lit. a) GDPR. Such consent is also voluntary; you can revoke it at any time with effect for the future.
To whom do we transfer your data?
Your personal data may also be transferred to the following recipients or categories of recipients in the course of the performance of tasks, in particular for the purpose of correspondence and for the assertion, defence and safeguarding of your rights:
- Other authorities (such as tax authorities)
- Social security insurance carriers
- Bundesanzeiger Verlag GmbH (Federal Gazette)
- Banks and credit institutions
- Professional associations
- Our cooperation partners (here in particular BBWP GmbH, Cecilienallee 7, 40474 Dusseldorf);
- Opposing litigants and their legal or tax advisor representatives;
- the e-mail dispatch service provider acting for us as processor;
- the service providers working for us as processors in providing our IT infrastructure and ensuring our IT security;
- the service provider working for us as a processor for the implementation of video identification procedures IDnow GmbH, Auenstrasse 100, 80469 Munich.
All service providers acting as processors have been bound to secrecy in accordance with our professional duty of confidentiality (Section 43a (2) BRAO, Section 5 BOStB, Section 203 StGB).
Do we also transfer your data to a so-called "third country"?
Data may be transferred to the following third countries outside the European Economic Area as part of our performance of tasks:
- Isle of Man
- New Zealand
- South Korea
- United Kingdom
There is an adequacy decision by the European Commission for these third countries. The transfer thus takes place based on Article 45 GDPR.
In addition, data may be transferred to the United States of America - USA. An adequacy decision exists for this only insofar as the recipient to whom the personal data is transferred is certified under the EU-US Data Privacy Framework. In this case the transfer also takes place on the basis of Article 45 GDPR. If there is no certification, the transfer takes place based on Article 49 1) Sentence 1 lit. b) GDPR (see also below).
As part of our performance of tasks, data may in addition be transferred to the following third countries outside the European Economic Area:
There is no adequacy decision by the European Commission for these third countries. However, we are entitled to transfer data in accordance with Article 49 (1) Sentence 1 lit. b) GDPR, as the transfer is necessary for the fulfilment of the contract concluded with you and only takes place outside the ordinary course of business.
The attorney-client privilege or tax advisor privilege remains unaffected. Insofar as data are concerned that are subject to the attorney-client privilege or the tax advisor privilege, disclosure of data to third parties shall be subject to prior consultation with you.
C. Your Rights
In relation to our processing of your personal data you have the following rights:
a. Revocation of Consents Granted
You may withdraw your consent at any time with effect for the future.
You have the right to request confirmation from us as to whether we are processing personal data relating to you. Insofar as we process personal data concerning you, you are entitled to information about the information listed in Article 15 GDPR.
c. Rectification and Erasure
You further have the right to rectification of inaccurate and completion of incomplete personal data in accordance with Article 16 GDPR as well as erasure of your personal data if one of the grounds referred to in Article 17 GDPR applies.
d. Restriction of Processing
Subject to the requirements set out in Article 18 GDPR you have the right to restrict of the processing of your personal data.
Pursuant to Article 21 GDPR you are entitled to exercise your right to object to the processing of your personal data at any time on grounds relating to your situation, insofar as such processing is carried out based on Article 6 (1) Sentence 1 lit. e) or lit. f) GDPR. In the event of such objection, we will no longer process these data, unless we 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 we process your personal data for direct marketing purposes (e.g. to send you newsletters), you have the right to object at any time to the processing of your personal data for the purpose of such marketing measures. In this case, we will no longer process your personal data for direct marketing purposes.
f. Disclosure of Data and Data Transmission
In addition, 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 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 Article 6 (1) Sentence 1 lit. a) GDPR or on a contract pursuant to Article 6 (1) Sentence 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 (such as personal data of third parties, our business and trade secrets or intellectual property rights) would be adversely affected.
You can exercise all the above rights generally free of charge.
In the event of manifestly unfounded or, in particular because of their repetitive character, excessive requests relating to the rights under lit. b) through to lit. f), we may, however, in accordance with Article 12 (5) GDPR either
(i) demand a reasonable compensation which considers administrative expenses for the communication or notification or the implementation of the requested action, or
(ii) refuse to act on the request.
To exercise your rights, please contact the contact addresses given above or our Data Protection Officer directly.
D. Obligation to Provide Data
There is no legal or contractual obligation to provide personal data to us. Insofar as you do not provide us with data relevant for the performance of tasks, this may, however, entail that we cannot perform our services in full or not at all.
E. Right to Complain
Should you feel that we are not acting in proper compliance with our data privacy duties, you may contact the data protection authorities at any time. You can contact the state data protection officer ultimately responsible for us as follows:
Bayerisches Landesamt für Datenschutzaufsicht
PO Box 1349
Phone: +49 (0) 981 180093-0
Fax: +49 (0) 981 180093-800
Last update: November 2023