Rights of the data subject
If your personal data are processed, you are the data subject within the meaning of the GDPR and you are entitled to the following rights vis-à-vis the controller:
Right to Information
You can request confirmation from the controller (i.e. the data controller) as to whether personal data relating to you will be processed by us. In the event of such processing, you may request the following information from the controller:
- (1) the purposes for which the personal data will be processed;
- (2) the categories of personal data which will be processed;
- (3) the recipients or categories of recipients to whom the personal data relating to you has been or will be disclosed;
- (4) the planned duration of the retention of the personal data relating to you or, if it is not possible to provide specific information in this regard, criteria for determining the retention period;
- (5) the existence of a right to rectify or delete personal data concerning you, a right to limit the processing by the controller or a right to object to such processing;
- (6) the existence of a right of appeal to a supervisory authority;
- (7) all available information on the origin of the data, if the personal data are not collected from the data subject;
- (8) the existence of automated decision-making including profiling in accordance with articles 22 (1) and (4) GDPR and, at least in these cases, meaningful information on the logic involved and on the scope of such processing and the intended effects on the data subject.
You have the right to request information as to whether the personal data concerning you will be transferred to a third country or to an international organization. In this context, you may request to be informed of the appropriate guarantees in connection with the transfer pursuant to article 46 GDPR.
Right to Rectification
If the personal data processed concerning you are inaccurate or incomplete, you have the right to have your personal data corrected and/or completed by the controller (i.e. the data controller), who must immediately carry out the requested rectification.
Right to Restriction of Processing
Under the following conditions, you can demand the restriction of the processing of the personal data that apply to you:
- (1) if you contest the accuracy of the personal data that apply to you for a period of time that enables the controller or authority to verify the correctness of the personal data;
- (2) the processing is unlawful and you refuse the deletion of the personal data, demanding instead that the use of the personal data be restricted;
- (3) the controller or authority no longer needs the data for processing purposes, but you need the data to assert, exercise or defend legal claims; or
- (4) if you have objected to the processing pursuant to Art. 21 Abs. 1 GDPR and it has not yet been determined whether the legitimate needs of the controller or authority outweigh your reasons.
If the processing of personal data that apply to you has been restricted, these data – with the exception of their storage – may only be used with your consent or for the purpose of asserting, exercising or defending legal claims or to protect the rights of another natural or legal person or for reasons of important public interest of the European Union or one of its member states.
If the restriction of the processing according to the abovementioned conditions is curtailed, you will be notified by the controller or authority before the restriction is lifted.
Right to erasure
a) Obligation to Delete
If one of the following reasons exists, then you can demand that the controller or authority immediately delete the personal data which apply to you and the controller or authority is obliged to delete these data without delay:
- (1) The personal data that apply to you are no longer necessary for the purposes for which they were collected or otherwise processed.
- (2) You revoke your consent, under Art. 6 Abs. 1 lit. a or Art. 9 Abs. 2 lit. a GDPR, upon which the processing is based, and no other legal basis exists for the processing.
- (3) You object to the processing under Art. 21 Abs. 1 GDPR and no superseding legal reasons exist for the processing, or you object to the processing pursuant to Art. 21 Abs. 2 GDPR.
- (4) The personal data that apply to you were unlawfully processed.
- (5) The deletion of the personal data that apply to you is necessary to fulfil a legal obligation according to the law of the European Union or the law of the member states to which the responsible individual or authority is subject.
- (6) The personal data that apply to you were collected in relation to services offered by the information company according to Art. 8 Abs. 1 GDPR.
b) Information to Third Parties
If the controller or authority has made public personal data that apply to you, and if the controller or authority is obliged to delete these data pursuant to Art. 17 Abs. 1 GDPR, then the controller or authority shall undertake appropriate activities, including activities of a technical nature, taking into consideration the available technology and the cost of implementation, to notify the controllers or authorities responsible for processing the personal data, that you, as the affected person, have demanded the deletion of all links to these personal data or to copies or replications of these personal data.
