Stand: 15.1.2019

Data Protection Notice

- Applicants -

In the following we inform you of the processing of your personal data by DLA Piper Weiss-Tessbach Rechtsanwälte GmbH, hereinafter "DLA", in connection with the performance of your job application procedure and the decision regarding the reasoning of an employment as well as in connection with events (including further trainings and challenges) DLA organizes for such purpose from time to time.

The term "Employee" is to be understood in a broad sense and includes employees, employees on training, participants in services practicing work as well as clarifying occupational aptitude or work on a trial basis, persons to be considered as quasi-employed persons due to their economic dependency (e.g. persons working home work and similar persons) as well as applicants and persons whose employment is terminated, trainees, unpaid trainees. Should an employment be established, you will be informed separately about the further processing of your personal data.

Personal data are all information referring to an identified or identifiable individual. An individual is considered identifiable if he/she can be identified, directly or indirectly, in particular by attribution of an identifier as a name, an identification number, locational information, online identifications or one or several special features which are part of the physical, physiological, genetic, psychic, economic, cultural or social identity of that individual. Processing means each process executed with or without the help of automated procedure or each such rows of processes in connection with personal data, e.g. the collection, the recording, the organization, the arranging, the storing, the adaption or the change, the selection, the retrieval, the use, the disclosure by transmission, the spread or any other form of making available, the comparison or the linking, the limitation, the deletion or the destruction.

  1. Who is responsible for data processing and whom may I refer to?

The responsible person for the processing of your personal data is:

DLA Piper Weiss-Tessbach Rechtsanwälte GmbH, Schottenring 14, 1010 Vienna, Austria, [email protected]

If you have questions relating to data protection also please contact our HR:

Mag. Petra Gruber, MSc.

[email protected]

Tel: +43 1 531 78 1323

  1. Which data do we process and where do they originate from?

We process personal data which we receive in the course of your application (e.g. application letter, CV, certifications and references) as well as data which we collect from you or about you during the application process (e.g. e-mails, memos, internal ratings, information from job interviews or assessment centers). In addition we process personal data obtained in a legal way from publicly accessible sources (e.g. web pages, press releases, social media) and which we are allowed to process. 

The relevant personal data include:

Master data (name, title, degree, sex, date of birth, place of birth and nationality, private contact details (address, telephone number, e-mail address), marital status, residence title and work permit, copies of IDs, photos, language skills, relatives and their contact details);

Application data (application and CV, references, certificates, admissions, information from job interviews or assessment centers);

Evaluations (notes and internals comments from job interviews or events) as well as test results;

Declarations regarding data protection law (e.g. declaration of consent for the processing of personal data; declaration of revocation of consents given by you; declarations of objection against processing of personal data; declaration of assessment of your rights of information, rectification, deletion, limitation of processing, transferability of data including information you give us when asserting your rights).

  1. For which purposes do we process your data and based on which legal basis?

We process your personal data mainly to perform the application procedure and for the decision regarding the reasoning of an employment. This data processing is made to perform pre-contractual measures (Art 6 (1)(b) GDPR) as well as on the basis of our justified interest (Art (6)(1)(f) GDPR), as well as in individual cases a legal obligation (Art 6(1)(c) GDPR), and to verify the aptitude of applicants as well as the prerequisites for an employment with DLA.

If we refuse your concrete application, yet we like to continue to save your application documents to approach you for other vacancies in the future, we will obtain your consent for this purpose which you may cancel at any time effective for the future.

Should court or out-of-court disputes result from applicants having been refused, we process personal data also to save our justified interest on the basis of Art (6)(1)(f) GDPR. Our justified interest is in asserting, executing or defending legal claims.

  1. Is there an obligation to provide personal data?

In the course of the application procedure you have to provide only such personal data which are necessary to decide on the reasoning of an employment or which we are required to obtain by law. If you have to provide personal data due to legal or contractual obligations we will point out this when collecting the data under reference to the respective obligation. If you do not provide us with the respective data we are possibly not able to continue the application procedure and are not able to employ you.

  1. Who receives personal data?

Due to the extent and complexity of data processing by DLA it is not possible to list every single recipient of your personal data in this data protection notice which is why we list only categories of recipients:

Within DLA the persons who require your data in the course of their work (e.g. HR, legal department, IT) receive your data.

Also service providers instructed by and upon order of DLA (so-called processors) may receive data for this purpose. This includes inter alia:

  • Internal and external IT service providers

In addition we forward your personal data to the following recipients and categories of recipients which act as controllers in the meaning of GDPR:

  • Other companies of the DLA Piper group in the course of centralised functions and human resources development, provided you agreed to such disclosure
  • External advisors of the DLA Piper group (e.g. tax advisers, auditors);
  • Authorities being competent (e.g. tax authorities, police, public prosecutor's office),
  • Courts;
  • Partner companies of DLA together with which we organise events and challenges as well as marketing companies for the purpose of publication of reports and photos (your consent provided);
  • Other third parties to the extent you instructed us or gave your consent to forward your data.

