The following serves as information for you pursuant to GDPR Art. 13 and 14 on the processing of your personal data in the insolvency proceedings.
In particular, the following personal data or categories of data with respect to you are collected and processed: name, address and contact information, including fax and email, data on the basis for and amount of your claims (contract information, invoicing information), bank account information.
I. Identity of the party responsible for the processing
The insolvency administrator appointed by the competent local court (insolvency court) in the respective proceedings is responsible for the processing of your personal data. You may obtain the identity of this person and his/her contact information from the order on the commencement of the insolvency proceedings.
II. Data protection officer contact information
GÖRG Rechtsanwälte/Insolvenzverwalter GbR, Data Protection Officer, Kennedyplatz 2, 50679 Cologne, tel.: 0221 – 33660-0, email: dsb-inso [at] goerg.de.
III. Processing purposes and legal basis
The data processing is undertaken for the following purposes
to identify you as a creditor in insolvency proceedings (or as the representative of a creditor),
to correspond with you,
to receive and review your claim filing(s),
to prepare and manage the chart of insolvency creditors (§ 175 of the German Insolvency Act - InsO),
to make payment of any insolvency quota (§ 187 InsO).
Under GDPR Art. 6 para. 1 (f) the data processing is necessary to support the legitimate interests of the insolvency administrator. These interests are derived from the foregoing purposes; the insolvency administrator is legally bound to fulfil these under the German Insolvency Act.
IV. Origins of the data
If you have been approached by the insolvency administrator with information on the commencement of the insolvency proceedings and with the note that you may be able to file a claim, the administrator has obtained your personal data from the insolvency debtor on the basis of that debtor’s legal obligations to disclose such information. Otherwise, your personal data is collected and processed on the basis of your information, in particular as contained in your claim filing.
You are under no legal or contractual duty to make data available. However, without you providing your data, it is not possible to register your claims in the chart of insolvency claims and, accordingly for you to participate in the insolvency proceedings. Where your data are incomplete, this may result in claims being registered in the chart of insolvency claims, but that these will not be recognised as such.
Recipients
The claim filings and the data on you contained in these will be transmitted to the competent insolvency court. Further, your data may be transmitted to the following categories of recipients, provided that this is necessary in the context of settling the insolvency proceedings: tax offices, tax advisors, attorneys and service providers who have entered into an agreement on data processing under GDPR Art. 28.
Duration of storage
Your personal data are processed and stored for such time as is necessary in order for the insolvency administrator to fulfil his/her legal duties. Your data will usually be deleted once the insolvency proceedings have been concluded or after the good conduct phase. That does not apply where limited-term further processing for the fulfilment of legal information storage duties or for documentation and evidentiary purposes in the context of limitation period statutes is required.
Your rights
You are entitled to request at any time information on the personal data relating to you that are stored (GDPR Art. 15). You may further request that incorrect data on you be rectified (GDPR Art. 16). Where the statutory conditions for this are met, you may additionally be entitled to the following rights under GDPR Art. 17 to 21: deletion of your data or restrictions of processing as well as objections to processing.
Right to lodge a complaint with the supervisory authority
You are additionally entitled under GDPR Art. 77 to lodge a complaint with a supervisory authority where you take the view that the processing of your data is undertaken illegitimately. You may also lodge this complaint for example at the supervisory authority with jurisdiction over the respective insolvency administrator or your domicile or business address. You may find a list of contact information for the supervisory authorities in the individual German Federal States at:
https://www.bfdi.bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.html
Claim filings via the Creditor Information System (Gläubigerinformationssystem - GIS)
Where you file your claims using the available Creditor Information System (Gläubigerinformationssystem), please note the supplementary data protection information available through that system.
Special information for employees
If you were or are an employee of the insolvency debtor, the information referred to above is supplemented as follows with respect to your existing or previous employment:
In particular, the following personal data or categories of data are collected from you as an employee and processed: contract, root and accounting data (addresses including telephone number and email), date of birth, department, personnel number, date of commencement/termination, salary payments, family status, (wage withholding) tax and social insurance information, bank account information, assets entrusted to you, religious affiliation, citizenship, health information, performance and behavioural information), dates of employment, vacation and absences, employee evaluations, access and entry supervision data, application information, such as information on professional career, training and education and qualifications.
Processing purposes and legal bases
The data processing takes place pursuant to GDPR Art. 88 together with § 26 of the German Federal Data Protection Act for the performance and settlement of your employment relationship (e.g. for (subsequent) wage and salary accounting, wage and salary payments, preparation of employment certifications, the management of absences, preparing employee evaluation certificates and potentially the preparation of a social plan). In addition, your data will be processed pursuant to GDPR Art. 6 para. 1 (b) in fulfilment of the legal obligations incumbent upon the insolvency administrator with respect to your employment. These include for example social insurance law and tax law duties, such as the preparation of insolvency wages certificates and the transmission of data to public authorities. To the extent that you may have granted the insolvency debtor consent to process your data for certain purposes, this consent shall also continue to remain in force for existing employment relationships after the commencement of insolvency proceedings. In this case, data processing takes place pursuant to GDPR Art. 6 para. 1 (a) on the basis of this consent.
Where special categories of personal data are processed, this tales place on the basis of GDPR Art 9 para. 1 (b) for the fulfilment of employment law and social insurance law duties (e.g. processing of information on religious affiliation for church tax remittance).
Origins of the data
Your personal data was collected by the insolvency administrator. Available personnel files are subject to the administrative powers of the insolvency administrator as of the commencement of insolvency proceedings.
IV. Recipients
In addition to the recipients noted above, your data may be transmitted to the following categories of recipients: social insurance funds, Labour Agency (Agentur für Arbeit).