The right to deletion does not exist if the processing is necessary:
- (1) to exercise the right of freedom of expression and information;
- (2) to fulfil a legal obligation to which the processing is subject under the law of the Union or of the Member States to which the controller is subject or to perform a task carried out in the public interest or in the exercise of official authority vested in the responsible individual;
- (3) for reasons of public interest in the field of public health pursuant to article 9, paragraph 2, lit. h and i as well as article 9, paragraph 3 GDPR;
- (4) for archival purposes in the public interest, scientific or historical research purposes or for statistical purposes in accordance with article 89, paragraph 1 GDPR, insofar as the law referred to under a) is likely to make it impossible or seriously impair the attainment of the objectives of such processing; or
- (5) to assert, exercise or defend legal claims.
Right to Notification
If you have exercised the right to rectification, deletion or restriction vis-à-vis the controller or authority, this person or authority is obliged to notify all recipients to whom the personal data that apply to you have been disclosed about this rectification or deletion of the data and about the restriction in the data’s processing, unless such notification proves to be impossible or would involve a disproportionately great effort.
You have the right to demand that the controller or authority inform you about these recipients.
Right to Data Portability
You have the right to receive the personal data concerning you that you have provided to the responsible person in a structured, common and machine-readable format. In addition, you have the right to communicate these data to another controller (i.e. another data controller) without being hindered by the data controller to whom the personal data was first made available, provided that:
- (1) the processing is based on consent pursuant to article 6, paragraph 1, lit. a GDPR or article 9 paragraph 2, lit. a GDPR or on a contract pursuant to article 6, paragraph 1 lit. b GDPR and
- (2) the processing is carried out by automated means.
In exercising this right, you also have the right to request that the personal data concerning you be transferred directly from one controller to another responsible individual, insofar as this is technically feasible. Freedoms and rights of other persons must not be affected by this. The right to data transfer 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.
Right to object
You have the right, for reasons arising from your particular situation, to object at any time to the processing of your personal data on the basis of article 6, paragraph 1, lit. e or f GDPR; this also applies to profiling based on these provisions. The responsible individual will no longer process the personal data relating to you unless he or she can prove compelling reasons for processing which are worthy of protection and which outweigh your interests, rights and freedoms, or the process serves to assert, exercise or defend legal claims. If the personal data concerning you are processed for the purpose of direct advertising, you have the right to object at any time to the processing of the personal data concerning you for the purpose of such advertising; this also applies to profiling insofar as it is connected with such direct advertising. If you object to the processing for direct marketing purposes, the personal data concerning you will no longer be processed for these purposes. You have the option of exercising your right of objection in relation to the use of information society services, notwithstanding Directive 2002/58/EC, by means of automated procedures in which technical specifications are used.
Right to revoke the declaration of consent under data protection law
You have the right to revoke your declaration of consent under data protection law at any time. The revocation of your consent does not affect the legality of the processing carried out on the basis of your consent until you revoke it.
Automated decision in individual cases including profiling
You have the right not to be subject to any decision based solely on automated processing, including profiling, that has any legal effect on you or similarly significantly affects you. This does not apply if the decision:
- (1) is necessary for the conclusion or performance of a contract between you and the controller;
- (2) is authorized by legislation of the Union or of the Member States to which the controller is subject and contains appropriate measures to safeguard your rights, freedoms and legitimate interests; or
- (3) is taken with your express consent.
However, these decisions may not be based on special categories of personal data pursuant to article 9, paragraph 1 GDPR, unless article 9, paragraph 2, lit. a or g GDPR applies and appropriate measures have been taken to protect your rights, freedoms and legitimate interests. With regard to 1) and 3) above, the controller shall take reasonable measures to protect your rights, freedoms and legitimate interests, including at least the rights to obtain the intervention of a person on the part of the controller, to state your own position and to challenge the decision.
Right to Complain to a Supervisory Authority
Without prejudice to any other administrative or judicial remedy, you have the right to complain to a supervisory authority, especially to an authority in the member state in which you reside, in which you work, or which contains the location of the alleged infringement, if you believe that the processing of the personal data that apply to you violates the GDPR.
The supervisory authority to which the complaint was submitted shall notify the complainant about the status and the results of the complaint, including the possibility of a judicial remedy pursuant to Art. 78 GDPR.