II. Notes on data processing at KUHLEN Partnerschaft von Rechtsanwälten mbB
1. Name and contact details of data controller
The person responsible for processing personal data pursuant to Art. 4 of the GDPR:
KUHLEN Partnerschaft von Rechtsanwälten mbB
+49 (0)30 65777160
2. Which data is collected?
Server log files
We collect data, so-called server log files on every accessing of the server on which the https://kuhlen-berlin.de website is located. These access data include for example, the name of the website accessed, the file, date and time of access, the transferred data, a notification of successful access, the browser type and version, the user's operating system, the referrer URL (the page visited previously), the IP address and the provider making the inquiry.
The legal basis for data processing is Art. 6 Sub-section 1 lit. f) of the GDPR.
We will process any personal data you provide, i.e. an email address as well as any additional contact information along with your name for the purpose of responding to your inquiry should you contact us using email address specified on our website.
The legal basis for data processing is Art. 6 Sub-section 1 lit. b) and Art. 6 Sub-section 1 lit. f) of the GDPR.
You can set your browser in such a way that you will be informed about the cookies settings and can decide individually about whether to accept them or to reject any cookies for certain cases or in general terms, for example with cookies from third party providers. The functionality of our website may be restricted if cookies are not accepted.
The legal basis for data processing is Art. 6 Sub-section 1 lit. f) of the GDPR.
3. For what purposes will the data be used?
Personal data is only collected, stored and processed to the extent required for the service to be provided, for honoring the contract or for responding to the inquiry.
We only process your personal data in strict compliance with data protection regulations. In particular, any such data will only be processed if a legal permit has been obtained.
Server log files
This data is processed by us in order to establish a connection to our website. Processing is required to ensure the security and stability of the system.
We use log data exclusively for statistical evaluations, for the purpose of business operations, the security of the service and for maximizing the offer.
We reserve the right to check the log data at a later stage should there be any suspicion of illegal use of the service which has been raised on the basis of concrete indications.
Processing your email address is vital in order to be able to answer your request. Should any data such as name, address or similar also be processed, then this processing serves to individualize the respective user and therefore allows us to respond to his/her request to the best of our ability.
4. Will data be passed on to third parties and if so, which data?
In principle, any data transmitted by you will not be made available to third parties. In some cases, however, it may be necessary to pass on your personal data to companies which are entrusted by us with the provision of individual services.
Third parties are obliged on their part to comply with the statutory provisions whenever handing and processing this data.
Information will only be transmitted to authorities and state institutions within the framework of the legal duties in order to provide information and in the event where any such action has been instructed by the courts. In such cases, we may provide the information, e.g. to make, exercise and defend legal claims and to enforce existing contracts in the context of any allegations of fraud, security measures or any generally applicable legal provisions.
Personal data outside of the framework described here will not be passed on without explicit consent.
Under no circumstances will we sell or rent out personal data to third parties.
5. How long is the data stored for?
Your data will be stored for as long as it is necessary in order to satisfy the purpose mentioned above. It will be deleted or blocked if required under commercial or tax law as soon as this is no longer the case, e.g. once the contract has been completed. The data will be deleted from the point in time from which legal storage obligations are no longer in conflict unless you have explicitly given consent for additional use.
6. Your rights as the person affected
You will reserve the rights listed below as a person who is subject to the processing of personal data. These rights result from the provisions of the Basic Regulation on Data Protection and are represent here in a simplified form in a number of cases.
- The right to information
You reserve the right to ask us to confirm whether any personal data concerning you will be processed, pursuant to Art. 15 of the GDPR. If this is the case, you will reserve the right of access to this personal data and to the information specified in Art. 15 (1) Hs. 2 of the GDPR. This specifically includes the purpose of the processing, the categories of any data processed, the recipients to whom data has been or will be disclosed, and the planned duration of the storage period or the criteria for the duration of the storage whenever these are possible.
You reserve the right to ask us to rectify any incorrect data concerning with immediate effect, pursuant to Art. 16 of the GDPR. You reserve the right to request any incomplete personal data be finalized by making an additional declaration and when taking the purposes of processing into consideration.
You reserve the right to ask us to delete your personal information with immediate effect, pursuant to Art. 17 of the GDPR. We are obliged to delete any personal data immediately should one of the provisions of Art. 17 Sub-section 1 GDPR apply. These reasons include, for example, the fact that the data is no longer required for the purposes for which it is being collected or otherwise processed.