 

  1. Will your data be transferred to Third Countries?

Usually we do not forward your data to Third Countries (countries which are neither Member of the European Union nor of the European Economic Area) or to international organisations.

Exceptions will apply if you want to work for offices in Third Countries. In addition, some of our IT service providers may be located in Third Countries. In special cases personal data may also be forwarded to authorities and courts in Third Countries.

Please note that not all Third Countries have a data protection level considered reasonable by the European Commission. For data transfer to Third Countries which do not have a reasonable data protection level we took reasonable measures, e.g. conclusion of so-called standard data protection clauses, to protect your personal data. You may receive a copy of these measures .Please use the contact details below.

  1. How long will my data be stored?

The time your personal data is stored depends on the result of your application.

If an employment is established we add your data to our personnel files and process and store your personal data for the duration of your employment, which also includes the administration of the employment, as well as also after the end of your employment to the extend as required by law or for the purpose of asserting, executing or defending legal claims, for the term of the retention period or limitation period, each as applicable. You will be separately informed of the further processing in such case.

If we refuse your application your application documents will be erased automatically no later than six months after we informed you of our refusal. This serves to ensure the burden of proof in case of proceedings pursuant to the Equal Treatment Act (Gleichbehandlungsgesetz - G–BG) or other legal disputes. Should there actually be court or out-of-court disputes, we store your personal data in any case for the duration of the proceedings, and thereafter, in order to comply with duties to store and document pursuant to the Austrian Commercial Code (Unternehmensgesetzbuch – UGB) and the Federal Fiscal Code (Bundesabgabenordnung – BAO). The periods for storing and documentation laid down therein are up to ten years. If the data controller does not conclude an employment agreement with the applicant, the application documents will be automatically deleted six months after the refuse of the application was notified.

Provided you consent to have your personal data stored to allow us to approach you in case of new vacancies, we will store your data until your revocation of your consent or until we deem the storage no longer necessary. We will inform you of the erasure in the latter case.

  1. Which rights do I have?

As data subject you have the following data protection rights:

Information pursuant to Art. 15 GDPR:

You have the right to obtain from DLA confirmation as to whether or not and to what extent your personal data are being processed or passed on, and the right to receive a copy of all record on any of your personal data.

Rectification pursuant to Art. 16 GDPR:

You have the right to rectification of inaccurate personal data and to completion of incomplete personal data recorded by DLA.

Erasure pursuant to Art. 17 GDPR:

You have the right to obtain from DLA the erasure of your personal data without undue delay, unless grounds that require longer storage apply.

Einschränkung der Verarbeitung nach Art. 18 GDPR:

Under certain circumstances, you have the right to obtain from DLA restriction of processing (e.g. marking of stored personal data aiming at limiting the future processing). The following conditions apply:

- You contest the accuracy of your personal data and DLA must verify the accuracy of the personal data;

- The processing is unlawful. You, however, oppose to the erasure of the personal data and request the restriction of their use instead;

DLA no longer needs your personal data for the purpsoes of processing, but you require the data for the establishment, exercise or defence of legal claims.

- You objected to processing pending the verification whether the legitimate grounds of DLA override those of you.

Where processing has been restricted such personal data shall - with the exception of storage - only be processed with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.

Data portability:

To the extent we process your personal data you provided to us on the basis of your consent or an agreement concluded with you (including your employment agreement) by automated means, you have the right to receive the personal data in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from DLA. You further have the right to have the personal data transmitted directly from DLA to another controller, where technically feasible and provided such transmission does not adversely affect the rights and freedoms of others.

Right to object:

Where the processing of your personal data is required to perform a task carried out or reasons of public interest which DLA was instructed with or on the basis of weighing of interests, you have the right on grounds relating to your particular situation to object to processing of your personal data. We will continue to process yor personal data only if DLA demonstrates compelling legitimate grounds for the processing which override your interests rights and freedoms or for the establishment, exercise or defence of legal claims. Where we process your personal data based on weighing of interest we basically assume that you can bring compelling legitimate grounds, we will of course check each individual case.

Revocation of a consent:

Provided you consented to the processing of your personal data you may revoke such consent at any time. Please note that such revocation only becomes applicable in the future. Processing effected before a revocation is not affected.

Complaints:

In addition you have the right to logde a complaint with a supervisory authority pursuant to Art. 77 GDPR if you consider that the processing of personal data relating to you infringes the GDPR. The right to lodge a complaint exists independently from other administrative law or other legal remedies. The supervisory authority competent for DLA is:

Österreichische Datenschutzbehörde

Wickenburggasse 8

1080 Vienna

Telephone: +43 1 52 152-0

E-mail: [email protected]

  1. Contact

Should you have any questions relating to this data protection notice or the processing of your personal data by DLA or you like to assert your data protection rights, please contact:

HR:

Mag. Petra Gruber, MSc.

[email protected]

Tel: +43 1 531 78 1323