Ombudspersonen • Vertrauensanwälte • Meldestelle
During the use of BKMS® System, a text file (called a “session cookie”) is saved on your computer containing only the number of your session. This is necessary for technical reasons in order to establish the connection to a security-certified server. The “session cookie” does no damage to your computer, it does not access your data and has no relation to the contents of your report. If you close all browser windows after submitting your report, the “session cookie” will expire and be automatically deleted.
Dear whistleblower,
We would like to inform you that our whistleblowing system is now accessible via the following link:
Whistleblowing-System
Phone 030/31 86 85-3
Telefax 030/31 86 85-55
Email mail@fs-pp.de
FS-PP Berlin - Dr. Auffermann, Dr. Vogel, Dr. Albrecht - Partnerschaft mbB is a partnership company with limited professional liability in accordance with the Partnership Company Act, registered in the Partnership Register of the Local Court Charlottenburg in Berlin under PR 994 B.
Partners of the Partnerschaftsgesellschaft with limited professional liability (mbB) are the lawyers Dr iur. Niklas Auffermann, Dr. iur. Sebastian Vogel, Dr. iur. David Albrecht. They represent the company.
Dr. iur. Niklas Aufferman is responsible for the contents of www.fs-pp.de and www.fachanwaelte-strafrecht-potsdamer-platz.de. to the extent that no other editorially responsible person is designated on individual sides.
The attorneys of Partnerschaftsgesellschaft mbB are admitted as attorneys in Germany. They are members of the Berlin Bar Association (Rechtsanwaltskammer Berlin), which is responsible for them as the supervisory authority:
Rechtsanwaltskammer Berlin
Littenstraße 9 in 10179 Berlin
Tel. 030/306931-0
www.rak-berlin.de
Pursuant to § 36 (1) no. 2 VSBG (Consumer Dispute Participation Act), we would like to point out that the arbitration board of the legal profession is responsible for property disputes arising from the mandate relationship:
Schlichtungsstelle der Rechtsanwaltschaft bei der Bundesrechtsanwaltskammer
Neue Grünstraße 17/18
10179 Berlin
Tel. 030/2844417-0
Fax 030/2844417-12
http://www.s-d-r.org/
In principle, all partners and salaried lawyers are not prepared to participate in dispute resolution proceedings at the conciliation body of the legal profession.
In accordance with Art. 14 Par. 1 EU Regulation 524/13 (ODR Regulation), we also refer to online dispute resolution in accordance with EU law: The link to the EU Online Dispute Settlement Platform is http://ec.europa.eu/consumers/odr/
The following professional regulations apply to lawyers:
Federal Lawyers' Act (BRAO)
Lawyers' Fees Act (RVG)
Professional code of conduct for lawyers (BORA)
Specialist lawyer regulation (FAO)
Professional Rules for Lawyers in the European Union (CCBE)
Act on the Activities of European Lawyers in Germany (EuRAG)
Further information and legal texts can be found on the homepage of the Federal Chamber of Lawyers under the heading “Berufsrecht” (Professional Law) in German and English at www.brak.de/fuer-anwaelte/berufsrecht
Financial loss liability insurance of the Partnerschaftsgesellschaft mbB (with limited professional liability) and its lawyers: HDI Versicherung AG, HDI-Platz 1, 30659 Hanover. Territorial validity: 1. Germany; 2. European countries: The insurance covers liability claims arising from activities a) in connection with consulting and employment with European law, b) of the lawyer before European courts; 3. worldwide in the amount of the legally-prescribed minimum sum insured for liability claims arising from the use of the policyholder before non-European courts.
DE207507517
The protection of your data and the confidentiality of your identity are very important to us. Naturally, we process your personal data exclusively in accordance with the EU General Data Protection Regulation (EU-GDPR) and the applicable national data protection regulations. In addition, the BKMS® System developed by EQS Group GmbH with its outstanding encryption and permission concept guarantees an exceptional level of protection for the data in the whistleblowing system – including your identity. The BKMS® System also offers you the ability to submit your report anonymously. Please read this data protection information carefully before submitting a report.
Version: February 2019
The party responsible for data protection in the whistleblowing system is:
In case of questions and suggestions, please contact our data protection officer:
Before contacting us, please examine the current version of the privacy statement of FS-PP at https://fachanwaelte-strafrecht-potsdamer-platz.de/de/datenschutz.
The whistleblowing system is operated by a specialised company, EQS Group GmbH, Karlstraße 47, 80333 Munich, Germany, as a data processor in accordance with Art. 28 GDPR.
