Guidelines for data processing
1. Name and contact details of company data protection officer
These data protection guidelines are valid for the processing of data by:
Data Controller: Lang & Tomerius Patentanwaltspartnerschaft mbB, (hereinafter: Lang & Tomerius), Rosa-Bavarese-Str. 5, 80639 Munich, Germany, telephone: +49 (89) 54369960, telefax: +49 (89) 54369970, email: mail@patented.de
The data protection officer at Lang & Tomerius can be reached at the address indicated above, or at datenschutz@patented.de.
2. Collection and storage of personal data as well as type and purpose of the latter
When you entrust us with a mandate, we collect the following information:
- title, first name, last name,
- valid email address (normally professional email),
- address (normally professional address),
- telephone number (normally professional number),
- information necessary for the establishment and for defending your rights within the framework of the mandate.
This data is collected
- in order to be able to identify you as our client;
- in order to be able to provide you with suitable legal counsel and representation;
- for correspondence with you;
- for invoicing purposes;
- for the settlement of liability claims and the establishment of concomitant claims against you in the unlikely event that such should arise;
Data processing is triggered at your request and is necessary for the aforementioned purposes in accordance with Art. 6(1) (b), (f) GDPR for the appropriate execution of the mandate and for the performance of mutual obligations resulting from the agreed mandate.
The personal data we collect for the performance of the mandate is stored until the expiry of the stipulated storage period for legal counsel (i.e. 6 years starting at the end of the calendar year in which the mandate ended according to German law) and subsequently deleted, unless we are legally obligated to maintain a longer storage period as a result of storage and documentation requirements stipulated by German tax and commercial laws (cf. HGB, StGB or AO) in accordance with Article 6(1)(c) GDPR or you consent to a longer storage period in accordance with Art. 6(1)(a) GDPR.
3. Transfer of data to third parties
A transfer of your personal data to third parties for purposes other than those stated below shall not occur.
Your personal data is transferred to third parties only insofar as required in accordance with Art. 6(1) (b) or (f) GDPR for the performance of the mandate bestowed upon us. This comprises the transfer of data to opponents and their representatives (in particular to their lawyers) in legal proceedings as well as to courts and other official authorities for correspondence purposes as well as for the establishment and for defending your rights. The data transferred may only be used by the third party in question for the aforementioned purposes.
The client-attorney privilege remains unaffected by the foregoing. Insofar as the data in question are subject to the client-attorney privilege, any transfer of the same to third parties can only occur with your consent.
4. Rights of data subject
You have the right:
- to demand information regarding the processing of personal data concerning you in accordance with Art. 15 GDPR. In particular, you can demand information regarding the purposes of the processing, the categories of personal data concerned, the recipients or categories of recipient to whom your personal data have been or will be disclosed, envisaged periods for data storage, the existence of a right to request rectification or erasure of personal data or restriction of processing or to lodge a complaint, the existence of a right of appeal, the source of the personal data in cases where we did not collect the latter, as well as the existence of an automated decision making, including profiling and, at least in those cases, meaningful information about the logic involved;
- to obtain the correction or completion of stored personal data concerning you without undue delay in accordance with Art. 16 GDPR;
- to obtain the erasure of personal data concerning you without delay as far as processing is not necessary for exercising the right of freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the establishment, exercise or defence of legal claims in accordance with Art. 17 GDPR;
- to obtain restriction of processing of personal data relating to you in accordance with Art. 18 GDPR insofar as: you contest the accuracy of the personal data; the processing is unlawful but you oppose their erasure; we no longer need the personal data, but you require them for the establishment, exercise or defence of legal claims; or you have objected to processing in accordance with Art. 21 GDPR;
- to receive the personal data concerning you, which you have provided us, in a structured, commonly used and machine-readable format and to transmit those data to another controller in accordance with Art. 20 GDPR;
- to lodge a complaint with a supervisory authority in accordance with Art. 77 GDPR. Generally, you may seek recourse before a supervisory authority in the place of your residence, of your office or of our office;
- should your personal data be processed on the basis of legitimate interests in accordance with Art. 6(1) (f) GDPR, you have the right to object to the processing of your personal data insofar as there are grounds relating to your personal situation. Should you wish to exercise your right to object, it is sufficient to send a corresponding email to mail@patented.de.
5. Collection, storage and transfer of inventor data
When we receive inventor data from you, we assume that you have informed the inventors in accordance with the stipulations of Art. 13 GDPR and that you have their consent to communicate their data to us, as well as to the responsible authorities and our foreign colleagues involved in the acquisition and prosecution of the related intellectual property rights.
Status of this information: February 2020