- The right to restricted processing
According to Art. 18 GDPR, you have the right to ask us to restrict processing your personal information should any of the conditions of Art. 18 of the GDPR apply. This includes, for example, where you may dispute the accuracy of any personal data. We may only then process any data to a limited extent for as long as it takes to verify the accuracy of any personal data.
- The right to data portability
You reserve the right to receive any personal data concerning you, which has been provided to us in a structured, standard and machine-readable format, pursuant to Art. 20 of the GDPR. You reserve the right to transfer this data to another data controller without any interference, i.e. to another body which processes data, provided that it was processed originally based on consent or it was required in order to honor a contract.
- The right of objection
According to Art. 18 GDPR, you have the right to object to any personal data concerning you from being processed at any time if this data is being processed on the basis of Art. 6 Sub-section 1 lit. e) or f) of the GDPR and there are reasons for doing so which are linked to your personal situation. Objections can be made to the processing of data for the purpose of direct marketing at any time. Any personal data will then no longer be processed for this purpose. The right of objection can be exercised by making an informal declaration. A written declaration or an email sent to the contact address specified above will be sufficient.
- Right to withdraw the declaration of consent
You reserve the right to withdraw your consent to processing at any time, pursuant to Art. 7 Sub-section 3 of the GDPR. The legality of any processing carried out on the basis of the consent shall remain unaffected until it is withdrawn. The right of revocation can be exercised by making an informal declaration. A written declaration or an email sent to the contact address specified above will be sufficient.
- Automated decision in individual cases including profiling
You reserve the right not to be subject to a decision based exclusively on automated processing, including profiling, which has a legal impact on you or which may disadvantage you in a similar manner, pursuant to Art. 22 of the GDPR. Art. 22 Sub-section 1 of the GDPR provides for exceptions to this, whereby Art. 22 Sub-section 4 of the GDPR includes partial exceptions.
- The right of appeal to a supervisory authority
You reserve the right of appeal to a supervisory authority under Article 77 of the GDPR, in particular within the Member State of your place of residence, place of work or of the place of suspected infringement, without prejudice to any other administrative or legal remedy, should you believe that the processing of personal data concerning you contradicts this regulation.
The competent supervisory authority is:
Berlin Commissioner for Data Protection and Freedom of Information Friedrichstraße 219
Tel.: 030/13 889-0 Fax.: 030/215-5050
7. Online Presence / Law Firm Profile in Social Media
Our law firm has online presences on various social media and platforms. This simplifies the search for our products for interested parties and provides an additional channel of communication.
The purpose of the processing of user data by the respective social media and platforms is usually user-specific advertising, i.e. individualised advertising can be placed which corresponds to the presumed interests of the user or results from his previous usage behaviour. For this purpose, cookies are stored on the user's end devices. These cookies can store the usage behavior and thus represent the areas of interest.
The headquarter of a social medium or platform may be located in a third country, i.e. a country in which the DSGVO has no direct legal effect. In this case, the transmission of data will only take place if your consent is given, if an appropriate level of data protection prevails or if another legal permission exists. US providers may operate under the Privacy Shield Agreement, which means that the requirements of the Privacy Shield Agreement are the same as those of the European Union and that the data will be treated accordingly.
We would like to make it clear that users should contact the respective third party providers directly in the case of requests for information and/or the assertion of other rights of those concerned. They have access rights to the user's data stored and processed there and can provide information and/or take appropriate measures. If you contact us directly, we will try to support your request in the best possible way. However, as we have no access to the data stored by third parties, our scope for action is limited.
Please inform yourself about the principles of data processing of the respective companies on the basis of the corresponding data protection declarations.
We use the following third-party services:
“Google Analytics” von Google Inc, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA („Google“)
A third party may have its registered office located in a third country, i.e. a country in which the DPA has no direct legal implications. In this case, data shall only be transmitted if your consent is given, if an appropriate level of data protection remains intact or if another legal permit exists.
Google operates under the Privacy Shield Agreement (EU-US Privacy Shield), which means that the provisions of the Privacy Shield Agreement correspond to the data protection level of the European Union and that this data will be processed accordingly.
This website uses Google Analytics, a web analysis service of Google Inc. "("Google").
Google Analytics uses so-called "cookies". These are text files that are stored on your computer and enable an analysis of your use of the website. Information such as operating system, browser, IP address, referrer URL is stored. The information generated by the cookie about your use of this website is usually transferred to a Google server in the USA and stored there. However, if IP anonymisation is activated on this website, Google will reduce your IP address within Member States of the European Union or in other countries party to the Agreement on the European Economic Area beforehand.
Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide the website operator with other services relating to website and Internet use. Google will not associate your IP address with any other data held by Google.
