The protection of your personal data is a particularly important concern for Orth Kluth Rechtsanwälte Partnerschaftsgesellschaft mbB (hereinafter “Orth Kluth”, “we”, “us”; “our”). Hereinafter we would like to inform you about the processing of your personal data when you visit our website (www.orthkluth.com), contact us by e-mail, contact our law firm for the purpose of a job application, and about your rights when we process your personal data.
I. General Information
In case you have given your consent to the processing of your personal data within the meaning of Art. 4 (1) General Data Protection Regulation of the European Union (“GDPR”), Art. 6 (1) (a) GDPR serves as the legal basis for the processing. The processing of personal data which we need to fulfil contractual or pre-contractual obligations is carried out on the basis of Art. 6 (1) (b) GDPR. In case the processing is necessary for the purposes of our legitimate interests or those of a third party and such interests are not overridden by the interests or fundamental rights and freedoms of you as the data subject, Art. 6 (1) (f) GDPR serves as our legal basis for the processing of personal data. Your personal data will be deleted or blocked as soon as the purpose of their processing has ceased to exist. However, further processing may take place if Orth Kluth is obliged to do so by European or national legislators.
Controller pursuant to Art. 4 (7) GDPR and other national data privacy laws is the law firm:
Orth Kluth Rechtsanwälte Partnerschaftsgesellschaft mit beschränkter Berufshaftung (mbB)
Phone: +49 211 60035-0
If you have engaged Dr. Anselm Grün in our Berlin office (Friedrichstraße 185/186, 10117 Berlin) in his capacity as notary, he is the controller pursuant to Art. 4 (7) GDPR and other national data privacy laws.
III. Data Protection Officer
The Data Protection Officer of the controller is:
Dr. Michael Grobe-Einsler
Orth Kluth Rechtsanwälte Partnerschaftsgesellschaft mit beschränkter Berufshaftung (mbB)
Phone: 0211 600 35- 450
IV. Information About the Processing of Personal Data
1. Visit of our Orth Kluth Website for Informational Purposes
If you visit our website for informational purposes only, our servers automatically store data about the accessing system. This information is necessary for technical reasons – to enable us to display our website and to ensure the stability and security of our website. The following data will be processed automatically when you visit our website:
- Information about the browser type and version used;
- Your operating system;
- Your Internet service provider;
- Your IP address;
- Date and time of access;
- Websites from which your system is brought to our website;
- Websites accessed by your system via our website.
The legal basis for the processing of such data is Art. 6 (1) (f) GDPR. The purpose of processing the aforementioned data is to make our website accessible, to resolve potential technical problems as quickly as possible, and to prevent misuse of the offer. In addition, Orth Kluth uses the data in anonymous form for statistical purposes. Our legitimate interest in processing pursuant to Art. 6 (1) (f) GDPR lies in these purposes. The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were processed. With regard to the data required for the provision of the website, this is the case when the respective session has ended. The collection of data for the provision of the website is essential for the operation of the Orth Kluth website. Therefore, you have no right of objection in this regard.
The website of Orth Kluth uses only necessary cookies. Cookies are small text files which are automatically stored on your end device when you visit our website. Cookies cannot harm your end device and, in particular, do not contain any viruses or Trojans.
Cookies enable Orth Kluth to design the website in an attractive way and to facilitate the use of the website.
The information stored in the cookies is not used to identify the user and is not merged with other personal data.
The Orth Kluth website uses transient cookies and persistent cookies: Hereafter, we would like to inform you in more detail about their scope and functionality.
Transient cookies are automatically deleted when you close your browser. They include session cookies in particular. Session cookies store a session ID by means of which various requests from your browser can be assigned to the shared session. For instance, this enables us to recognize that you have already visited individual pages of our website. The session cookies are deleted when you log out or close your browser.
Persistent cookies are automatically deleted after a specified period, which differs depending on the cookie. You have the option to delete cookies at any time in the security settings of your browser.
Most browsers automatically accept cookies. However, you can configure your browser settings according to your wishes and, thereby, for instance, refuse the acceptance of third party cookies or all cookies in general. However, we would like to point out that in this case you may not be able to use all functions of our website without restriction.
The legal basis for the processing of personal data using cookies is Art. 6 (1) (b) GDPR. Our legitimate interest lies in the user-friendly provision of our website and the improvement of the quality and content of our website.
