Information for Clients Pursuant to Articles 13 and 14 of the General Data Protection Regulation (DS-GVO) on the Processing of Client-Related Data in the Law Firm of Dr. Wente
Responsibility for the protection of your data
If you instruct us, we, the law firm of Dr. Wente (hereinafter referred to as the “Firm”), are responsible for the protection of your personal data, which we receive and process in the course of processing your mandate.
Collection and storage of personal data
When you mandate us, we collect the following information:
- Salutation, title, first name, last name,
- if applicable, the name and designation of the company or institution in which you are working,
- if applicable, your job title or professional training, your e-mail addresses for the processing of the mandate (mostly professional, if applicable also private) as well as the names and e-mail addresses of the employees or contact persons notified by you or required for the processing of the mandate,
- Your address (business and home, if applicable),
- Your telephone number(s) (landline and/or mobile), fax numbers,
- Information on facts and data necessary to assert and exercise your rights under the mandate or to process a notarial matter,
- correspondence arising within the scope of the mandate with the personal data contained therein,
- all data collected for the purpose of billing our services (activity records, if applicable, with contact persons of telephone calls or meetings) including account details and, if necessary, your tax identification number,
- in individual cases, further data required under the Money Laundering Act, in particular the date and place of birth, nationality, a copy of the identity card or passport, data on beneficial ownership and information on whether you or a beneficial owner in your mandate or their immediate family members or persons close to you are a politically exposed person.
Nature and purpose of data processing
The processing of your aforementioned personal data is based on your mandate and is in accordance with Art. 6 para. 1 sentence 1 lit. b DS-GVO for the lawful and appropriate processing of your mandate and the mutual fulfillment of obligations arising from the mandate relationship or for the processing of a notarial transaction (Art. 6 Para. 1 Sentence 1 lit. c and e DS-GVO). Furthermore, we process the data for correspondence with you, the parties to the mandate, opponents and courts or authorities involved as well as for invoicing. The processing of the above data may already be partially necessary for the collision check in the run-up to the mandate.
Data Deletion
The personal data collected by us in the context of the mandate as well as the mandate processing will be stored until the expiry of the statutory retention obligation for lawyers (according to § 50 para. 1 BRAO 6 years after the end of the calendar year in which the mandate was terminated), and then deleted, unless we are required by Art. 6 para. 1 sentence 1 lit. c DS-GVO due to tax and commercial law retention and documentation obligations (from HGB, StGB or AO) according to Art. 6 para. 1 Sentence 1 lit. c and e DS-GVO are obliged to store data for a longer period of time, the storage according to § 24 para. 1 # 2 BDSG is necessary for the assertion, exercise or defense of civil claims or you consent to storage beyond this in accordance with Art. 6 Para. 1 Sentence 1 lit. a DS-GVO.
Disclosure of data to third parties and categories of recipients
Your personal data will not be transferred to third parties for purposes other than those listed below.
Insofar as this in accordance with Art. 6 Para. Insofar as this in accordance with Art. 6 Para. 1 Sentence 1 lit. 1 b DS-GVO is required for the processing of mandate relationships with you, your personal data will be passed on to third parties. 1 b DS-GVO is required for the processing of mandate relationships with you, your personal data will be passed on to third parties. This includes in particular the disclosure to opposing parties and their representatives (in particular their lawyers) as well as courts, public registers and other public authorities for the purpose of correspondence as well as the assertion and exercise of your rights. Third parties are legally obligated to use the disclosed data exclusively to the extent required or necessitated by the processing of the mandate for the aforementioned purposes.
In addition, data will only be passed on if you as the data subject give your consent or if we as the responsible party pursuant to Art. 6 Para. 1 Sentence 1 lit. c
DS-GVO are legally obligated to disclose, for example to tax and financial authorities in the context of corresponding audits.
As part of our tax obligations, we use the services and performance of a tax advisor. Only if it is necessary for tax reasons, the latter may inspect personal data (fee invoices with proof of activity). As a result of his professional duty of confidentiality, the tax consultant is obliged to protect your personal data.
Irrespective of this, the law firm uses contract processors for the support, storage and hosting of our IT systems and applications, which are subject to the provisions of Art. 4 Sec. 10 DS-GVO are not third parties, are subject to confidentiality and process your data only in accordance with our instructions.
A transfer to Third Countries outside the EU will occur if and to the extent that you have an email correspondence with us from Third Countries outside the EU or via email providers in the Third Countries outside the EU (such as Google or Microsoft in the context of Office 365), or the mandate concerns a matter in Third Countries outside the EU and requires communication with parties in Third Countries outside the EU.
The attorney-client privilege remains unaffected in any case. As far as data subject to the attorney-client privilege are concerned, they will only be disclosed to third parties with your express consent and in the attorney’s capacity to protect your interests on the basis of the order placed.
Data Security
If you correspond with the firm via e-mail, please note that transmission without end-to-end encryption does not guarantee any data security during data transport. To enable end-to-end encryption, please send us an email with your SSL certificate in advance. We can then write to you using S/MIME encrypted emails. When you receive an email from us, the sender’s SSL certificate is always attached. You can use this to write to the respective contact person with e-mails that are encrypted by S/MIME.
Information concerning your rights
You have the rights:
- pursuant to Art. 15 DS-GVO to request confirmation from us as to whether we are processing personal data relating to you. If this is the case, you have the right to request information about this personal data. In particular, you can request information about the processing purposes, the category of personal data, the categories of recipients to whom your data has been or will be disclosed, the planned storage period, the existence of a right to rectification, erasure, restriction of processing or objection, the existence of a right of complaint, the origin of your data if it has not been collected by us, and the existence of automated decision-making, including profiling, and, if applicable, meaningful information about its details;
- in accordance with Art. 16 DS-GVO to demand the correction of incorrect or completion of your personal data stored in the firm without delay;
- according to Art. 7 par. 3 DS-GVO to revoke any consent given at any time. This has the consequence that we may no longer continue the data processing based on this consent for the future;
- to request the restriction of the processing of your personal data in accordance with Art. 18 DS-GVO, insofar as the accuracy of the data is disputed by you, the processing is unlawful, but you object to its erasure and we no longer require the data, but you need it for the assertion, exercise or defense of legal claims or you have objected to the processing in accordance with Art. 21 DS-GVO;
- in accordance with Art. 20 DS-GVO, to receive your personal data that you have provided to us in a structured, common and machine-readable format or to request the transfer to another controller, and
- pursuant to Art. 17 DS-GVO to request the erasure of your personal data stored by us, unless the processing is necessary for the exercise of the right to freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the assertion, exercise or defense of legal claims.
To exercise your rights or for any questions, please contact the lawyer handling your case or the contact address:
Anwaltskanzlei Dr. Wente
E-Mail: office@kanzlei.wente.de
Phone: +49 (0)89 287 00 72 – 0
Fax: +49 (0)89 903 94 10
Right of Complaint
If you believe that our processing of personal data concerning you violates the law or the statute, you have the right to lodge a complaint with a supervisory authority pursuant to Article 77 of the GDPR. As a rule, you can contact the supervisory authority of your usual place of residence or workplace or the supervisory authority of our office for this purpose. This is the Bavarian State Office for Data Protection (Bayerische Landesamt für Datenschutzaufsicht).
Right of Objection
If your personal data is collected on the basis of legitimate interests pursuant to Art. 6 para. 1 Sentence 1 lit. f DS-GVO, you have the right to object to the processing of your personal data in accordance with Art. 21 DS-GVO, provided that there are grounds for doing so that arise from your particular situation.
If you wish to exercise your right to object, simply send an e-mail to:
