IX. Rights of the Data Subject
If personal data is processed about you, you are a data subject within the meaning of the GDPR, and you have the following rights with respect to the data controller:
1. Right of Access
You have the right to obtain confirmation from the data controller as to whether personal data concerning you is being processed. If such processing occurs, you can request the following information from the data controller:
(1) the purposes for which the personal data is being processed;
(2) the categories of personal data being processed;
(3) the recipients or categories of recipients to whom the personal data concerning you has been or will be disclosed;
(4) the intended duration of storage of the personal data concerning you, or, if specific details are not possible, the criteria used to determine the storage period;
(5) the existence of the right to rectification or deletion of the personal data concerning you, the right to restrict processing by the data controller, or the right to object to such processing;
(6) the existence of the right to lodge a complaint with a supervisory authority;
(7) all available information on the source of the data, if the personal data was not obtained from the data subject;
(8) the existence of automated decision-making, including profiling, in accordance with Article 22(1) and (4) GDPR, and – at least in these cases – meaningful information about the logic involved, as well as the scope and intended consequences of such processing for the data subject. You have the right to request information about whether the personal data concerning you will be transferred to a third country or to an international organization. In this context, you may request to be informed about the appropriate safeguards in accordance with Article 46 GDPR related to the transfer.
2. Right to Rectification
You have the right to request rectification and/or completion of personal data concerning you from the data controller if the processed personal data is inaccurate or incomplete. The data controller must carry out the rectification without undue delay.
3. Right to Restriction of Processing
You may request the restriction of processing of personal data concerning you under the following circumstances:
(1) if you dispute the accuracy of the personal data concerning you, for a period enabling the data controller to verify the accuracy of the personal data;
(2) the processing is unlawful and you oppose the deletion of the personal data and instead request the restriction of its use;
(3) the data controller no longer needs the personal data for processing purposes, but you require it for the establishment, exercise, or defense of legal claims; or
(4) if you have objected to the processing under Article 21(1) GDPR and it is not yet determined whether the legitimate grounds of the data controller override your reasons.
If the processing of personal data concerning you is restricted, such data – apart from being stored – may only be processed with your consent, for the establishment, exercise, or defense of legal claims, for the protection of the rights of another natural or legal person, or for reasons of substantial public interest of the Union or a member state. If the restriction of processing has been applied under the above conditions, you will be informed by the data controller before the restriction is lifted.
4. Right to Erasure
a) Obligation to Erase
You may request the data controller to erase personal data concerning you without undue delay, and the data controller is obliged to erase such data without undue delay, if one of the following reasons applies:
(1) The personal data concerning you is no longer necessary for the purposes for which it was collected or otherwise processed.
(2) You withdraw your consent on which the processing is based according to Article 6(1)(a) or Article 9(2)(a) GDPR, and there is no other legal basis for the processing.
(3) You object to the processing according to Article 21(1) GDPR and there are no overriding legitimate grounds for the processing, or you object to the processing according to Article 21(2) GDPR.
(4) The personal data concerning you has been unlawfully processed.
(5) The erasure of the personal data concerning you is required to fulfill a legal obligation under Union law or the law of the member states to which the data controller is subject.
(6) The personal data concerning you was collected in relation to the offer of information society services according to Article 8(1) GDPR.
b) Information to Third Parties
If the data controller has made the personal data concerning you public and is required to erase it under Article 17(1) GDPR, the controller will take appropriate measures, taking into account the available technology and the costs of implementation, including technical measures, to inform other data controllers who are processing the personal data that you, as the data subject, have requested the deletion of all links to, or copies or replications of, such personal data.
c) Exceptions
The right to erasure does not apply insofar as the processing is necessary:
(1) for the exercise of the right to freedom of expression and information;
(2) for compliance with a legal obligation requiring processing under Union or member state law to which the data controller is subject, or for the performance of a task carried out in the public interest or in the exercise of official authority vested in the data controller;
(3) for reasons of public interest in the area of public health in accordance with Article 9(2)(h) and (i) as well as Article 9(3) GDPR;
(4) for archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes in accordance with Article 89(1) GDPR, insofar as the right under section a) is likely to render impossible or seriously impair the achievement of the objectives of such processing; or
(5) for the establishment, exercise, or defense of legal claims.
5. Right to Notification
If you have exercised your right to rectification, erasure, or restriction of processing with the data controller, the controller is obligated to inform all recipients to whom the personal data concerning you has been disclosed of the rectification or erasure of the data or the restriction of processing, unless this proves impossible or involves disproportionate effort. You have the right to be informed by the data controller about these recipients.
6. Right to Data Portability
You have the right to receive the personal data concerning you that you have provided to the data controller in a structured, commonly used, and machine-readable format. You also have the right to transmit this data to another data controller without hindrance from the data controller to whom the personal data was provided, provided that:
(1) the processing is based on your consent under Article 6(1)(a) GDPR or Article 9(2)(a) GDPR, or on a contract under Article 6(1)(b) GDPR; and
(2) the processing is carried out by automated means.
In exercising this right, you also have the right to request that the personal data concerning you be transmitted directly from one controller to another, where technically feasible. The rights and freedoms of other persons must not be affected by this. The right to data portability does not apply to the processing of personal data which is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the data controller.
7. Right to Object
You have the right to object at any time, for reasons arising from your particular situation, to the processing of personal data concerning you, which is based on Article 6(1)(e) or (f) GDPR; this also applies to profiling based on these provisions.
The data controller shall no longer process the personal data concerning you unless the controller demonstrates compelling legitimate grounds for the processing that override your interests, rights, and freedoms, or the processing is necessary for the establishment, exercise, or defense of legal claims. If the personal data concerning you is processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data concerning you for such marketing purposes; this also applies to profiling to the extent it is related to such direct marketing. If you object to processing for direct marketing purposes, the personal data concerning you shall no longer be processed for such purposes. You have the option, in connection with the use of information society services - notwithstanding Directive 2002/58/EC - to exercise your right to object through automated procedures that use technical specifications.
8. Right to Withdraw the Data Protection Consent Declaration
You have the right to withdraw your data protection consent declaration at any time. The withdrawal of consent does not affect the lawfulness of processing based on the consent before its withdrawal.
9. Automated Decision-Making in Individual Cases, Including Profiling
You have the right not to be subject to a decision based solely on automated processing, including profiling, that produces legal effects concerning you or similarly significantly affects you. This does not apply if the decision is:
(1) necessary for the conclusion or performance of a contract between you and the data controller,
(2) authorized by Union or Member State law to which the controller is subject, and such law contains appropriate safeguards for your rights and freedoms as well as your legitimate interests, or
(3) based on your explicit consent.
However, these decisions must not be based on special categories of personal data under Article 9(1) GDPR, unless Article 9(2)(a) or (g) GDPR applies and appropriate safeguards have been provided for the rights and freedoms as well as your legitimate interests.
With regard to the cases mentioned in (1) and (3), the data controller will implement appropriate measures to safeguard your rights and freedoms, including at least the right to obtain human intervention by the controller, to express your point of view, and to contest the decision.
10. Right to Lodge a Complaint with a Supervisory Authority
Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your residence, place of work, or the place of the alleged infringement, if you believe that the processing of your personal data violates the GDPR. The supervisory authority with which the complaint has been lodged shall inform the complainant about the status and outcome of the complaint, including the possibility of a judicial remedy under Article 78 GDPR.
