data protection

rights of the data subject

The applicable data protection law grants you comprehensive rights as a data subject with regard to the processing of your personal data:

Right to information pursuant to Art. 15 GDPR

1. The data subject shall have the right to obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed; where this is the case, access to those personal data and the following information:

(a) the purposes of the processing;

(b) the categories of personal data being processed;

(c) the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;

(d) where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;

(e) the existence of a right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning him or her or to object to such processing;

f) the existence of a right to lodge a complaint with a supervisory authority;

(g) where the personal data are not collected from the data subject, any available information as to their source;

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

2. Where personal data are transferred to a third country or to an international organisation, the data subject shall have the right to be informed of the appropriate safeguards pursuant to Article 46 relating to the transfer.

3. The controller shall provide a copy of the personal data undergoing processing. For any further copies requested by the data subject, the controller may charge a reasonable fee based on the administrative costs. Where the data subject makes the request electronically, the information shall be provided in a commonly used electronic format, unless the data subject indicates otherwise.

4. The right to obtain a copy pursuant to paragraph 1b shall not adversely affect the rights and freedoms of others.

Right to rectification pursuant to Art. 16 GDPR

The data subject has the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject has the right to have incomplete personal data completed, also by means of providing a supplementary statement.

Right to erasure pursuant to Art. 17 GDPR ("right to be forgotten")

1. The data subject shall have the right to obtain from the controller the erasure of personal data concerning him or her without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies:

a) The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.

(b) The data subject withdraws consent on which the processing is based according to point (a) of Article 6(1) or point (a) of Article 9(2), and where there is no other legal ground for the processing.

(c) the data subject objects to processing pursuant to Article 21(1) and there are no overriding legitimate grounds for the processing, or the data subject objects to processing pursuant to Article 21(2).

d) The personal data were processed unlawfully.

e) The erasure of personal data is necessary to fulfill a legal obligation under Union or Member State law to which the controller is subject.

(f) the personal data have been collected in relation to the offer of information society services pursuant to Article 8(1).

2. Where the controller has made the personal data public and is obliged pursuant to paragraph 1 to erase the personal data, the controller, taking into account available technology and the cost of implementation, shall take appropriate measures, including technical ones, to inform data controllers which process the personal data that the data subject has requested the erasure by such controllers of all links to, or copies or replications of, those personal data.

3. Paragraphs 1 and 2 shall not apply to the extent that processing is necessary.

(a) to exercise the right to freedom of expression and information;

(b) 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;

(c) for reasons of public interest in the area of public health in accordance with Article 9(2)(h) and (i) and Article 9(3);

(d) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes pursuant to Article 89(1), insofar as the right referred to in paragraph 1 is likely to render impossible or seriously compromise the achievement of the objectives of that processing; or

e) to assert, exercise or defend legal claims.

Right to restriction of processing pursuant to Art. 18 GDPR

1. The data subject shall have the right to obtain from the controller restriction of processing where one of the following applies:

(a) the accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data,

(b) the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead;

(c) the controller no longer needs the personal data for the purposes of the processing, but the data subject needs them to assert, exercise or defend legal claims, or

(d) the data subject has objected to processing pursuant to Article 21(1), pending the verification whether the legitimate grounds of the controller override those of the data subject.

2. Where processing has been restricted pursuant to paragraph 1, such personal data shall, with the exception of storage, only be processed with the consent of the data subject or for the establishment, exercise or defence of legal claims or to protect the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.

3. A data subject who has obtained restriction of processing pursuant to paragraph 1 shall be informed by the controller before the restriction of processing is lifted.

Right to information pursuant to Art. 19 GDPR

The controller shall communicate any rectification or erasure of personal data or restriction of processing carried out pursuant to Article 16, Article 17(1) and Article 18 to each recipient to whom the personal data have been disclosed, unless doing so should prove impossible or involve disproportionate expenditure. The controller shall inform the data subject of those recipients if the data subject requests this.

Right to data portability according to Art. 20 GDPR

1. The data subject shall have the right to receive the personal data concerning him or her, which he or she has made available to a controller, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from the controller to which the personal data were made available, provided that

(a) the processing is based on consent pursuant to point (a) of Article 6(1) or point (a) of Article 9(2) or on a contract pursuant to point (b) of Article 6(1), and

b) the processing is carried out by automated means.

2. In exercising his or her right to data portability pursuant to paragraph 1, the data subject shall have the right to have the personal data transmitted directly from one controller to another, where technically feasible.

3. The exercise of the right under paragraph 1 of this Article shall be without prejudice to Article 17. This right shall not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

4. The right referred to in paragraph 2 shall not adversely affect the rights and freedoms of others.

Right to object according to Art. 21 GDPR

1. The data subject shall have the right to object at any time to processing of personal data concerning him or her which is based on points (e) or (f) of Article 6(1), including profiling based on these provisions, for reasons related to his or her particular situation. The controller shall no longer process the personal data unless he or she can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defence of legal claims.

2. Where personal data are processed for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing; this also applies to profiling to the extent that it is related to such direct marketing.

3. If the data subject objects to processing for direct marketing purposes, the personal data will no longer be processed for these purposes.

4. The data subject shall be given an explicit notice of the right referred to in paragraphs 1 and 2 at the latest at the time of the first communication with him or her; that notice shall be given in an intelligible form and shall be separate from any other information.

5. In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, the data subject may exercise his or her right of objection by automated means using technical specifications.

6. The data subject has the right to object to processing of personal data concerning him or her for scientific or historical research purposes or for statistical purposes pursuant to Article 89(1), unless the processing is necessary to perform a task carried out for reasons of public interest.

Right to lodge a complaint pursuant to Art. 77 GDPR

1. Without prejudice to any other administrative or judicial remedy, every data subject shall have the right to lodge a complaint with a supervisory authority, in particular in the Member State of his or her habitual residence, place of work or place of the alleged infringement if the data subject considers that the processing of personal data concerning him or her infringes this Regulation.

2. The supervisory authority with which the complaint has been lodged shall inform the complainant of the status and outcome of the complaint, including the possibility of a judicial remedy under Article 78.