A. Introduction

We would like to thank you for your interest in an employment with our law firm. Data protection, and therefore also the protection of your personal data, that is processed throughout the course of your application process, is of great importance to us. The processing of your data, including your name, address or other contact and personal details that we become aware of during your employment, will be conducted in compliance with statutory law (European General Data Protection Regulation – GDPR and German Federal Data Protection Act – FDPA).

The purpose of this note is to inform you about the processing of your personal data and your rights in connection with that. “Personal data” refers to information which relates to an identified or identifiable individual, such as for example name, address and e-mail address. Processing of personal data means dealing with the data in any way, such as using, retaining, destroying or disclosing it.

We need your personal data in order to determine whether we want to enter into an employment relationship with you. That applies especially to your professional qualifications, your knowledge and your skills.

B. Name and address of the person in charge of data processing

Pusch Wahlig Workplace Law
Labor Law Attorneys
Dorotheenstraße 54
10117 Berlin
dpo@pwwl.de

Contact details of the Data Protection Officer

You can reach our Data Protection Officer at

Pusch Wahlig Workplace Law

Labor Law Attorneys
Dorotheenstraße 54
10117 Berlin
0049 (0)30 20629530
dpo@pwwl.de

C. Categories of personal data, that we process and source from which the data originates

If you apply for an employment with us, we will receive personal data from you and potentially from third parties.

The data especially contains your personal details (for example your name, date of birth, gender, personal contact details) and your professional qualifications. In addition, personal data may originate from the documentation of an interview or from evaluation documents that we compile.

Should you have an account on a professionally oriented social network like Xing or Linkedin, we may collect the data from your publically accessible profile.

D. Purposes and legal basis for processing

We process your personal data only for the purpose of carrying out the application process.

Should we enter into an employment agreement with you, we may process your personal data (such as your name, contact details, phone number and certifications etc.) for the conduct of the employment in accordance with statutory law. In that case we will notify you about the processing of your personal data throughout the course of an employment relationship again.

The legal basis to process your personal data is Sec. 26 (1), 1st sentence FDPA in connection with the provisions of the GDPR.

The processing can also be necessary to preserve our legitimate interests as a company, except where such interests are overridden by your interests or fundamental rights and freedoms (Article 6 (1) f) GDPR). Where we rely on legitimate interests as the justification for processing, our legitimate interests will result from Article 12, 14 of the German Basic Law, especially from our interest in an effective administration and the conduct of our business, in the increase of efficiency of internal processes and in the further development of our company.

The processing can also be justified if you have given your consent for one or more specific purposes (Article 6 (1) a) GDPR) such as when you want us to consider your application for future vacancies. Please note that apart from your consent, we might also be entitled to the processing of your personal data if it is provided for under any of the aforementioned legal bases.

If we rely on your consent for the processing of personal data you are at any time entitled to withdraw your consent. However, the withdrawal does not retroactively eliminate the lawfulness of the processing.

E. Disclosure of your data

Within PWWL, the staff members as well as partners in charge of the application process will have access to your data, as far as that is necessary for a hiring decision.

F. Retention of personal data

We only retain your personal data for as long as is required to satisfy the purpose for which it was collected by us or provided by you. Hence, we retain your personal data as follows:

  1. for the duration of the application process;
  2. if your application was not successful, after the notice of rejection, for as long as necessary in order to resolve any queries or disputes;
  3. if you consent to us considering your application for future vacancies, we are entitled to retain your personal data for a corresponding longer period of time;
  4. in case of a legal or regulatory obligation requiring us to retain specific records for a set period of time, for that period of time.

With the omission of the retention purpose or the expiry of a statutory period of limitation, we will erase your personal data in accordance with statutory law.

G. Your rights

Pursuant to the GDPR you are entitled to the following rights:

  • Pursuant to Article 15 GDPR, you have the right to obtain information on the personal data that is processed.
  • Should the processed data be incorrect or incomplete, you can request rectification, Article 16 GDPR.
  • Under the requirements of Article 17 and 18 GDPR, you can have the processed data erased or the processing restricted.
  • You have the right to data portability pursuant to Article 20 GDPR subject to the conditions stated therein. That means that you yourself may receive the data in a structured, common and machine-readable format and you can also request for the data to be transmitted to a third party, if that is technically possible.
  • Pursuant to Article 21 GDPR, you have the right to object to the processing of personal data in cases in which we justify the processing with our legitimate interests.

Please contact the above-mentioned address in case you wish to exercise your rights.

If you wish to receive further information on your rights you may contact the Data Protection Officer at the above-mentioned address.

In addition to the rights mentioned above, you are entitled to file a complaint with the supervisory authority.

H. Data Security

We, as the persons in charge of the processing of data, have taken the technical and organizational measures that are necessary from our point of view to secure the comprehensive protection of your personal data. We cannot guarantee, however, that by transmitting data through the internet, there are no security risks. Consequently we offer the option for you to submit your application documents by mail.