Procesamiento de los datos (personales) por parte de la entidad encargada del procedimiento de candidatura de empleo en línea
Mandatory Information to be Provided Pursuant to Art. 12 et seq. EU GDPR
I. Name and contact information of the data controller
Your contact, who is the data controller as defined in the European General Data Protection Regulation (“EU GDPR”) and in other domestic data privacy legislation of the member states or any other data privacy law related provisions is the respective entity of the GOPA Consulting Group which advertises the vacancy according to the job posting.
(hereinafter referred to as “we,” “us” or “our”).
II. Contact information of the data protection officer
Our data protection officer may be reached under this contact information:
MAGELLAN Säugling Rechtsanwaltsgesellschaft mbH, Raiffeisenallee 9, 82041 Oberhaching / www.magellan-legal.de
If you have any data protection and data security related questions associated with our company, please contact our data protection officer directly. Email: privacy_gopa_group@magellan-legal.de / Phone: +49 8458 3389 0
III. Data processing in conjunction with the job application processing
1. Description and scope
In conjunction with the job application process, the following personal data will be processed:
- First Name,
- Last Name,
- Gender,
- Place of birth,
- Date of birth,
- Nationality,
- Marital status (voluntary),
- Photo (voluntary),
- Address,
- Email address,
- Phone number,
- Curriculum vitae,
- Professional background,
- Educational background,
- Qualifications,
- Work-related experiences,
- Skills,
- Languages,
- Certificates,
- References,
- Salary expectations,
- Location preferences,
- Job title,
- Religious affiliation (voluntary),
- Information on disabilities (voluntary),
- Possibly information about ethnic or racial origin (if apparent from your voluntarily submitted documents or pictures).
2. Legal basis
a. Personal data
Consent, Art. 6 Sect. 1 S. 1 lit. a) EU GDPR, Art. 88 Sect. 1 EU GDPR in combination with § 26 Sect. 2 2 German Federal Data Protection Act (Bundesdatenschutzgesetz - BDSG).
Establishment of an employment relationship, Art. 6 Sect. 1 S. 1 lit. b) EU GDPR.
Fulfillment of a legal obligation, Art. 6 Sec. 1 S. 1 lit. c) EU GDPR.
Legitimate interest, Art. 6 Sect. 1 S. 1 lit. f) EU GDPR.
b. Special categories of personal data
Consent, Art. 6 Sect. 1 S. 1 lit. a) EU GDPR in combination with Art. 9 Sect. 2 lit. a) EU GDPR.
Fulfillment of legal obligations and exercise of rights of the employer or employee regarding labor laws, social security laws and social protection laws, Art. 6 Sec. 1 S. 1 lit. c) EU GDPR, Art. 9 Sect. 2 lit. b) EU GDPR, Art. 88 Sect. 1 EU GDPR in combination with§ 26 Sec. 3 BDSG.
Assertion, exercise or defense of legal claims or other court related proceedings, Art. 6 Sec. 1 S. 1 lit. f) EU GDPR, Art. 9 Sect. 2 lit. f) EU GDPR.
Health Care, Occupational Medicine or the assessment of the working capacity of applicants, Art. 6 Sec. 1 S. 1 lit. c) EU GDPR, Art. 9 Sect. 2 lit. h) EU GDPR.
3. Purpose
Your personal data is processed for the purpose of conducting the application process with the goal to establish an employment relationship, as well as, fulfilling contractual, legal, where applicable collective agreement, and social security obligations.
4. Retention Period
Your personal data will be deleted or blocked as soon as the purpose for the processing of the data no longer applies. Data may be stored beyond this point, if required by European or national legislators in union regulations, laws, or other provisions to which we are subject. Blocking or deletion of data will also occur if a retention period prescribed by these regulations expires, unless there is a necessity for further storage of the data for the conclusion or fulfillment of a contract.
Therefore, we store your data for the following periods:
- Application documents/data: will be stored for up to 6 months after the decision not to fill the position with the applicant, for the purpose of providing evidence in cases of discrimination, in accordance with §§ 21 Sec. 5, 22 German General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz - AGG).
- Other application documents: will be stored upon dissolution or termination of the employment relationship.
