To learn more about the scope and purposes of data processing on these third party websites, please see the privacy information provided there.

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VI.    Rights of data subjects

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Whenever personal data relating to you is processed, you are a data subject as defined in the GDPR. As such, you have the following rights towards the controller:

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1.       Right of access

You can request information from the controller on whether or not we process any personal data relating to you.

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If the data is processed by us, you can request the following information from the controller:

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(1)       the purposes for which your personal data is processed;

(2)       the categories of personal data which are processed;

(3)       the recipients or categories of recipients to whom your personal data have been or will be disclosed;

(4)       the intended storage period of your personal data or, if it is not possible to provide specific information on this, criteria for determining the storage period;

(5)       the existence of the right to have your personal data rectified or deleted; the right to restrict its processing by the controller or the right to object to such processing;

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

(7)       any available information on where the personal data originates, if it is not collected from the data subject;

(8)       whether automated decision-making, including profiling, is carried out pursuant to Art. 22 para. 1 and 4 GDPR and, at least in such cases, meaningful information about the logic involved and the scope and intended effects of such processing for the data subject.

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You are entitled to request information on whether personal data relating to you is transmitted to a third country or to an international organisation. In this context, you may request information about the appropriate safeguards pursuant to Art. 46 GDPR as regards such transmission of data.

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2.       Right to rectification

Should the processed personal data relating to you be inaccurate or incomplete, you have a right to have them corrected and/or completed by the controller. The controller has to carry out any such rectification without undue delay.

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3.       Right to restriction of processing

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You may request that the processing of your personal data be restricted, if any of the following conditions apply:

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(1)       when you deny the accuracy of the personal data relating to you, for the period of time which permits the controller to verify the accuracy of the personal data;

(2)       where processing is unlawful and you oppose the erasure of the personal data request the restriction of their use instead;

(3)       the controller no longer needs the personal data for the purposes of the processing, whereas you need this data for the establishment, exercise or defence of legal claims; or

(4)       when you have objected to the processing pursuant to Art. 21 para. 1 GDPR and it remains to be determined whether the legitimate grounds for the processing put forward by the controller override your grounds.

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Where the processing of personal data relating to you has been restricted, this data may only be processed, except for storage, with your consent 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 EU or a member state.

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If the restriction of processing was limited on the basis of the above conditions, you will be informed by the controller before the restriction is lifted.

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4.       Right to erasure

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a)       Duty to erase data

You may request the controller to erase your personal data without undue delay and the controller shall have the obligation to erase this data without undue delay where one of the following grounds applies:

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(1)       The personal data relating to you are no longer required for the purposes it was collected or otherwise processed for.

(2)       You withdraw your consent to the processing carried out pursuant to Art. 6 para. 1 lit. a GDPR and there is no other legal basis for the processing.

(3)       You object to the processing pursuant to Art. 21 para. 1 GDPR and there are no overriding legitimate reasons for the processing, or you raise an objection to the processing pursuant to Art. 21 para. 2 GDPR.

(4)       The personal data relating to you have been processed unlawfully.

(5)       Erasure of the personal data relating to you is necessary to comply with a legal obligation under EU or member state law to which the controller is subject.

(6)       The personal data relating to you have been collected in respect of services offered by an information society pursuant to Art. 8 para. 1 GDPR.

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b)       Information to third parties

Where the controller has made the personal data relating to you public and is obliged to erase such data pursuant to Art. 17 para. 1 GDPR, the controller shall take reasonable steps, also technical ones, taking into account the available technology and the cost of implementation, to inform controllers that are processing the personal data of the fact that you, as the data subject, have requested them to erase all links to, or copies or replications of, this personal data.

