A. Sample Data Protection Statement in Accordance with the GDPR

Transcription

1 A. Sample Data Protection Statement in Accordance with the GDPR I. Name and address of the controller In the sense of the General Data Protection Regulation (GDPR) and other national data protection laws in the member states as well as other provisions of data protection law, the controller is: Helmholtz Zentrum München Deutsches Forschungszentrum für Gesundheit und Umwelt GmbH Ingolstädter Landstr Neuherberg Germany Tel info@helmholtz muenchen.de Website: muenchen.de II. Name and address of the data protection officer The controller's data protection officer is: Data Protection Officer of the Helmholtz Zentrum München Werner Bergheim Ingolstädter Landstr Neuherberg Germany datenschutz@helmholtz muenchen.de Data Protection Manager of the responsible office Manja Jolink Institut für Diabetesforschung Helmholtz Zentrum München Ingolstädter Landstr Neuherberg Germany manja.jolink@helmholtz muenchen.de Responsible Data Protection Controlling Authority: Die Bundesbeauftragte für den Datenschutz und die Informationsfreiheit Husarenstraße Bonn Tel.: +49 (0) poststelle@bfdi.bund.de 1

2 III. General information on data processing 1. Scope of the processing of personal data We fundamentally process the personal data of our users only to the extent required to provide a functioning website as well as our contents and services. As a rule, our users' personal data are processed only with the consent of the user. An exception applies in those cases in which it is not possible to obtain prior consent due to factual reasons and statutory provisions permit the processing of the data. 2. The legal basis for the processing of personal data As far as we obtain consent from the data subject for personal data processing procedures, Article 6(1)(a) of the EU General Data Protection Regulation (GDPR) serves as the legal basis. For the processing of personal data that is necessary for the performance of a contract to which the data subject is party, Article 6(1)(b) GDPR serves as the legal basis. This also applies to processing procedures that are necessary in order to take steps prior to entering into a contract. As far as processing of personal data is necessary for compliance with a legal obligation to which our company is subject, Article 6(1)(c) GDPR serves as the legal basis. In the event that processing of personal data is necessary in order to protect the vital interests of the data subject or of another natural person, Article 6(1)(d) GDPR serves as the legal basis. If the processing is necessary to safeguard the legitimate interests of our company or of a third party, and the interests, fundamental rights and freedoms of the data subject do not override the firstmentioned interests, Article 6(1)(f) GDPR serves as the legal basis for the processing. 3. Data erasure and storage period The personal data of the data subject are erased or blocked as soon as the purpose of the storage no longer applies. Data can additionally be stored if this was intended by the European or national lawmakers in EU regulations, laws or other stipulations to which the controller is subject and is foreseeable. Data are also blocked or erased when a storage period prescribed by the standards mentioned expires, unless there is a necessity for further storage of the data in order to conclude or fulfil a contract. IV. Provision of the website and creation of log files 1. Description and scope of the data processing Each time our website is accessed, our system automatically records data and information regarding the computer system of the accessing computer. 2

3 The following data are collected in this case: Information on the browser type and the version in use The user's operating system The user's internet service provider The user's pseudonymized IP address Date and time of day of the access Websites from which the user's system reaches our website Websites that the user's system accesses through our website The data are likewise stored in our system's log files. These data are not stored together with other personal data of the user. 2. Legal basis for the data processing The legal basis for the temporary storage of the data and the log files is Article 6(1)(f) GDPR. 3. Purpose of the data processing The system will temporarily store the IP address and is necessary, in order to allow the website to be delivered to the computer of the user. This requires the user s IP address to be stored for the duration of the session. The storage of log files takes place, in order to ensure the functional capability of the website. We additionally use the data to optimize the website and to ensure the safety and security of our information technology systems. Data is not evaluated for marketing purposes in this connection. For these purposes, our legitimate interest in data processing is also in accordance with Article 6(1)(f) GDPR. 4. Storage period The data are deleted as soon as they are no longer necessary to achieve the purpose for which they were collected. When data is collected in order to enable the functioning of the website, the data will be deleted as soon as the session has ended. In the case of data storage in log files, this is the case after no more than seven days. Certain storage beyond this period is possible. In this case, the IP addresses of the users are deleted or masked so that it is no longer possible to reference the accessing client. 3

