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Rights of data subjects

Due to the processing of your personal data you are a data subject, so that you have the following rights under the General Data Protection Regulation:

1. Right of access pursuant to Article 15 of the General Data Protection Regulation

You have the right to obtain from the DPMA as controller confirmation as to whether or not personal data concerning you are being processed by us, and, where that is the case, access to these personal data and the following information:

    • (1) the purposes of the processing;
    • (2) the categories of personal data concerned;
    • (3) the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
    • (4) where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
    • (5) the existence of the right to request from the controller rectification or erasure of personal data concerning you or restriction of processing of personal data concerning you by the controller or to object to such processing;
    • (6) the right to lodge a complaint with a supervisory authority;
    • (7) where the personal data are not collected from you as the data subject, any available information as to their source;
    • (8) the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.

You also have the right to be informed as to whether personal data concerning you are transferred to a third country or to an international organisation. In this context, you have the right to be to be informed of the appropriate safeguards pursuant to Article 46 of the General Data Protection Regulation relating to the transfer.

2. Right to rectification pursuant to Article 16 of the General Data Protection Regulation

You have the right to obtain from the DPMA as controller without undue delay the rectification and/or completion of inaccurate personal data concerning you.

3. Right to erasure pursuant to Article 17 of the General Data Protection Regulation

You have the right to obtain from the DPMA as controller the erasure of personal data concerning you without undue delay and we have the obligation to erase personal data without undue delay where one of the following grounds applies:

    • (1) The personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed.
    • (2) You withdraw your consent on which the processing is based, according to point (a) of Article 6(1) or point (a) of Article 9(2), and where there is no other legal ground for the processing.
    • (3) You object to the processing pursuant to Article 21(1) and there are no overriding legitimate grounds for the processing, or you object to the processing pursuant to Article 21(2).
    • (4) The personal data have been unlawfully processed.
    • (5) The personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the DPMA as controller is subject.
    • (6) The personal data have been collected in relation to the offer of information society services referred to in Article 8(1).

Where the DPMA as controller has made the personal data public concerning you and is obliged pursuant to paragraph 1 to erase the personal data concerning you, we, taking account of available technology and the cost of implementation, will take reasonable steps, including technical measures, to inform controllers which are processing the personal data that you have requested the erasure by such controllers of any links to, or copy or replication of, those personal data.
The right to erasure does not apply to the extent that processing is necessary:

    • (1) for exercising the right of freedom of expression and information;
    • (2) for compliance with a legal obligation which requires processing by Union or Member State law to which the DPMA as controller is subject or for the performance of a task carried out in the public interest or in the exercise of official authority vested in us;
    • (3) for reasons of public interest in the area of public health in accordance with points (h) and (i) of Article 9(2) as well as Article 9(3);
    • (4) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89
      (1) in so far as the right referred to in paragraph 1 is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
    • (5) for the establishment, exercise or defence of legal claims.

You have the right to obtain from the DPMA as controller restriction of processing where one of the following applies:

    • (1) the accuracy of the personal data is contested by you, for a period enabling us to verify the accuracy of the personal data;
    • (2) the processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead;
    • (3) the DPMA as controller no longer needs the personal data for the purposes of the processing, but they are required by you for the establishment, exercise or defence of legal claims;
    • (4) you have objected to processing pursuant to Article 21(1) pending the verification whether our legitimate grounds override your legitimate grounds.

Where processing has been restricted under paragraph 1, 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.
Where the processing pursuant to the above mentioned conditions has been restricted, you will be informed by the DPMA as controller before the restriction of processing is lifted.

5. Right to notification pursuant to Article 19 of the General Data Protection Regulation

If you have claimed the right to rectification or erasure or restriction of processing vis-à-vis the DPMA as controller, we have the obligation to communicate any rectification or erasure of data or restriction of processing to each recipient to whom the personal data concerning you have been disclosed, unless this proves impossible or involves disproportionate effort.
You have the right to be informed by the DPMA as controller about those recipients.

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6. Right to data portability pursuant to Article 20 of the General Data Protection Regulation

You have the right to receive the personal data concerning you, which you have provided to the DPMA as controller, in a structured, commonly used and machine-readable format. You also have the right to transmit those data to another controller without hindrance from the DPMA to which the personal data have been provided, where:

a. the processing is based on consent pursuant to point (a) of Article 6(1) or point (a) of Article 9(2) or on a contract pursuant to point (b) of Article 6(1); and
b. the processing is carried out by automated means.

In exercising your right to data portability pursuant to paragraph 1, you have the right to have the personal data concerning you transmitted directly from us to another controller, where technically feasible. This must not adversely affect the rights and freedoms of others.
That right does not apply to processing necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the DPMA.

7. Right to object pursuant to Article 21 of the General Data Protection Regulation

You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on point (e) or (f) of Article 6(1), including profiling based on those provisions.
The DPMA as controller will no longer process the personal data concerning you unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims.
Where personal data concerning you are processed for direct marketing purposes, you have the right to object at any time to processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing.
Where you object to processing for direct marketing purposes, the personal data will no longer be processed for such purposes.
In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, you may exercise your right to object by automated means using technical specifications.

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8. Right to withdrawal of consent under data protection law

You have the right to withdraw your consent under data protection law at any time. The withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.

9. Automated individual decision-making, including profiling pursuant to Article 22 of the General Data Protection Regulation

You have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning you or similarly significantly affects you.
This does not apply if the decision:

    • (1) is necessary for entering into, or performance of, a contract between you and the DPMA;
    • (2) is authorised by Union or Member State law to which the DPMA is subject and which also lays down suitable measures to safeguard your rights and freedoms and legitimate interests; or
    • (3) is based on your explicit consent.

In the cases referred to in items (1) and (3), the DPMA will implement suitable measures to safeguard your rights and freedoms and legitimate interests, at least the right to obtain human intervention on our part, to express your point of view and to contest the decision.
Insofar as a decision is allowed, it must not be based on special categories of personal data referred to in Article 9(1), unless point (a) or (g) of Article 9(2) applies and suitable measures to safeguard your rights and freedoms and legitimate interests are in place.

10. Right to lodge a complaint with a supervisory authority pursuant to Article 77 of the General Data Protection Regulation

Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you infringes this Regulation.
The supervisory authority with which the complaint has been lodged will inform the complainant on the progress and the outcome of the complaint including the possibility of a judicial remedy pursuant to Article 78 of the General Data Protection Regulation.

Last updated: 10 August 2019 

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