It is not possible to subscribe to an e-mail newsletter directly on the Orth Kluth website. However, we will inform you on our website about the most recent legal topics and decisions. You also have the individual option of giving us your consent to receiving an e-mail newsletter informing you about legal topics. If you have given us your consent to receiving a newsletter, we will inform you regularly by e-mail about current legal developments and events of Orth Kluth. For this purpose, we will store your e-mail address and your name as well as your contact data. The legal basis is Art. 6 (1) (a) GDPR. You may withdraw your consent at any time with future effect. In this case, we will no longer send you a newsletter and delete your contact information. Irrespective of a withdrawal, this also applies if we have not had any contact with you for a period of two years. In the event that we are legally obliged to store your data, your personal data will not be deleted.
4. Contact with Press and New Business Enquiries
If you contact us for press and new business enquiries by e-mail, your e-mail address will be saved so that we can answer your enquiry. In addition, we save the data you voluntarily send us in the e-mail, such as name and address, if this data is also required for processing your request. The data will be deleted if they are no longer necessary to achieve the purpose for which they were collected, or we restrict processing in case of a legal obligations to retain data. In general, this is the case after having processed your request. The data will be deleted by us at the latest one year after the last contact with you. This does not apply if we are legally obliged to store your data or if a client relationship develops between you and Orth Kluth as a result of your contact with us and we are therefore legally obliged or entitled to continue processing your personal data. In this case you will be separately informed about the processing of your personal data. The legal basis for the processing of your data which you submit to Orth Kluth upon establishment of contact is Art. 6 (1) (b) GDPR.
5. Contact for Job Application Purposes
If you have applied by e-mail to a job advertisement of Orth Kluth, or send us an online application by e-mail on your own initiative, the following personal data will be processed by Orth Kluth:
- Surname and name, title, as the case may be;
- Marital status, as the case may be;
- Address, phone number, e-mail address;
- Qualification-related information such as graduations and degrees, academic achievements and other information contained in the CV, such as stays abroad and social commitment;
- Your photo, as the case may be.
Insofar as your data are necessary for the execution of the application procedure, Art. 88 GDPR in connection with Art. 26 Federal Data Protection Act of 2018 (Bundesdatenschutzgesetz n.F. – “BDSG”) forms the legal basis for the processing of your data.
If your application was successful and you are employed by Orth Kluth, your data will be stored for the duration of your employment. After your departure from Orth Kluth, we will process your data for evidence purposes for a maximum of three years.
In case your application was not successful, your personal data will be processed for evidence purposes for a maximum of six months after completion of the application procedure; it will be subsequently deleted. We would like to continue processing your data in order to contact you if we have a suitable position for you in the future and to inform you about recent information concerning Orth Kluth. You can give us your consent to the processing of your personal data for this purpose. The legal basis for the processing in the case of consent is Art. 6 (1) (a) GDPR. You may withdraw your consent at any time with future effect. In this case, we will delete your personal data and refrain from contacting you. Irrespective of a withdrawal of your consent, your data will be deleted even if we have not had any contact with you for more than three years.
V. Your Rights
If your personal data are processed, you are a data subject within the meaning of the GDPR. You therefore have various rights against us as the responsible controller. Hereinafter, we would like to inform you about your rights:
- You have the right to request information as to whether and which personal data we process with regard to your person.
- If the legal requirements are met, you have the right to request rectification and erasure of such data.
- You have the right to a restriction of the processing of your personal data.
- You have the right to object to the processing or the use of your personal data for purposes of advertising or market and opinion research as well as address trading and business-like data processing.
- You have the right to object to the processing of your personal data at any time for reasons arising from your particular situation. This does not apply if we are obliged or entitled by law to process this data.
- You have the right to withdraw your prior consent to the processing of your personal data at any time with future effect. The withdrawal of consent shall not affect the legality of the processing carried out on the basis of the consent until the withdrawal.
- Furthermore, you have a right to data portability.
- To exercise your aforementioned rights, you can contact us by e-mail via email@example.com or by sending a letter to Orth Kluth Rechtsanwälte – Data Protection Officer –, Kaistrasse 6, D-40221 Düsseldorf.
- Furthermore, without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority (the State Officer for Data Protection and Freedom of Information of North Rhine-Westphalia) about the processing of your personal data by us.
VI. Version and Changes to this Data Privacy Statement