Data Protection

In the following, we inform you about the type, extent and purpose of data processing by BOEHMERT & BOEHMERT in relation to the receipt of an instruction to act and the handling of a client matter as well as in relation to other activities of BOEHMERT & BOEHMERT.

1. Data controller and data protection officer

The data controller is Boehmert & Boehmert Anwaltspartnerschaft mbB, Patent Attorneys, Attorneys at Law, Hollerallee 32, 28209 Bremen, Germany, Tel.: +49 (0)421 3409 0, Fax: +49 (0)421 3491768.

You can contact our Data Protection Officer at BOEHMERT & BOEHMERT Anwaltspartnerschaft mbB, Patent Attorneys, Attorneys at Law, Hollerallee 32, 28209 Bremen, Germany, Tel.: +49 (0)421 3409 0, email: datenschutzbeauftragter@boehmert.de.

2. The processing of clients’ personal data

When we receive an instruction to act as attorneys, we collect and process the name, address and other contact information (e. g. email addresses, telephone and fax numbers etc.) of the requesting party as well as information related to any facts provided by them, which could also contain personal data. In the course of working on client matters, further personal data could also be stored.

The collection and further processing of this data is carried out for the purposes of establishing and performing the contract of engagement and to carry out pre-contractual steps at the request of the Data Subject, as well as for the purposes of billing the services provided.

The legal basis for this processing of data is Art. 6 (1), b) GDPR.

3. The processing of the personal data of others

In the course of providing its services, BOEHMERT & BOEHMERT also processes personal data of third parties, e.g. those of opposing parties, representatives of opposing parties, contact persons in public authorities, courts and service providers, business contacts etc. This includes in particular contact data (names, addresses, telephone numbers and fax numbers, email addresses etc.) as well as information relating to client matters, which could also contain personal data. Some of this data is collected directly from the Data Subject, some is collected by other means, specifically for the purpose of providing legal advice and representation services to clients of BOEHMERT & BOEHMERT, including the related correspondence and documentation, for the purpose of business communications and in relation to establishing a possible working relationship in the future (e. g. recording contact details of translators, research institutes or other service providers; personal contact details in the course of prior business encounters etc.).

The legal basis for this processing of data is Art. 6 (1), f) GDPR. The legitimate interest is in the proper and effective provision of legal advice and representation services to clients.

To the extent that contractual agreements exist between the data subject and BOEHMERT & BOEHMERT and the processing of personal data occurs in the performance of those agreements, the basis for that processing is Art. 6 (1) b) GDPR. The processing may also be necessary in order to comply with a legal obligation; the basis for processing in that case is Art. 6 (1) c) GDPR.

4. Recipients of personal data / transmission to third countries

1. In the course of the administrative handling of client matters, personal data is sent to service providers who process that data for a specific purpose on behalf of BOEHMERT & BOEHMERT within the meaning of Art. 28 GDPR on the basis of a contractual agreement for third party processing as per Art. 28 (3) GDPR. Primary examples of this are IT service providers, in particular in respect of the attorney software and technical infrastructure used, and service providers for financial bookkeeping and accounting. All service providers engaged by BOEHMERT & BOEHMERT have signed a contractual agreement with BOEHMERT & BOEHMERT in which they undertake to maintain confidentiality where they come into or could come into contact with information covered by a confidentiality undertaking.
2. Depending on the type of client matter, personal data may also be transferred in the course of working on the matter to third parties who are not processors. This may include, in particular, recipients in the following categories: opposing parties and representatives thereof, courts, authorities, bailiffs, correspondence attorneys and external counsel, translation service providers, research service providers, consulates, embassies etc.

Such a transmission to third parties will only occur if and to the extent that

• the transmission is necessary for the performance of the contract of engagement (legal basis: Art. 6 (1) b) GDPR) or
• this is covered by the client’s consent (legal basis: Art. 6 (1) a) GDPR), or
• the transmission of data is required to preserve the legitimate interests of BOEHMERT & BOEHMERT or a third party, in particular a client, and these are not overridden by the interests or fundamental rights and freedoms of the Data Subject, which require the protection of personal data (legal basis: Art. 6 (1) f) GDPR).

3. In connection with the work on client matters, personal data may be transmitted, depending on the individual case concerned, to third countries, namely countries outside the European Union and the European Economic Area (EEA), or international organizations (e. g. authorities, opponents and their representatives, correspondent attorneys etc.). This includes transmission to countries in relation to which the European Commission has not decided that the country ensures an adequate level of protection (Art. 45 (3) GDPR) and possibly also transfers for which no safeguards under Art. 46 GDPR are provided.

To the extent that an adequacy decision has not been adopted and/or suitable safeguards have not been provided, a transmission of that kind will only be made in exceptional cases as per Art. 49 (1) point GDPR, in particular if and to the extent that

• this is necessary for the performance of the contract of engagement between the client and BOEHMERT & BOEHMERT or to carry out precontractual steps at the request of the client,
• this is necessary for the conclusion or performance of a contract entered into in the interests of the client by BOEHMERT & BOEHMERT with another natural or legal person,
• this is necessary for the assertion, exercise and defence of legal claims,
• an express consent within the meaning of Art. 49 (1) a) GDPR, or
• the transmission is from a register within the meaning of Art. 49 (1) g) GDPR (e. g. the German Trade Mark and Patent Register).

5. Duration of retention

The mandatory retention period for files by attorneys at law and patent attorneys is currently six years, commencing upon expiry of the calendar year in which the concrete case ended; moreover, the general tax and/or commercial retention periods apply. BOEHMERT & BOEHMERT will store the personal data related to clients and client matters for at least the duration of these time limits.

In addition, BOEHMERT & BOEHMERT will, in individual cases, processes, on the basis of Art. 6 (1) f) GDPR, personal data related to clients and client matters also beyond these statutory retention periods, to the extent that this is appropriate and necessary, in particular in the case of open ended client relationships, for the ongoing maintenance, monitoring, preservation and defense of intellectual property rights and other legal interests. In this regard, in the case of open ended client relationships, the data related to individual matters will not be deleted prior to the end of the client relationship to enable information from completed matters to be taken into account in respect of the advice on current and future matters. Moreover, processing beyond the statutory data retention periods is carried out for the purpose of identifying and preventing conflicts of interest before working on new cases as well as for providing information to clients, including in relation to concluded matters.

Contact data not related to a specific client and/or client matter, concerning, for example contact persons at service providers (e. g. research providers, translators, survey institutes etc.) is stored for as long as this is needed for the purposes described above.

6. Your data subject rights

As a data subject, you have the following rights under the GDPR. You are entitled to these rights under the conditions of the respective data protection regulations:

• Right of access (Art.15 GDPR)
• Right to rectification (Art. 16 GDPR)
• Right to erasure (Art. 17 GDPR)
• Right to restriction of processing (Art. 18 GDPR)
• Right to lodge a complaint with the respectively competent data protection supervisory authority (Art. 77 GDPR)
• Right to object to processing (Art. 21 GDPR)

In the case of an objection, BOEHMERT & BOEHMERT will no longer process the personal data, unless

• the processing serves the assertion, exercise, or defense of legal claims or
• BOEHMERT & BOEHMERT can prove necessary, legitimate grounds for the processing which override the interests, rights, and freedoms of the Data Subject.

7. Automated decision-making including profiling

Automated decisions in individual cases including profiling within the meaning of Art. 22 GDPR do not take place in connection with our consulting activities.

This Data Protection Policy was last updated on 01.02.2023 and may in future be modified according to changing circumstances, in particular to conform to amendments to legal requirements, the practice of public authorities or case law.

Version: 01.02.2023