Personal data and information that you enter into the whistleblowing system are stored in a database of a high security data centre operated by EQS Group GmbH. The decryption and viewing of the data are only possible by FS-PP. Neither EQS Group GmbH nor other third parties have access to interpretable data. This is ensured in the certified procedure through extensive technical and organisational measures. All data are stored encrypted with multiple levels of password protection so that access is restricted to a very small selection of expressly authorised persons at FS-PP. These are the attorneys appointed as ombudspersons: Dr Rainer Frank and/ or Dr Niklas Auffermann and/ or Dr. Leonie v. Holtzendorff.
Whistleblower: The person who submits a report via the whistleblowing system.
Data subject: A person whose identity is included in the content of a report.
Principal: The company or institution that has commissioned FS-PP to provide the ombudsperson/ trusted attorney within the framework of its compliance management system.
Communication between your computer and the whistleblowing system takes place over an encrypted connection (SSL). Your IP address will not be stored during your use of the whistleblowing system. In order to maintain the connection between your computer and the BKMS® System, a cookie is stored on your computer that contains only the session ID (a so-called session cookie). This cookie is only valid until the end of your session and expires when you close your browser.
You can set up a postbox within the whistleblowing system that is secured with an individually chosen pseudonym/ user name and password. This allows you to send additional information to or answer the questions of the employee of FS-PP responsible for processing your report either using your name or anonymously. All data sent via the postbox are encrypted and stored exclusively in the whistleblowing system, ensuring that the data receive special protection superior to that of typical email communication.
Use of the whistleblowing system takes place on a voluntary basis. When you submit a report via the whistleblowing system, we initially collect only the personal data that you provide. These data generally consist of:
In the event that additional personal data are collected within the course of the investigation following from your report, these data may also be processed via the whistleblowing system.
Please note: If you do not provide your name and the content of your report and/ or the provided attachments do not provide any basis for directly or indirectly determining your identity, then the data in question do not constitute personal data as defined by Art. 4(1) EU-GDPR. In the case of an anonymous report, please also take note of the information about sending attachments at the end of this document.
Incoming reports are received by a small selection of expressly authorised and specially trained employees of the compliance organisation of FS-PP and always handled confidentially. The employees of the FS-PP compliance organisation evaluate the matter and perform any further investigation required by the specific case.
During the processing of a report or the conducting of a special investigation, it may become necessary to forward reports to additional employees of FS-PP. All persons who receive access to the data are obligated to maintain confidentiality.
The ombudsperson forwards a report to the appointed office of the principal only if and when the report submitter has granted consent for this. At the request of the report submitter, this can take place anonymously.
The identity of the report submitter will not be provided to the principal unless the report submitter has expressly given consent to the ombudsperson or there exists a strong suspicion that the report submitter has made intentional false accusations against the subject of the report.
Information and notification obligations pursuant to data protection law with respect to the data subjects, with the exception of whistleblowers whose identity is not known to the principal, shall be fulfilled exclusively by the principal. Even if you have not submitted your report anonymously, your identity as a whistleblower will not be disclosed.
Pursuant to European data protection legislation, you and the persons named in the report have the rights listed below as data subjects:
If the processing takes for the performance of a task carried out in the public interest (Art. 6(1)(1)(e) GDPR) or based on a legitimate interest (Art. 6(1)(1)(f) GDPR), you have the right according to Art. 21 GDPR to object, on grounds relating to your particular situation, at any time to the processing of your personal data.
If you would like to make use of your right to object, it is sufficient to send an email to datenschutzbeauftragter@fs-pp.de. Before contacting us, please examine the current version of the privacy statement of FS-PP at https://fachanwaelte-strafrecht-potsdamer-platz.de/de/datenschutz.
If the right to object to the processing of the personal data is invoked, the necessity of the stored data for the examination of a report will be evaluated immediately. In this case, further processing will only take place if we can demonstrate compelling legitimate grounds that override your interests, rights and freedoms.
You have
An overview of the supervisory authorities can be found here: https://www.bfdi.bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.html
Personal data are retained for as long as necessary to clarify the situation and perform a final assessment or for as long as a legitimate interest exists on the part of the respective principal or retention is required by law. After the report processing is concluded, the data are deleted in accordance with the statutory requirements. According to the legal retention periods according to § 50 BRAO no erasure will take place before the elapsing of six years from the end of the year in which the processing of the case by the ombudsperson ends. Personal data must be erased no later than after the elapsing of ten years after conclusion of the investigation. In place of erasure, a restriction will be placed on the personal data insofar as the data subject requires the personal data for the establishment, exercising or defence of legal claims.
When submitting a report or an addition, you can simultaneously send file attachments to the employee of FS-PP responsible for the processing of your report. If you wish to remain anonymous, please take note of the following security advice: files can contain hidden personal data that could put your anonymity at risk. Remove this data before sending. If you are unable to remove this data or are uncertain about how to do so, copy the text of your attachment into your report text or send the printed document anonymously to the address listed in the footer of the BKMS® System, citing the reference number received at the end of the reporting process.