5. Objection and removal option
If the processing of your personal data is based on your consent, you have the right to withdraw your consent at any time. In this case we can no longer consider your application. However, the processing of your personal data is mandatory for the establishment of an employment relationship. Hence you cannot object to such processing of your personal data.
IV. Categories of Recipients
Within our company, we will share your personal data with those positions and departments that need them for all the above-mentioned purposes. Additionally, we utilize the services of different providers and therefore transfer your personal data to these trustworthy recipients. These may, for instance, include the following:
Works council,
Data protection officer,
Representative for severely disabled employees,
Equal opportunities officer,
Employment agency,
Integration office in the case of a severe disability,
Printing companies,
Lettershops,
Scanning services,
Banking institutions,
IT service providers,
Cooperation partners,
Lawyers, tax advisors, and courts.
V. Transfer to Non-EU and Non-EEA Countries
In conjunction with the processing of your personal data, it is possible that we share your personal data with trustworthy service providers in non-EU and non-EEA countries. These countries are nations that are not within the European Union (EU) or the European Economic Area (EEA).
In this context, we only work with such service providers who provide us with appropriate guarantees for the protection of your personal data and can assure that your personal data will be processed in accordance with the strict European Data Protection Standards. A copy of these appropriate guarantees may be reviewed at our business premises.
If we share any personal data with recipients in non-EU and non-EEA countries, this is done on the basis of a so-called adequacy decision of the European Commission, or, if such a decision is not available, on the basis of so-called standard contractual clauses, also issued by the European Commission.
You are entitled to the following rights you may exercise in your relationship with us:
1. Right of access
You have the right to receive information as to whether and which personal data of yours we process. In this case, we will provide additional information on:
(1) The processing purpose,
(2) The categories of data,
(3) The recipients of your personal data,
(4) The envisaged retention period or the criteria to determine the envisaged retention period,
(5) Your additional rights,
(6) In the event that you have not shared your personal data with us: All available information as to its origins,
(7) If available: The existence of any automated decision making as well as information on the logic used, the expanse and the desired effects of the processing.
2. Right to rectification
You are entitled to have your data corrected and/or completed if the personal data processed by us is incorrect or incomplete.
3. Right to restriction of processing
You are entitled to the restriction of the processing of your data if:
(1) We are reviewing the correctness of your personal data processed by us,
(2) The processing of your personal data is illegal,
(3) You need the personal data processed by us to pursue your rights after the purpose of processing the data has ended,
(4) You have filed an objection against the processing of your personal data, and we are in the process of reviewing your objection.
4. Right to erasureYou are entitled to having your data deleted if:
(1) We no longer need your personal data for the original purpose,
(2) You revoke your consent and if there is no further legal basis for the processing of your personal data,
(3) You have objected to the processing of your personal data and – if the matter in question is not direct marketing – there are no priority grounds for continued processing of the data,
(4) The processing of your personal data is illegal,
(5) The deletion of your personal data is mandated by law,
(6) Your personal data refers to minors for information society purposes.
5. Right to notify
If you have exercised your right to have data corrected, deleted or restricted in terms of processing, we will notify all recipients of your personal data, to correct, delete or restrict the processing of such data.
6. Right to data portability
You have the right to receive any personal data you have provided to us based on consent or to perform a contract in a structured, commonly used and machine-readable format and to have same transferred to another data controller. If this is technically feasible, you have the right to instruct us to send this data directly to another data controller.
7. Right to object
In the event that special grounds apply, you have the right to object to the processing of your personal data. In this case, we will no longer process your personal data, unless we are in a position to raise mandatory protection worthy grounds for continued processing.
If your personal data is being processed for the purpose of direct marketing you do, at any time, have the option to object.
8. Right to revoke consent
You have the right to revoke any consent you have given us at any time. The revocation of consent does not affect the legitimacy of any prior processing on the basis of consent.
9. Right to file a complaint with a supervisory authority
Any other administrative or court enforced legal remedies notwithstanding, you shall have the right to file a complaint with the competent supervisory authority, if you are of the opinion that the processing of your personal data by us is in violation of the EU GDPR.