Möllenhoff & Partner mbB

Data protection information for customers and clients

How we handle your data and your rights

Information pursuant to Articles 13, 14 und 21 of the General Data Protection Regulation (GDPR)

In this privacy notice, we provide you, our customers and clients, with information – in accordance with the EU General Data Protection Regulation (GDPR), which has been in force since 25 May 2018 – regarding our processing of personal data and the rights to which you are entitled. This notice will be updated as necessary and published at www.ra-moellenhoff.de/Datenschutz.

1. Who is responsible for data processing and who can I contact?

I, Dr. Ulrich Möllenhoff, Königsstraße 46, 48143 Münster, Tel. 0251/857130, E-Mail: datenschutz@ra-moellenhoff.de am responsible.

The Data Protection Officer is Julia Gnielinski, Königsstraße 46, 48143 Münster, Tel. 0251/857130, E-Mail: datenschutz@ra-moellenhoff.de

2. What sources and data do we use?

We process data that we receive as part of our business relationship with you. We receive this data directly from you, for example when entering into a contract or placing an order, or when a mandate is transferred to us, as well as when other interested parties expressly subscribe to our free newsletter. Specifically, we process the following data:

  • Master data from the contract documents (e.g. name, address and contact details, blank details)
  • Data relating to the performance of the contract (e.g. subject matter of the contract, contact address, payment method and terms)
  • Correspondence data (e.g. correspondence with you)
  • Marketing and sales data (e.g. information that may be of interest to you).

3. Why do we process your data (purpose of processing)? On what legal basis?

Below, we set out the purpose of which we process your data and the legal basis on which we do so:

3.1. To fulfil contractual obligations (Art. 6 Abs. 1 b GDPR)

We process your data in order to carry out the work you have commission us to do; in particular, this involves carrying out your instructions. The specific purpose of data processing depend on the exact nature of work and the information we require from you for this purpose.

3.2. Your consent (Art. 6 Abs. 1 Buchst. a GDPR)

Where you have given us your consent to process special categories of data, that consent forms the legal basis for the processing specified therein. This applies in particular to any consent you may have given when subscribing to our newsletter or to the sending of other information.

You may withdraw your consent at any time with effect for the future. This also applies to the declaration of consent you gave us before the GDPR came into force, i.e. before 25 May 2018. The withdrawal only applies to future processing.

3.3. Due to legal requirements (Art. 6 Abs. 1 c GDPR)

We are subject to various legal obligations, that is to say, statutory requirements (e.g. the German Commercial Code, tax laws, professional regulations). To this end, we must process and store our clients’ data. This relates to the relationship between solicitor and client, the taxation of any fees received, and other specific obligations arising from our position as Rechtsanwälte.

4. Who will receive my data?

Your data will only be disclosed where there is a legal basis for doing so and provided that this does not conflict with other regulations, such as our professional duty of confidentiality. Within our organisation, your data will be shared with those departments that require it to fulfil our contractual and statutory obligations or to carry out their respective tasks. In addition, the following departments may receive your data:

  • data processors engaged by us (Article 28 of the GDPR), particularly in the fields of IT services and logistics, who process your data on our behalf in accordance with our instructions,
  • public bodies and institutions (e.g. tax authorities, the Bar Council, other regulatory authorities) where there is a statutory or regulatory obligation to do so, and
  • other organisations for which you have given us your consent to transfer your data (in particular, our affiliated companies)

We would like to point out that, as solicitors, we are subject to a higher standard of data protection and, in accordance with our duty of confidentiality, may only disclose our clients’ personal data within the limits set out above.

5. How long will my data be stored?

Where necessary, we process your personal data for the duration of our business relationship, which also includes the initiation and performance of a contract. In addition, we are subject to various retention and documentation obligations arising, amongst other things, from the German Commercial Code (HGB) and the German Fiscal Code (AO). The retention and documentation periods specified therein range from two to ten years. Finally, the retention period is also determined by the statutory limitation periods, which, for example, under Sections 195 et seq. of the German Civil Code (BGB), are generally three years, but may in certain cases be as long as 30 years.

6. What data protection rights do I have?

Subject to the relevant legal requirements, you have the right to access your data (Article 15 of the GDPR, Section 34 of the Federal Data Protection Act (BDSG) in the version applicable from 25 May 2018), to rectification (Article 16 of the GDPR), to erasure (Article 17 of the GDPR, § 35 of the BDSG), to restriction of processing (Art. 18 of the GDPR) and to data portability (Art. 20 of the GDPR). You also have the right to lodge a complaint with a data protection supervisory authority (Art. 77 of the GDPR, § 19 of the BDSG).

7. Am I obliged to provide data?

Within the framework of our business relationship, you are only required to provide the personal data necessary for the establishment, performance and termination of a business relationship, or which we are legally obliged to collect. Without this data, we will generally have to refuse to conclude the contract or carry out the order, or will no longer be able to perform an existing contract and may have to terminate it.

8. To what extent is automated decision-making used in individual cases?

We do not use these.

9. To what extent is my data used for profiling?

We do not process your data automatically for the purpose of evaluating specific personal characteristics (so-called profiling).

10. What rights do I have to object (Article 21 of the GDPR)?

a) Right to object on a case-by-case basis

You have the right, on grounds relating to your particular situation, to object at any time to the processing of personal data concerning you which is carried out on the basis of Article 6(1)(f) of the GDPR (data processing based on a balancing of interests). If you object, we will no longer process your personal data unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing serves to establish, exercise or defend legal claims. (You will find our contact details in section 1.)

b) Right to object to the processing of data for the purposes of direct marketing

We may also process your data for direct marketing purposes in accordance with the relevant legal provisions. You have the right to object at any time to the processing of your personal data for the purposes of such marketing. If you object to the processing for direct marketing purposes, we will no longer process your personal data for these purposes. You may submit your objection in any form (you will find our contact details in section 1).

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