Data Protection Policy
We take data protection and confidentiality very seriously and adhere to the provisions of the EU General Data Protection Regulation (EU-GDPR) as well as current national data protection regulations. Please read this data protection information carefully before submitting a report.
Purpose and legal foundation of the whistleblowing system
The whistleblowing system (BKMS® System) serves the purpose of securely and confidentially receiving, processing and managing reports concerning violations of the compliance rules. The processing of personal data within the framework of the BKMS® System is based on the justified interest of our clients in discovering and preventing abuses and thereby averting damage to our clients, their employees and customers. The legal basis for this processing of personal data is Article 6(1)(f) of the EU-GDPR (General Data Protection Regulation).
Responsible authority
The party responsible for data protection in the whistleblowing system is Dr. Buchert & Partner Rechtsanwälte PartGmbB (hereafter also: “Dr. Buchert & Partner”). The whistleblowing system is operated by a specialised company, EQS Group AG, Bayreuther Str. 35, 10789 Berlin in Germany, on behalf of Dr. Buchert & Partner (contract data processing).
Personal data and information entered into the whistleblowing system are stored in a database operated by EQS Group AG located in a high security data centre. Only Dr. Buchert & Partner can see the data. EQS Group AG and other third parties do not have access to the data. This is ensured in a 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 Dr. Buchert & Partner.
Dr. Buchert & Partner has appointed a data protection officer. Inquiries regarding data protection at Dr. Buchert & Partner can be sent to datenschutz@dr-buchert.de.
Type of personal data collected
Use of the whistleblowing system takes place on a voluntary basis. If you submit a report via the whistleblowing system, we collect the following personal data and information:
- your name, if you choose to reveal your identity, and
- the names and other personal data of persons whom you list in your report, if applicable.
Confidential handling of reports
Incoming reports are received and analysed by a small selection of expressly authorised lawyers at Dr. Buchert & Partner and always handled confidentially. For further processing of a report, it is often necessary to forward reports to our clients and the specialised offices there, such as the departments for compliance, auditing or safety. Reports are only forwarded if the express consent of the reporting person has been obtained. Our clients may be based in countries outside the European Union or the European Economic Area with different regulations about the protection of personal data. We always ensure compliance with the applicable data protection regulations when sharing reports.
All persons who receive access to the data are obligated to maintain confidentiality.
Information about the accused
We are legally obligated to inform accused parties of any reports received against them as soon as the disclosure of this information no longer jeopardises the investigation. Your identity as a whistleblower will not be disclosed.
Rights of the data subject
Pursuant to European data protection legislation, you and the persons named in the report have a right of access, rectification, erasure, restriction of processing and right to object to the processing of your personal data. If the right to object to the processing of the personal data is invoked, the necessity of retaining the stored data for the examination of a report or for other legal reasons will be evaluated immediately. Data that are no longer needed will be deleted at once. You also have the right to appeal with the supervisory authority. Complaints can also be directed to the Frankfurt Bar Association, Bockenheimer Anlage 36, 60322 Frankfurt am Main.
Retention period of personal data
Personal data are deleted after their purpose has been achieved or when a legitimate interest no longer exists, however, no earlier than upon elapsing of the statutory archiving and retention obligations. We perform an evaluation every six months.
Use of the whistleblowing portal
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 reports to the competent lawyer at Dr. Buchert & Partner in a secure way, either by name or anonymously. This system only stores data inside the whistleblowing system, making it particularly secure. It is not a form of regular e-mail communication.
Note on sending attachments
When submitting a report or an addition, you can simultaneously send attachments to the responsible lawyer at Dr. Buchert & Partner. If you wish to submit a report without disclosing your identity, please take note of the following security advice: Files can contain hidden personal data that could reveal your identity. 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 without giving your name to the address listed in the footer, citing the reference number received at the end of the reporting process.
Version: 1 February 2019
