We are pleased that you wish to apply for a position with us. We inform you below about how we process your personal data in the context of an application.
Controller pursuant to Article 4 No 7 EU General Data Protection Regulation (GDPR) is:
KUCERA Rechtsanwälte Steuerberater Notar Partnerschaft mbB
Kornmarkt 1A, 60311 Frankfurt am Main
T +49 (0)69 60 60 800-0
Contact details of Data Protection Officers
You can reach our Data Protection Officers by post at the above address adding the suffix “Data Protection Officers” as well as by e-mail at email@example.com.
Purposes of processing personal data and legal basis for processing
We process personal data concerning you for the purpose of recording and managing your application for a position at our law firm to the extent required for us to reach a decision on establishing an employment relationship with you. The legal basis for this is provided by section 26 (1) in conjunction with (8) sentence 2 of the German Federal Data Protection Act (Bundesdatenschutzgesetz – BDSG) in its version as amended on 25 May 2018 (BDSG-new).
Furthermore, we can process personal data concerning you to the extent required to defend against legal claims brought against us in the application process. The legal basis for this is provided by the first sentence of Article 6(1)(f)) GDPR; our legitimate interest may be established, for example, by an obligation to furnish evidence in a proceeding in accordance with the German General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz – AGG).
If an employment relationship is entered into between you and us, we may further process, pursuant to section 26 (1) BDSG-new, the personal data already received from you for the purpose of the employment relationship if required for performing or terminating the employment relationship or for exercising or fulfilling the rights and obligations of the employees’ representative body arising from legislation or a collective bargaining agreement, works council agreement or service agreement (collective agreement).
Categories of personal data and data sources processed
We process data which you provide to us in connection with your application. These may be general data concerning you (such as your name, address and contact data) as well as particulars about your professional career, your professional qualifications and your training and professional development. We may also process professional information which you have made publicly accessible, such as a profile on social media networks or on job application platforms, as well as data made available to us by recruitment agencies.
Categories of recipients
Your personal data are transmitted to our service providers for the purpose of payroll accounting (creation of payroll statements, fulfilment of statutory reporting duties towards the social insurance agencies and fiscal authorities) only if an employment relationship is established on our behalf on the basis of contracts according to Article 28 GDPR.
Transmission to a third country
No transmission to a third country is intended.
Period of processing your personal data
We process your personal data for as long as required for us to decide on your application. If no employment relationship is entered into between you and us, we may store the data for a longer period if and to the extent required to defend against any potential legal claims. In that case we delete your application documents six months from the time when the refusal decision is announced, unless processing for a longer period is required as a result of any legal disputes.
If an employment relationship is entered into between you and us, we may store your data pursuant to the statutory retention obligations for a period of 10 years from the end of the employment relationship.
Your rights as data subject
As an applicant of our law firm, you have the following data protection rights depending on the situation in the individual case, which you may exercise by contacting us or our Data Protection Officers at any time:
Pursuant to Article 15 GDPR, you have the right to obtain information on your personal data processed by us as well as to access your personal data and/or to request copies of such data. This includes information on the purpose of use, the category of the data used, the recipients as well as persons and entities having access to such data and, if possible, the planned period of data storage or, if this is not possible, the criteria for determining such period.
Pursuant to Article 16 GDPR you have the right to request us to rectify inaccurate personal data concerning you without undue delay. Taking into account the purposes of the processing, you have the right to request incomplete personal data to be completed, including by means of a supplementary statement.
Right to object
If we process personal data concerning you on the basis of the first sentence of Article 6(1)(f)) GDPR, you have the right, pursuant to Article 21 GDPR, to object to processing of such data at any time on the grounds of your particular situation.
If the processing is based on a consent, you have the right to revoke the consent at any time without the legality of the processing performed on the basis of such consent up to revocation being affected thereby. For this purpose you may contact us or our Data Protection Officers at any time under the aforementioned contact data.
Right to erasure
Subject to the conditions specified in Article 17 GDPR, you have the right to request from us erasure of personal data concerning you without undue delay, and we have an obligation to erase personal data without undue delay.
Right to restriction of processing and right to data portability
Pursuant to Article 18 GDPR you have the right to request us to restrict the processing of your personal data. Pursuant to Article 20 GDPR, you have a right to data portability.
Right to lodge a complaint
Notwithstanding any other administrative or judicial legal remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your place of residence, your place of work, or of the alleged place of violation, if in your view the processing of the data concerning you is in violation of the GDPR.
No obligation to provide personal data
You are under no obligation to provide us with personal data. However, it is necessary for you to provide us with personal data for us to process your application and for you to conclude a contract of employment with us. That means that we cannot enter into any employment relationship with you if you do not provide us with any personal data along with your job application.
No automated decision-making
No automated decision is made in the individual case within the meaning of Article 22 GDPR, i.e. the decision on your application is not based solely on automated processing.
Last updated: 1 May 2018