The Bundeskartellamt takes the protection of private data very seriously. It has taken technical and organisational measures to ensure that data protection legislation is observed not only by the Bundeskartellamt but also by external service providers.
This data protection statement provides further information on how to contact the office responsible for the processing of personal data and the Data Protection Officer, the type of data collected, the purpose of collection and basis on which data are collected and your rights regarding the processing of your personal data.
Office responsible and Data Protection Officer
The office responsible for the processing of personal data is the
Tel: 0228 997799-0
Purpose of processing personal data
In performing the duties entrusted to it, the Bundeskartellamt processes personal data. Its public duties include the following areas of activity:
- Enforcing the ban on cartels
- Merger control
- Control of abusive practices of dominant or powerful companies
- Review of procedures for the award of public contracts by the Federation
- Monitoring of electricity and gas wholesale trading
- Monitoring of the fuel sector
- Sector inquiries
- Press and public relations
Legal bases for data processing
The Bundeskartellamt processes personal data on the following legal bases: Art. 6 (1) sentence 1 letters a) to c) and e) EU General Data Protection Regulation (GDPR), Section 3 of the German Federal Data Protection Act (BDSG), Section 45 BDSG.
Categories of recipients
In carrying out its public duties the Bundeskartellamt transfers personal data to other public authorities of the Federal Government or Länder as well as to the competition authorities of other EU Member States, the European Commission, representatives of the press and other parties as well as contractors of the Bundeskartellamt. The Bundeskartellamt checks in every case whether the transfer of such information is necessary.
Duration of storage
Data are stored in compliance with the Directive on the processing and management of records in the Federal Ministries. Once a proceeding has been concluded, specific files are only kept as long as they fulfil their documentation function to ensure the legality of administrative action.
Rights of data subjects in matters not relating to fine proceedings
Both in performing its official duties as well as in its capacity as a contracting party under civil law the Bundeskartellamt is responsible for processing personal data. Under the GDPR the data subject has the following rights:
a) Right of access, Article 15 GDPR
The data subject has the right to access the personal data concerning him or her and other important information such as e.g. the purposes of the processing or the period for which the personal data will be stored. The exceptions under Section 34 of the German Federal Data Protection Act (BDSG) apply.
b) Right to rectification, Article 16 GDPR
The right to rectification includes the possibility for the data subject to have any inaccurate personal data concerning him or her rectified by the controller.
c) Right to erasure, Article 17 GDPR
The right to erasure includes the possibility for the data subject to have data concerning him or her erased by the controller. However, this is only possible if the personal data concerned are no longer necessary, the data have been unlawfully processed or the consent of the data subject has been withdrawn. The exceptions to this law under Section 35 BDSG apply.
d) Right to restriction of processing, Article 18 GDPR
The right to restriction of processing includes the possibility for the data subject to prevent the further processing of his or her personal data. Such restriction is possible in particular in the phase in which the exercise of other rights of the data subject is reviewed.
e) Right to data portability, Article 20 GDPR
The right to data portability includes the possibility for the data subject to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format in order to transmit those data where necessary to another controller. According to Article 20 para. 3 sentence 2 GDPR this right does not apply to processing which is necessary for the performance of a task carried out in the exercise of official duties.
f) Right to object, Article 21 GDPR
The right to object includes the possibility for the data subject to object, on grounds relating to his or her particular situation, to the further processing of personal data concerning him or her, unless the processing is necessary for the performance of a task carried out in the exercise of official duties or for reasons of public and private interest. According to Section 36 BDSG this right does not apply if a public body is obliged by law to undertake such processing.
Rights of data subjects in fine proceedings
The Bundeskartellamt processes personal data in order to prevent, investigate, detect, prosecute and punish criminal and administrative offences. Under the Federal Data Protection Act (Bundesdatenschutzgesetz, BDSG) data subjects have the following rights:
a) Right of access, Section 57 BDSG
Data subjects can request information on whether their data are being processed by the Bundeskartellamt.
b) Right to rectification, erasure or restriction of processing, Section 58 BDSG
Data subjects may also request to have personal data concerning them rectified, erased or its processing restricted and any incomplete personal data completed.
c) Right to contact the Federal Commissioner, Section 60 BDSG.
