1. Name and contact details of Controller and Company Data Protection Officer
This privacy information pertains to data processing by all office locations of our law firm by:
Weitnauer Rechtsanwälte Partnerschaftsgesellschaft
mit beschränkter Berufshaftung (mbB),
Ohmstrasse 22, 80802 Munich, Germany
Phone number: +49 (0)89 - 383995-0
Fax number: +49 (0)89 - 383995-99
The Company Data Protection Officer of Weitnauer Attorneys can be contacted at the above address, attn. Ms. Marion Barowski, or at Datenschutzbeauftragter@weitnauer.net.
2. Collection, storage and deletion of personal data as well as type and purpose and data use
If you retain us to provide legal services or are acting on behalf of a company or another organization that retains us to provide legal services, or if we contact you based on a client relationship, we will collect the following information:
This data is collected in order to:
Data is processed in response to your request and processing is required pursuant to Art. 6 (1), sentence 1, lit. b, GDPR for the above-listed purposes to ensure adequate client service and for the mutual fulfillment of obligations arising from the client contract.
We will also process your data if and to the extent necessary to comply with our legal obligations, such as duties arising from legislation on tracing profits from serious criminal offenses (German Anti-Money Laundering Act). The legal basis for this processing of personal data is Art. 6 (1), sentence 1, lit. c, GDPR.
If, in the course of a client-lawyer relationship, it should become necessary to defend ourselves against liability claims, or if we need to follow up with one of our clients with regard to any outstanding invoices, the associated necessary processing of personal data is based on our legitimate interest in the adequate defense of our legal position pursuant to Art. 6 (1), sentence 1, lit. f, GDPR.
The personal data we collect in the context of client-lawyer relationships will be stored until the end of the legally mandated retention period for attorneys (6 years after the end of the calendar year, in which the client relationship ended) and will then be deleted, unless we are obligated to comply with longer storage requirements due to retention and documentation duties based on tax and trade law (from the German Commercial Code (HGB), German Value Added Tax Code (UStG) or German Revenue Code (AO)) pursuant to Art. 6 (1), sentence 1, lit. c, GDPR, if further processing is required due to ongoing legal disputes, or if you have consented to further storage pursuant to Art. 6 (1), sentence 1, lit. a, GDPR.
3. Visiting our website
When you access our website www.weitnauer.net, the browser deployed on your terminal device will automatically send information to our website server. This information is temporarily saved in a so-called log file. In this process, the following information will be collected without any action on your part and stored until its automated deletion, usually after one week:
The above-listed data will be processed by us for the following purposes:
The legal basis for the processing of personal data is Art. 6 (1), sentence 1, lit. f, GDPR. Our legitimate interest is derived from the above-listed purposes for data collection. We generally do not use collected data for the purpose of drawing conclusions about your person. However, we reserve the right to do so if required to investigate improper page access.
We may offer links to third-party services on our website. However, we are not responsible for the processing of your data by these services.
4. Making contact
If you have questions of any kind, we offer you the option to contact us by telephone or via email. If you make personal data available to us via these routes or through our website (e.g. via a contact form), we will only save and use this data on the basis of Art. 6 (1), sentence 1, lit. a, GDPR, to process your inquiries or on the basis of Art. 6 (1), sentence 1, lit. b, GDPR if the subject of your inquiry relates to (pre-) contractual information. You may revoke your consent to the processing of the provided data at any time by sending an email to Datenschutzbeauftragter@weitnauer.net. In this case, we will delete your data, unless we have a legal retention obligation (for example, if you send us a pre-contractual message via the contact form which then becomes the basis of a contractual relationship or if your message refers to existing contractual relationships).
If you provide us with your email address to subscribe to our newsletter, we will use this email address based on your consent according to Art. 6 (1), sentence 1, lit. a, GDPR, for the purpose of sending you the newsletter. You may object to this use of your email address at any time by sending an email to Datenschutzbeauftragter@weitnauer.net. In this case, we will stop sending you the newsletter and will delete your email address, unless we have a legal retention obligation.
6. Data disclosure to third parties
Your personal data will not be disclosed to third parties except for the purposes listed below.
Your personal data will be disclosed to third parties to the extent required for processing the client-lawyer relationship with you pursuant to Art. 6 (1), sentence 1, lit. b, GDPR. This includes, in particular, disclosure to opponents and their representatives (especially their attorneys) as well as courts and other government authorities for the purpose of correspondence as well as to establish and defend your rights.
As far as required for fulfilling a client agreement or to establish, exercise or defend legal claims, we will also transmit personal data to countries outside of the European Union or other signatory state of the European Economic Area (third country), or to an international organization. This may particularly be the case in matters with a substantive reference to a third country or an international organization (e.g. negotiations with a party established in a third country). Such data transmissions will occur on the basis of Art. 49 (1), sentence 1, lit. b or lit. e, GDPR, unless there are other guarantees for maintaining an adequate data protection level (for example, an adequacy decision of the EU Commission).
In addition, we maintain contracts with IT service providers as well as infrastructure and platform service providers to process your data. This data processing occurs within the European Union. Our legitimate interest is to guarantee reliable and safe data processing for the performance of our activities and the management of our law firm with the support of professional service providers.
The attorney-client privilege will not be affected. To the extent data are subject to the attorney-client privilege, transmission to third parties will only be made to carefully selected service providers who have entered into a non-disclosure agreement and confidentiality obligation with us pursuant to Sec. 43e, Federal Lawyers’ Act (BRAO) and have received instructions about the criminal nature of breaching attorney-client privilege.
7. Rights of data subjects
You have the following rights:
8. Right to object
To the extent your personal data is processed on the basis of legitimate interests pursuant to Art. 6 (1), sentence 1, lit. f, GDPR, you have the right to object to the processing of your personal data pursuant to Art. 21, GDPR on grounds relating to your particular situation.To exercise this right to object, it is sufficient to send an email to Datenschutzbeauftragter@weitnauer.net.