Information about Data Protection

when using this website or instructing me as a lawyer

1. Controller

Controller and responsible for collecting and processing your personal data in scope of Regulation 2016/679 (General Data Protection Regulation) and the Federal Data Protection Act (Bundesdatenschutzgesetzes - BDSG) is

Dr. Evelyn Gabrys
Attorney / Certified Labour Law Specialist
Rüttenscheider Straße 134
45131 Essen
Germany
T: +49 (0)201 / 890 741 20
F: +49 (0)201 / 890 741 19
E: info@kanzlei-gabrys.de

2. Collecting and storing of personal data as well as purpose and legal basis for the processing

a) Using this website

When you visit my website, the browser of your device automatically sends information to the server of my website. My website is hosted in a German data centre. The operator collects and stores the usual server log files in order to ensure a smooth link connection as well as security and stability of the system. The usual data include

• IP address
• the kind of browser you use
• the website which tries to get in contact with my website
• your system configuration
• date and time of the connection.

These data are stored for seven days and anonymised automatically.

Legal basis for this data processing is Art. 6 Para. 1 Sent. 1 (f) of Regulation 2016/679 (processing is necessary for the purposes of the legitimate interests).

My website sets cookies (little text files) on your device. Each time your browser connects with my website, your browser sends the message in the text file back to my website.
“Session cookies” are temporary, i.e. they are deleted when your browser is closed.
“Persistent cookies” are stored for a certain period of time (a few days, week, moths…) which is determined in advance. Afterwards, the persistent cookies are deleted automatically.
You can control cookies by checking the setting of your browser (see “settings - data protection and security” or maybe “internet options – data protection – advanced”). You can select whether to accept or block all or single cookies, you can accept cookies for the session or for the relative period.
If you block cookies, the function of the website can be restricted.

b) Contact by email / telephone

If you contact me via email and provide me with personal data (e.g. your email address, name, telephone number), these data will be stored automatically in a German data centre.

If you call my office and I am not available, I will be informed about your data and your request for call-back by the personnel of the law firm Daube & Kämereit.

These data you transmit voluntarily are stored so I can use them for my service as a lawyer.
Legal basis for this data processing is Art. 6 Para. 1 Sent. 1 (b) of Regulation 2016/679 (processing is necessary in order to take steps at the request of the data subject prior to entering into a contract).

The data you transmit might include information on racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, data concerning health or data concerning a natural person's sex life or sexual orientation (special categories of personal data).
These data can be necessary for optimal legal advice in Labour Law (in particular in case of discrimination, dismissal due to illness).
Legal basis for this data processing is Art. 9 Para. 2 (f) of Regulation 2016/679 (processing is necessary for the establishment, exercise or defence of legal claims).

In case you decide not to instruct me as a lawyer, your data will be deleted after three months at the latest.

c) Instructing me as a lawyer

If you instruct me as a lawyer, I collect and process the following data:

• first name, family name,
• contact data such as address, telephone number (landline and/or mobile), personal email address
• all information necessary to give you legal advice and to enforce your claims or defend your rights in the scope of your case – examples:

• date of birth (e.g. important in case of a dismissal due to operational reasons for the social selection or in case a bargaining agreement with the trade union is applicable and prohibits the dismissal of employees with a certain age)
• profession (e.g. important to find the applicable bargaining agreement)
• beginning of the employment relationship (e.g. important for the notice period)
• pregnancy (important for dismissal protection)

Legal basis for this data processing is Art. 6 Para. 1 Sent. 1 (b) of Regulation 2016/679 (processing is necessary for the performance of a contract to which the data subject is party).