Data subjects can at any time contact the Federal Commissioner for Data Protection and Freedom of Information. The contact details are:
Der Bundesbeauftragte für den Datenschutz und die Informationsfreiheit
Telephone: +49 228 99 7799-0 Fax: +49 /228 / 99 7799 -5550
d) Right to restriction of processing, Art. 18 GDPR
The right to restriction of processing includes the possibility for the data subject to prevent the further processing of his or her personal data. Such restriction is possible in particular in the phase of verification of other protection rights of the data subject.
e) Right to data portability, Art. 20 GDPR
The right to data portability includes the possibility for the data subject to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format in order to transmit those data where necessary to another controller. According to Art. 20 para. 3 sentence 2 GDPR this right does not apply to processing which is necessary for the performance of a task carried out in exercise of public duties.
f) Right to object, Art. 21 GDPR
The right to object includes the possibility for the data subject to object, on grounds relating to his or her particular situation, to the further processing of personal data concerning him or her to the extent that such processing is justified by the performance of a task carried out in the public interest or by the protection of legitimate public and private interests. According to Section 36 BDSG this right does not apply if a public body is obliged by law to undertake such processing.
All the content of this website has been researched and posted with greatest care. Nevertheless, errors cannot be completely ruled out. The Bundeskartellamt cannot guarantee the accuracy, completeness and actuality of the information provided.
Access to and use of the website is at the user’s own risk. The Bundeskartellamt assumes no liability for any damages resulting from the direct or indirect use of this website.
Nor does it assume liability for the content and availability of third-party websites reached via external links from this website. Responsibility for such external content lies solely with the third party providing the content.
Users may store information, pass it on, reproduce it and set up links to the Bundeskartellamt’s homepage. We insist, however, that the Bundeskartellamt’s website is the only component displayed in the browser window. Furthermore the information provided must not be changed or distorted. If information from this website is passed on or reproduced, this should be done indicating the source.
Where personal or business data (e-mail address, name, postal address) can be entered on the website, this is done on a completely voluntary basis..
Homepage of the Bundeskartellamt
On some of the Bundeskartellamt’s pages cookies are used who are valid until the end of the user session. Most browsers accept cookies automatically. The user also has the option to deactivate the storage of cookies or configure the browser in such a way that cookies are only stored for the duration of the respective internet connection.
Please note that every time a user accesses or retrieves data from our website, access data is temporarily stored and processed in a log file.
The following data will be stored every time a user visits or accesses data from our website:
- Date and time of access (time stamp)
- Details of query and target address (protocol version, HTTP method, referrers, user agent string)
- Name of the file accessed and data volume transmitted (requested URL incl. query string, size in bytes)
- Notification whether access was successful (HTTP status code)The user’s IP address will not be stored. The log data is kept for 30 days.
We would like to specifically point out that the operators of the social networks Twitter and Youtube, which we use as communication channels, permanently store data outside Germany and use it for commercial purposes. We are unable to ascertain to what extent and how long the data are stored. You can find further information on how data are processed by Twitter at the following link: Twitter Data Protection RegulationThe Bundeskartellamt has no influence on the collection and further use of data by Twitter and Youtube. We are unable to ascertain the extent, location and duration of data storage, whether the networks comply with obligations to delete data, how the data is analysed or links created and to whom the data is forwarded. The Bundeskartellamt cannot assume any responsibility for protecting this data.The authority takes the ongoing debate about data protection in social networks very seriously. We are following the debate and assessments by the competent authorities and we are constantly examining whether we can continue our social media presence under the current data protection rules.In the meantime we also ask you to check very carefully which personal data you disclose when using Twitter and Youtube. Please regularly check your privacy settings to protect your private sphere.
We will use “Simplex” to offer a livestream of the conference. Simplex is a service provided by the Encore Group (USA) LLC, 5100 N. River Road, Suite 300, Schiller Park, IL 60176. The Simplex livestream will be available via an embedded “iFrame” on our website. When this iFrame is loaded, personal data are collected and processed. Simplex’s privacy notice is available at: https://www.encoreglobal.com/privacy-policy/
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