4 5. Possibility of objection and disposal The recording of data for the provision of the website and storage of the data in log files is vital to the operation of the internet website. The user consequently has no possibility to object. V. Use of cookies 1. Description and scope of the data processing Our website uses cookies. Cookies are text files that are stored in the internet browser or by the internet browser on the computer system of the user. When a user calls up a website, a cookie can be stored on the user's operating system. This cookie contains a character sequence that allows unambiguous identification of the browser when the website is called up again. We use cookies to organize our website in a way that is more user friendly. Some elements of our internet page also require that the calling browser be identified, even after a change to a different page. The following data are stored and transmitted in the cookies in this connection: Language settings Login information Typo3 backend user information Earlier visit in order to prevent popups from being displayed again Session information for web services On our website we additionally use cookies that allow an analysis of the user's surfing habits: Search terms entered Frequency of page accesses Utilization of website functions Browser Operating systems Date and time of day of access Websites from which the user's system reaches our website The user's data collected in this way are pseudonymized by technical provisions. It is therefore no longer possible to match the data to the accessing user. The data are not stored together with other personal data of the user. 4

5 When visiting our website, the users are informed of the use of cookies for analysis purposes by an information banner and are referred to this data protection statement. There is also a comment in this connection regarding how to work with the browser settings to prevent cookies from being stored. 2. Legal basis for the data processing The legal basis for the processing of personal data with the use of cookies is Article 6(1)(f) GDPR. 3. Purpose of the data processing The purpose of the use of technically necessary cookies is to simplify the use of websites for the users. Some of our internet page s functions cannot be offered without the use of cookies. For these, it is necessary for the browser to be recognized even after a change to a different page. We require cookies for the following applications: Acquisition of language settings Remembering search terms Functional capability of the Typo3 backend for editors Functional capability of various PHP applications The user data collected by the technically necessary cookies are not used to create user profiles. The purpose behind the use of the analysis cookies is to improve the quality of our website and its contents. The analysis cookies help us to find out how the website is being used, which allows us to optimize our offer continuously. Our legitimate interest in the processing of personal data in accordance with Article 6(1)(f) GDPR also lies in these purposes. 4. Storage period, possibility of objection and disposal Cookies are stored on the user's computer and transmitted from there to our website. You, as user, consequently also have full control over the use of cookies. By changing the settings in your internet browser, you can deactivate or restrict the transmission of cookies. Cookies that have already been stored can be deleted at any time. This can also take place automatically. If cookies are deactivated for our website, it is possible that not all of the website's functions will still be able to be used fully. VI. Newsletter 1. Description and scope of the data processing It is possible to subscribe to a free newsletter on our internet pages. During the registration for the newsletter, the data provided by yourself in the text fields are transmitted to us. 5

6 The following data are also collected during the registration: IP address of the calling computer Date and time of day of the registration In the framework of the registration process, your consent is obtained for the processing of the data and there is a reference to this data protection statement. In connection with the data processing for the dispatch of newsletters, no data are forwarded to third parties unless such forwarding is explicitly pointed out during the registration process. The data are used exclusively to dispatch the newsletter. 2. Legal basis for the data processing If the user has consented, the legal basis for the processing of data after the user registers for newsletters is Article 6(1)(a) GDPR. 3. Purpose of the data processing The user's address is collected in order to deliver the newsletter. The collection of other personal data in the framework of the registration process serves to prevent misuse of the services or of the address used. 4. Storage period The data are deleted as soon as they are no longer necessary to achieve the purpose for which they were collected. The user's address is accordingly stored for as long as the newsletter subscription is active. 5. Possibility of objection and disposal The user in question can cancel the newsletter subscription at any time. There is a corresponding link in every newsletter for this purpose. This also allows a retraction of the consent to storage of the personal data collected during the registration process. 1. Description and scope of the data processing Contact forms are available on our internet website that can be used for electronic contact support. In addition, there are further web forms in use that allow registration for events or that serve to process registrations. If a user takes advantage of this possibility, the data inserted in the text fields are transmitted to us and stored. In addition to the aforementioned areas, the following are also stored: 6

