Client information
on data protection, as well as information on data processing according to Art. 12, 13.14 and 21 GDPR
Dear Client,
Data protection and the processing of your personal data are very important to us. As patent attorneys, we are subjects of professional secrecy and are therefore already legally and under criminal law obliged to maintain secrecy and confidentiality (§ 43a Para. 2 Federal Lawyers’ Act, § 2 BORA, § 203 StGB). Proper processing of your personal data is therefore a matter of course for us.
Due to the statutory provisions of the General Data Protection Regulation (GDPR), we are obliged and willing to provide you with comprehensive information (Art. 13 GDPR) about the processing of your personal data. To this end, we inform you of the following:
1 Name of the controller
The controller for the processing of your personal data is the
Patentanwälte Olbricht Buchhold Keulertz Partnerschaft mbB (partnership of lawyers with limited professional liability)
– hereinafter also referred to as Olbricht Patentanwälte –
2 Managing director, head of data processing
2.1 Management
Managing director of the controller is
Dipl.-Phys. Jürgen Buchhold
Dipl.-Ing. Robin Keulertz
Dipl.-Ing. Matthias Rathert
2.2 Data Protection Officer
Mr. Jens Engelhardt and his representative Mr. Erdem Durmus
NOTOS Xperts GmbH
Heidelberger Str. 6
64283 Darmstadt
Germany
3 Address of the controller
Patentanwälte Olbricht Buchhold Keulertz Partnerschaft mbB
Neue Mainzer Str. 75
60311 Frankfurt am Main
Germany
Phone: +49 69 7890 401 0
Fax: +49 69 7890 401 10
email:
website: www.olbrichpatent.de
4 Purpose of the data processing
Olbricht Patent Attorneys is a well-established German patent law firm with a wide range of capabilities within IP law. This includes patents, utility models, trademarks, designs, license agreements and employees’ inventions.
Situated in Frankfurt, Germany’s business and financial hub, and branching out to Northern and Southern Germany with our offices in Hamburg and Memmingen, we serve national as well as international clients, providing expert knowledge in all technical fields, ranging from physics, mechanical engineering and electronics, to chemistry, the life sciences, pharmacology, biotechnology and medical technology.
Your personal data is processed for the purpose of establishing, implementing and terminating a client relationship with you.
5 Data categories
In the context of this, we process the following personal data or categories of data from you in particular:
- Name,
- First name,
- Date of birth,
- Address data,
- Position and function in your company,
- Bank details
- Insurance data and in particular
- Mandate-relevant content data about legally relevant actions or omissions.
6 Legal basis for processing
The legal basis for the processing of your personal data follows from:
- Contract (Art. 6 para. 1 lit. b) GDPR),
- Legal requirements (Art. 6 para. 1 lit. c) GDPR) and
- Consent (Art. 6 para.1 lit. a), 7 GDPR) as well as from
- our legitimate interests (Art. 6 para.1 lit. f GDPR), unless your legitimate interest in the exclusion of the processing outweighs this, this may be the case in particular if you have objected to processing for certain purposes (e.g. information mailings).
7 Recipient or category of recipients
In order to fulfill our contractual and legal obligations, your data will be forwarded to the following recipients or category of recipients:
- Courts
- Prosecutors
- Offices
- Opposition
- Involved parties
- Parties to whom a dispute was proclaimed
- Tax office
- Banking institutions
- Insurance companies
- External service providers
- IT care and maintenance
- Cloud provider
- Law firm software
- Data carrier disposal and document destruction
- Logistics companies;
- Controlling/Auditing.
8 Transfer to a third country
In principle, no transfer of your data to a third country within the meaning of the GDPR takes place without your knowledge. However, insofar as we conduct international proceedings on your behalf, such as the registration of intellectual property rights abroad (e.g., patents in the USA, Canada) or coordinate proceedings abroad for you as a correspondent attorney as well as conduct contract negotiations with a foreign company (e.g. in the USA, India, Ukraine, etc.), your name and, if applicable, contact data will be transmitted as intended. in the USA, India, Ukraine, etc.), your name and, if applicable, contact data as well as legal content data (factual data) will be transmitted to the foreign counterpart (foreign patent and trademark offices, courts, colleagues and negotiating partners).
9 Duration of storage, erasure of personal data
In order to fulfill our contractual and legal obligations, we store the data, unless there is a legitimate interest within the meaning of Art. 6 I f) GDPR, which would justify a longer storage, for the following periods:
- Files for mandate period + 6 years after completion (Sec. 44 PAO)
- Judgments and titles in original à usually issued to client, otherwise 30 years
- Receipts for invoices à10 years, § 147 I No. 4,5 in conjunction with III AO; § 257 I No. 1, 4 in conjunction with § 238 I HGB
10 Existence of a right of access, rectification, etc.
You have the following rights with respect to us regarding personal data concerning you:
- Right of access
- Right of rectification or erasure
- Right to restriction of processing
- Right to data portability
- The right to complain to a data protection supervisory authority about the processing of your personal data by us if you do not agree with the handling of your data as well as
- Right of revocation: You have the right to revoke your declaration of consent under data protection law at any time. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation;
- 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 which is carried out on the basis of Article 6(1)(e) or (f) GDPR; this also applies to profiling based on these provisions.
- The controller shall no longer process the personal data concerning you unless it can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or for the establishment, exercise or defense of legal claims.
- If the personal data concerning you is processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purpose of such marketing; this also applies to profiling, insofar as 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 these purposes.
- You have the possibility, in connection with the use of information society services – notwithstanding Directive 2002/58/EC – to exercise your right to object by means of automated procedures using technical specifications.
Patentanwälte Olbricht Buchhold Keulertz Partnerschaft mbB
Status: April 2022