According to the circumstances, I collect and process data which include information on racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, data concerning health or data concerning a natural person's sex life or sexual orientation (special categories of personal data). These data can be necessary for optimal legal advice in Labour Law (in particular in case of discrimination, dismissal due to illness).
Legal basis for this data processing is Art. 9 Para. 2 (f) of Regulation 2016/679 (processing is necessary for the establishment, exercise or defence of legal claims)

Data are stored as long as necessary according to statutory retention periods and deleted afterwards. According to Section 50 Federal Lawyers' Act (see link in the imprint), a lawyer is obliged to keep the files for six years. This period commences with the end of the year in which the case was closed. Tax law can stipulate longer retention periods (e.g. ten years for accounting records, Section 147 General Tax Code)
Legal basis for this data processing is Art. 17 Para. 3 (b) of Regulation 2016/679.

Beyond statutory retention periods, data can be stored for the establishment, exercise or defence of legal claims arising from the relationship between lawyer and client.
Legal basis for this data processing is Art. 17 Para. 3 (e) of Regulation 2016/679.

As far as data are necessary for checking colliding interests, these data are not deleted. Background: It is prohibited to represent colliding interests as a lawyer. Therefore, a lawyer is forced to reject a new client, if he represented the opponent party once in the past. See Section 356 Crimial Code, Section 43a Para. 4 Federal Lawyers’ Act and Section 3 of the Rules of Professional Practice (see link in the imprint). The permanent storage of certain basic data is necessary to ensure that I will be able at all times to check whether the opponent party was once a client. It is not sufficient to check the own memory, since the prohibition lasts for a lifetime and clients of a colleague in the same law firm can be important, too.
Legal basis for this data processing is Art. 17 Para. 3 (b) of Regulation 2016/679.

It is also possible that you consent to the storage of your data in the scope of a long-term relationship between lawyer and client. You have the right to withdraw your consent at any time. See Art. 6 Para. 1 Sent. 1 (a), Art. 7, Art. 9 Para. 2 (a) of Regulation 2016/679.

3. Recipients of data

a) Processor

I have agreements with several service companies, e.g. for my website, telephone service, administration and maintenance of the IT system. On demand, I provide you with further information.

b) Third Party

Dealing with your case might include that your data are transferred to third parties, e.g. to the opponent party and their lawyers, to the authorities, the court, the legal expenses insurance, your tax consultant.

4. Data security

In order to protect your data against alteration, loss, destruction or unauthorised access by third parties, several technical and organisational measures are used and regularly improved according to technological developments.

5. Your Rights

a) Right to object

In case your data are processed for the purposes of the legitimate interests according to Art. 6 Para. 1 Sent. 1 (f) of Regulation 2016/679 (see above: using this website), you have the right to object at any time to processing on grounds relating to your particular situation. In this case, I am no longer allowed to process the personal data unless I demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims, see Art. 21 Para. 1 of Regulation 2016/679.

In case you want to object, please send an email to info@kanzlei-gabrys.de

b) Further rights

As far as the relative requirements are fulfilled, you also have the right

• of access and information (Art. 15 of Regulation 2016/679),
• to rectification and completion (Art. 16 of Regulation 2016/679),
• to erasure (Art. 17 of Regulation 2016/679),
• to restriction of processing (Art. 18 of Regulation 2016/679) and
• to data portability (Art. 20 of Regulation 2016/679).

In addition, Sections 29 and 32 et seqq. Federal Data Protection Act are applicable.

If you want to use your rights, please contact me.

Furthermore, according to Art. 77 of Regulation 2016/679, you have the right to lodge a complaint with a supervisory authority (in particular in the Member State of your habitual residence, place of work or place of my office), if you consider that the processing of personal data relating to you infringes the Regulation. Responsible for my office is this authority:

Landesbeauftragte für Datenschutz und Informationsfreiheit Nordrhein-Westfalen
Kavalleriestraße 2-4
40213 Düsseldorf
T: 0211 / 38 424-0
F: 0211 / 38 424-10
E: poststelle@ldi.nrw.de
www.ldi.nrw.de

6. Links to other websites

My website offers links to other websites. If you use these links, I have no control which data are collected and processed by the relative website. Please find detailed information concerning collecting and processing of data on the data protection page of the relative website. I deny responsibility for other people’s websites collecting and processing of data.

February 2023

You can read and print the information letter here .