7 The user's IP address Date and time of day of the registration Duration of the process to complete the form User's browser Information on the language setting Your consent will be obtained for the processing of your data and there is a reference to this data protection statement. Alternatively, contact is possible through the address provided on the particular website. In this case, the user's personal data transmitted together with the are stored. No data are forwarded to third parties in this connection, unless such forwarding is explicitly pointed out in the framework of the consent. The data are used exclusively to process the conversation. 2. Legal basis for the data processing If the user has given their consent, the legal basis for the processing of the data is Article 6(1) (a) GDPR. The legal basis for the processing of the data that are transmitted in the course of sending an is Article 6(1) (f) GDPR. If the contact by concerns the conclusion of a contract, the additional legal basis for the processing is Article 6(1) (b) GDPR. 3. Purpose of the data processing The personal data from the entry form is processed solely to allow the user to establish contact. In the event contact is established by , the necessary legitimate interest in the processing of the data also lies here. The other personal data processed during the sending process are used to prevent misuse of the contact form and to ensure the safety and security of our information systems. 4. Storage period The data are deleted as soon as they are no longer necessary to achieve the purpose for which they were collected. This is the case for the personal data from the contact form and for such data sent by , if the particular conversation with the user has ended. The conversation is deemed to have ended once the circumstances make it possible to infer that the facts in question have been conclusively clarified. The personal data additionally collected during the sending process are deleted no later than after a period of seven days. 7

8 5. Possibility of objection and disposal The users have the option at all times to revoke their consent to the processing of the personal data. If the users contact us by , they can object to the storage of their personal data at any time. In such a case, the conversation cannot be continued. All personal data that were stored in the course of making contact will be deleted in this case. VII. Rights of the data subject If your personal data is processed, you are the subject in the sense of the GDPR and you have the following rights with respect to the controller: 1. Right to information You can request confirmation from the controller as to whether or not we have processed personal data that concern you. In the event there is such processing, you can request disclosure of the following information by the controller: (1) The purposes for which the personal data are being processed (2) The categories of personal data that are being processed (3) The recipient or the categories of recipients to whom the personal data concerning you was disclosed or is still being disclosed (4) The planned storage period of the personal data concerning you or, if it is not possible to make concrete statements in this regard, criteria for determining the storage period (5) The existence of a right to the rectification or erasure of the personal data concerning you, of a right to restriction of the processing by the controller or of a right to object to this processing (6) The existence of a right to lodge a complaint with a supervisory authority (7) All available information on the origin of the data if the personal data were not collected from the data subject (8) The existence of automated decision making, including profiling, referred to in Article 22(1) and (4) GDPR and, at least in these cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject You have the right to request disclosure of whether or not the personal data concerning you are transferred to a third country or to an international organisation. In this connection, you can request to be informed of the appropriate safeguards pursuant to Article 46 GDPR relating to the transfer. 8

9 2. Right to rectification You have a right to rectification and/or completion with respect to the controller as far as the processed personal data concerning you are incorrect or incomplete. The controller must carry out the rectification without undue delay. 3. Right to restriction of processing You can request the restriction of the processing of the personal data concerning you under the following conditions: (1) If you contest the accuracy of the personal data concerning you for a period that enables the controller to verify the accuracy of the personal data (2) The processing is unlawful and you oppose the erasure of the personal data and request the restriction of the use of the personal data instead (3) The controller no longer needs the personal data for the purposes of the processing, but you require them for the establishment, exercise or defence of legal claims, or (4) If you have objected to processing pursuant to Article 21(1) GDPR pending the verification of whether the legitimate grounds of the controller override your grounds If processing of the personal data concerning you has been restricted, such data will, with the exception of storage, only be processed with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State. If the processing has been restricted in accordance with the requirements given above, you will be informed by the controller before the restriction is lifted. 4. Right to erasure a) Erasure obligation You can request that the controller erase the personal data concerning you without undue delay. The controller has the obligation to erase the data without undue delay where one of the following grounds apply: (1) The personal data concerning you are no longer necessary in relation to the purposes for which they were collected or otherwise processed (2) You withdraw your consent on which the processing is based according to Article 6(1) (a), or Article 9(2) (a) GDPR, and where there is no other legal ground for the processing (3) You object to the processing pursuant to Article 21(1) GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Article 21(2) GDPR 9