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c)       Exceptions

You do not have the right to deletion if the data processing is necessary in order to:

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(1)       exercise the right to freedoms of expression and information;

(2)       comply with legal obligations which requires processing under the EU or member state law to which the controller is subject; to perform tasks carried out in the public interest or in the exercise of official authority vested in the controller;

(3)       for reasons of public interest in the area of public health pursuant to Art. 9 para 2 lit. h and i and Art. 9 para. 3 GDPR;

(4)       for archiving purposes of public interest, scientific or historical research purposes or statistical purposes pursuant to Art. 89 para. 1 GDPR, in so far as the right referred to in section (a) above is likely to render impossible or seriously prejudice the achievement of the purposes of such processing; or

(5)       for the assertion, exercise or defence of legal claims.

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5.       Right to be informed

In the event that you have exercised the right to rectification, erasure or restriction of processing towards the controller, the controller shall be obliged to notify all recipients to whom your personal data have been disclosed of this data’s rectification, erasure or restriction of processing, unless this proves impossible or involves a disproportionate effort.

You have the right to be informed by the controller of who these recipients are.

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6.       Right to data portability

You have the right to receive the personal data relating to you which you have provided to the controller in a structured, commonly used and machine-readable format. You also have the right to transmit this data to another controller without hindrance from the controller to which the personal data have been provided, if

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(1)       the processing is based on consent pursuant to Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR or is based on a contract pursuant to Art. 6 para. 1 lit. b GDPR, and

(2)       the processing is carried out by means of automated procedures.

When exercising this right, you are also entitled to have your personal data transmitted directly from one controller to another controller, if technically feasible. The freedoms and rights of other individuals must not be affected by this.

The right to data portability shall not apply to the processing of personal data required in the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

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7.       Right to object

You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data relating to you based on Art. 6 para. 1 lit. e or f GDPR, including profiling based on these provisions.

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The controller shall no longer process the personal data relating to you, unless the controller can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves to establish, exercise or defend a legal claim.

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Where personal data relating to you is processed for the purposes of direct marketing, you have the right to object at any time to the processing of your personal data for such marketing. This includes profiling to the extent it is related to such direct marketing.

If you object to the processing for direct marketing purposes, the personal data relating to you shall no longer be processed for these purposes.

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In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you may exercise your right to object by automated means using technical specifications. 

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8.       Right to withdraw consent under data protection law

You have the right to revoke your declaration of consent under data protection law at any time. Withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.

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9.       Automated individual decision-making, including profiling

You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects on your side or similarly affects you in a significant way. This shall not apply, if the decision

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(1)       is necessary to enter into, or performance of, a contract between you and the controller;

(2)       is authorised by the law of the EU or the Member States to which the controller is subject and these legal provisions contain appropriate measures to protect your rights and freedom as well as your legitimate interests; or

(3)       is based on your explicit consent.

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These decisions must not, however, be based on special categories of personal data pursuant to Art. 9 para. 1 GDPR, unless Art. 9 para. 2 lit. a or g GDPR applies and appropriate measures have been taken to safeguard your rights and freedoms as well as your legitimate interests.

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As regards the cases described in (1) and (3) above, the controller shall implement suitable measures to safeguard your rights and freedoms as well as your legitimate interests, which include at least the right to obtain the intervention of a person on the part of the controller, to express his or her point of view and to contest the decision.

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10.       Right to complain to a supervisory authority

Notwithstanding any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the member state of your place of residence, place of work or place of the alleged infringement, if in your view the processing of personal data relating to you infringes the GDPR.

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The supervisory authority with which the complaint has been lodged shall inform the complainant of the status and outcome of the complaint, including the right to an effective judicial remedy pursuant to Art. 78 GDPR.

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The supervisory authority responsible for us is:

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Der Landesbeauftragte für den Datenschutz und die Informationsfreiheit Baden-Württemberg [i.e. the State Commissioner for Data Protection and Freedom of Information]
Lautenschlagerstraße 20,
70173 Stuttgart

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Tel: 0711/615541 – 0
Fax: 0711/61 55 41 – 15
Mail: poststelle@lfdi.bwl.de

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