Within the scope of our activity it is necessary to collect data, to use and to store them. Subsequently we want to inform you according Art. 12 and 13 of the General Data Protection Regulation (EU) 2016/679 (GDPR) about (1) the purpose and the basis of the collection, (2) the data receiver and the transmission, the (3) duration and the extent of the storage as well as about the rights granted to you.
1. Purpose and Basis of the Collection
The processing of a case, which especially comprises the consulting, application of patents, its maintenance as well as the judicial and extrajudicial representation, requires the collection of data, storage and us of individual-related data for the purpose of the GDPR. This is, according to Art. 6 para. 1 letter c GDPR permitted. For a use extending this scope BRUECKNER IP only becomes active as far as it has been given an explicit authorization according to Art. 6 para. 1 letter a GDPR.
2. Data Receiver and Transmission
Furthermore, our activity requires the communication with public bodies, especially domestic and foreign Patent Offices as well as Courts. For the sake of conducting of our contractual and legal duties as Attorneys at Law and Patent Attorneys we engage employed and self-employed staff, who process the data in our office and in specially established home offices. Moreover, we make use of serviced contractors within the scope of Art. 28 GDPR and participated Attorneys a Law and Patent Attorneys (foreign representatives). These persons are requested and required by way of individually valid rules of professional conduct or, separately, by way of agreements with BRUECKNER IP to treat the information as confidential and to be compliant with the data protection regulations.
Within the scope of foreign patent applications, their maintenance and enforcement it needs the conveyance of person-related data to organizations, offices or foreign representatives in third countries.
3. Criteria for the Definition of Duration of the Data Storage
According to the rules of professional conduct valid for us, we, on the one hand, are authorized, and, on the other hand, obliged, to store data for a defined period of time and to keep them after completion of the order. This results, in case of Dr. Christopher Brückner, from § 44 para. 1, Patentanwaltsordnung – PAO. According to this provision, the reference files, necessary for the processing of orders, must be remained for six years. The duration starts to run with the year, in which the order has been finished. Thus, in case of maintenance of patent matters and supplementary protection certificates, a period of storage of up to 31,5 years can result, if an order for the preparation of the patent application for the entire period of the protection right of 20 years, respective 25,5 years was given.
These data, after lapse of time or, if these data are not subject matter of rules of professional conduct, after lapse of the purpose for collection and storage, are routinely deleted.
In principle you can order from BRUECKNER IP a confirmation, whether person related data have been collected and can get information regarding these data (Art. 15 GDPR). Moreover, you have the right for correction of person related data (Art. 17 GDPR), and, after “termination of the obligation mentioned above to storage person related data”, a right for deletion of your data (Art. 17 GDPR). Moreover, at any time you have the right to revoke your consent given according to art. 6 para. 1 letter a GDPR. However, this has no effect on the activities performed so far based on the consent. According to the legal regulation, you can make use of the following rights: restriction of the processing (Art. 19 GDPR), right on data portability (Art. 20 GDPR), right to object to the processing of the data (Art. 21 GDPR) and right of appeal before the supervisory authorities (Art. 77 GDPR).