10 (4) The personal data concerning you has been unlawfully processed (5) The personal data concerning you have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject (6) The personal data concerning you has been collected in relation to the offer of information society services referred to in Article 8(1) GDPR b) Information to third parties Where the controller has made the personal data concerning you public and is obliged pursuant to Article 17 (1) GDPR to erase the personal data, the controller, taking account of available technology and the cost of implementation, will take reasonable steps, including technical measures, to inform controllers that are processing the personal data that you, as the data subject, have requested the erasure by such controllers of any links to these personal data or of copies or replications of these personal data. c) Exceptions There is no right to erasure to the extent that the processing is necessary: (1) For exercising the right of freedom of expression and information (2) For compliance with a legal obligation which requires processing by Union or Member State law to which the controller is subject or for the performance of a task 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 in accordance with Article 9(2) (h) and (i) as well as Article 9(3) GDPR. (4) For archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) GDPR in so far as the right referred to in section a) is likely to render impossible or seriously impair the achievement of the objectives of that processing, or (5) For the establishment, exercise or defence of legal claims 5. Right to be informed If you have established the right to rectification, erasure or restriction of the processing with respect to the controller, the controller is obligated to communicate this rectification or erasure of data or restriction of processing to each recipient to whom the personal data has been disclosed, unless this proves impossible or involves disproportionate effort. You have the right to be informed by the controller about these recipients. 10

11 6. Right to data portability You have the right to receive the personal data concerning you, which you have provided to the controller, in a structured, commonly used and machine readable format. You furthermore have the right to transmit the data to another controller without hindrance from the controller to which the personal data have been provided, as far as (1) the processing is based on consent pursuant to Article 6(1) (a) GDPR or Article 9(2) (a) or on a contract pursuant to Article 6(1) (b) GDPR and (2) the processing is carried out by automated means. In exercising this right, you furthermore have the right to have the personal data concerning you transmitted directly from one controller to another, where technically feasible. This is not permitted to adversely affect the freedoms and rights of others. The right to data portability does not apply to processing of personal data that is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller. 7. Right to object You have the right to object to the processing of your personal data, at any time, based on grounds relating to your particular situation or Article 6(1) (e) or (f) GDPR, including profiling based on those provisions. The controller will no longer process the personal data concerning you unless the controller demonstrates compelling legitimate grounds for the processing which override your interests, rights and freedoms or if the processing serves the establishment, exercise or defence of legal claims. Where personal data concerning you are processed for direct marketing purposes, you have the right to object at any time to processing of the personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing. If you object to processing for direct marketing purposes, the personal data concerning you will no longer be processed for such purposes. 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. 8. Right to withdraw the data protection declaration of consent You have the right to withdraw your declaration of consent at any time. Withdrawing your consent does not affect the lawfulness of prior processing with consent before its withdrawal. 11

12 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 concerning you or similarly significantly affects you. This does not apply if the decision (1) is necessary for entering into, or performance of, a contract between you and the controller, (2) is authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interests, or (3) takes place with your explicit consent. However, these decisions are not permitted to be based on special categories of personal data referred to in Article 9(1) GDPR unless Article 9(2) (a) and (g) GDPR applies and suitable measures to safeguard your rights and freedoms and legitimate interests are in place. In the cases referred to in points (1) and (3), the data controller implements suitable measures to safeguard your rights and freedoms and legitimate interests, at least the right to obtain human intervention on the part of the controller, to express your own point of view and to contest the decision. 10. Right to lodge a complaint with a supervisory authority Without prejudice to 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 residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you violates the GDPR. The supervisory authority with which the complaint has been lodged will inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to Article 78 GDPR. The competent supervisory authority for the Helmholtz Zentrum München is the Bundesbeauftragte für den Datenschutz und die Informationsfreiheit <Federal Commissioner for Data Protection and Freedom of Information>, Husarenstr. 30, Bonn, Germany, Tel.: , poststelle@bfdi.bund.de. 12