You can also prevent Google from collecting the data generated by the cookie and relating to your use of the website (including your IP address) and from processing this data by Google by downloading and installing the browser plug-in available under the following link: Browser Add On to disable Google Analytics.
9. Technical and organizational measures
We take technical and organizational measures to ensure that the security and protection requirements of the GDPR are met, and that any personal data are protected against loss, destruction, manipulation or access by unauthorized individuals. The measures are always adapted to state-of-the-art technology.
Updated June 2018
II. Notes on data processing
1. Name and contact details of the controller
This data protection information applies to data processing by:
Responsible: Kuhlen Partnerschaft von Rechtsanwälten mbB (hereinafter: KUHLEN),
Uhlandstr. 194a, D-10623 Berlin, Germany
Phone: +49 (0)30 - 65 777 160 Fax: +49 (0)30 - 65 777 163
2. Collection and storage of personal data as well as type and purpose and their use
When you mandate us, we collect the following information:
- Title, first name, last name,
- a valid e-mail address,
- Telephone number (landline and/or mobile)
- A fax number, if available
- Information necessary for your legal advice or for asserting and defending your rights under the mandate
This data is collected,
- to identify you as our client;
- in order to comply with our legal obligations;
- to provide you with appropriate legal advice and representation;
- to correspond with you;
- for invoicing.
The data will be processed upon your request and is required for the purposes mentioned in Art. 6 para. 1 sentence 1 lit. b GDPR for the appropriate processing of the mandate and for the mutual fulfilment of obligations arising from the mandate agreement. The personal data collected by us for the mandate will be stored until the end of the legal obligation to keep records for lawyers (6 years after the end of the calendar year in which the mandate was terminated) and then deleted, unless we are obliged to keep records for a longer period pursuant to Art. 6 para. 1 sentence 1 c GDPR due to tax and commercial law storage and documentation obligations (from HGB, StGB or AO) or you have consented to further storage pursuant to Art. 6 para. 1 sentence 1 a GDPR.
3. Passing on of data to third parties
Your personal data will not be transmitted to third parties for purposes other than those listed below. Insofar as this is required pursuant to Art. 6 para. 1 sentence 1 lit. b GDPR for the processing of client relationships with you, your personal data will be passed on to third parties. This includes in particular the passing on to opposing parties and their representatives (in particular their lawyers) as well as courts and other public authorities for the purpose of correspondence and for asserting and defending your rights. The data passed on may be used by the third party exclusively for the purposes mentioned. The attorney-client privilege remains unaffected. As far as it concerns data which are subject to the attorney-client privilege, a passing on to third parties only takes place in consultation with you.
4. Rights of the persons concerned
You have the right:
- in accordance with Art. 7 para. 3 GDPR, to revoke your consent to us at any time. As a result, we are no longer allowed to continue processing data based on this consent in the future;
- to request information about your personal data processed by us in accordance with Art. 15 GDPR. In particular, you may request information about the purposes of processing, the category of personal data, the categories of recipients to whom your data have been or will be disclosed, the planned storage period, the existence of a right to rectification, deletion, restriction of processing or objection, the existence of a right of appeal, the origin of your data, if these have not been collected by us, and the existence of automated decision-making including profiling and, if applicable, meaningful information on their details;
- to immediately request the correction of incorrect or complete personal data stored by us in accordance with Art. 16 GDPR;
- to request the deletion of your personal data stored by us in accordance with Art. 17 GDPR, unless the processing is necessary to exercise the right to freedom of expression and information, to fulfil a legal obligation, for reasons of public interest or to assert, exercise or defend legal claims;
- pursuant to Art. 18 GDPR, to restrict the processing of your personal data if you dispute the accuracy of the data, if the processing is unlawful but you refuse to delete the data and we no longer need the data, but if you need it to assert, exercise or defend legal claims or if you have filed an objection to the processing pursuant to Art. 21 GDPR;
- to receive your personal data, which you have provided to us, in a structured, current and machine-readable format in accordance with Art. 20 GDPR or to request its transfer to another person responsible; and
- to complain to a supervisory authority pursuant to Art. 77 GDPR. As a rule, you can contact the supervisory authority of your usual place of residence or workplace or our office.
5. Right of objection
If your personal data are processed on the basis of legitimate interests pursuant to Art. 6 para. 1 sentence 1 letter f GDPR, you have the right to object to the processing of your personal data pursuant to Art. 21 GDPR, provided that there are reasons for this arising from your particular situation. If you wish to exercise your right of objection, simply send an e-mail to firstname.lastname@example.org.