Official Data Protection Officer
Phone: +49 511 9566-5624
2. Legal basis for processing personal data
The Federal Plant Variety Office (Bundessortenamt) processes personal data when performing the tasks assigned to it by law. Public tasks include in particular the granting of Plant Breeders’ Rights and the National Listing of varieties in accordance with the Plant Variety Protection Act (Sortenschutzgesetz = SortG) and the Seed Marketing Act (Saatgutverkehrsgesetz = SaatG). The legal basis for processing personal data here - as well as in the field of public relations and the provision of information in general - is point (e) of Art. 6 (1) of the EU General Data Protection Regulation (GDPR) in conjunction with Sec. 3 of the Federal Data Protection Act (Bundesdatenschutzgesetz = BDSG).
In addition, personal data are processed when the Bundessortenamt acts as a civil law contracting party or public service. This applies, among other things, to personnel recruitment and procurement. This activity is directly related to the performance of the public tasks of the Bundessortenamt. In this respect, point (b) of Art. 6 (1) GDPR serves as the legal basis for processing personal data.
Insofar as we obtain the consent of the data subjects for the processing of personal data, point (a) of Art. 6 (1) GDPR is the relevant legal basis.
3. Rights of the data subjects
The Bundessortenamt is responsible for the processing of personal data when performing its public duties and as a contracting party under civil law. In this context, the data subjects are entitled to the following rights from the GDPR vis-à-vis the Bundessortenamt (= controller):
- Right of access - Art. 15 GDPR
The right of access gives the data subject a comprehensive right of access to the data which concern him/her and some important criteria, such as the purposes of the processing or the envisaged storage period. The exceptions to this right regulated in Sec. 34 BDSG apply.
- Right to rectification - Art. 16 GDPR
The right to rectification enables the data subject to have inaccurate personal data corrected.
- Right to erasure - Art. 17 GDPR
According to the right to erasure, the data subject may have data erased by the controller. However, this is only possible if the personal data concerning him/her are no longer necessary, are processed unlawfully or if consent to this has been withdrawn. The exceptions to this right regulated in Sec. 35 BDSG apply.
- Right to restriction of processing - Art. 18 GDPR
Due to the right to restriction of processing, the data subject may prevent further processing of personal data concerning him/her for the time being.
- Right to data portability - Art. 20 GDPR
The right to data portability enables the data subject to obtain the personal data concerning him/her from the controller in a commonly used, machine-readable format, in order to have them forwarded to another controller if necessary. However, pursuant to sentence 2 of Art. 20 (3) GDPR, this right is not available if data processing is necessary for the performance of a task carried out in the public interest.
- Right to object - Art. 21 GDPR
Under the right to object, data subjects may object to the further processing of their personal data. According to Sec. 36 BDSG, this right does not apply if a public body is obliged by law to process personal data.
- Right to withdraw consent - Art. 13 and 14 GDPR
If personal data are processed on the basis of consent, the data subject may withdraw such consent at any time for the corresponding purpose. The withdrawal of consent does not affect the legality of the processing carried out up to that point. The withdrawal only takes effect for the future.
Finally, pursuant to Art. 77 GDPR, there is a right to lodge a complaint with the data protection supervisory authority. This is the Federal Commissioner for Data Protection and Freedom of Information. Their contact details can be found here: www.bfdi.bund.de
4. Data processing due to visiting our website
Each time you visit our website, the following data about this process are temporarily collected:
- Browser type and version used
- IP address of the user
- Date and time of access
- Name of the retrieved file
- Transferred data volume
The temporary storage of the IP address by the system is necessary to enable delivery of the website to the user's computer. For this purpose, the IP address must remain stored for the duration of the session. The storage in log files takes place in order to ensure the functionality of our website. The data are also used to optimise the website and to protect against attacks on our information technology systems.
The legal basis for the processing of the data is point (e) of Art. 6 (1) GDPR. These data are required to initiate legal and criminal prosecution in the event of attacks on communication technology. The data are erased as soon as they are no longer required for the performance of the task.
The collection of data for the provision of the website and the storage of data in log files is mandatory for the operation of the website. Therefore, the user cannot object.
Cookies are text files that are stored in the Internet browser or by the Internet browser on the user's computer system. When a user visits a website, a cookie can be stored on the user's operating system. This cookie contains a distinctive string of characters that enables the browser to be uniquely identified when the website is accessed again.
6. Processing of personal data when contacting us via the contact form or by e-mail
Our website includes a contact form which can be used to contact the Bundessortenamt electronically.
The input mask in the contact form requires only the e-mail address as mandatory information. The following data can be transmitted optionally:
- First name
- City, postcode
- Telephone number
All data transmitted on the basis of the contact form as well as the date and time of the enquiry and the IP address of the user are stored temporarily in order to process the request.
Your consent will be obtained for the processing of the data as part of the sending process and reference will be made to this privacy statement.
Alternatively, you can contact us via the e-mail address provided. In this case, the personal data of the user transmitted with the e-mail will be stored.
When contacting us via the contact form or by e-mail, we assume that we are entitled to reply by e-mail. Otherwise, the enquirer must expressly point out a different method of communication.
The data transmitted with the contact form or by e-mail are processed on the basis of point (a) of Art. 6 (1) GDPR. Sending the contact form constitutes consent within the meaning of point (a) of Art. 6 (1) GDPR. This consent can be revoked at any time.
The temporary storage of personal data serves to answer the enquiry. The IP address is used exclusively for legal and criminal prosecution in compliance with the legal requirements.
7. Electronic application
On our website you will find electronic applications for plant variety protection, for variety acceptance or for the acceptance of a conservation variety. The applicants send these applications to the Bundessortenamt using an electronic signature via an encrypted https connection.
The data required and collected for the processing of the application are:
- First name and surname or company name of the applicant and/or authorised representative
- City, postcode
- Telephone number
- Name of the breeder of origin, if any
- Where applicable, the address (street, number, town and postcode) of the breeder or discoverer of origin.
The data will be processed in accordance with point (e) of Art. 6 (1) GDPR.
The personal data collected and stored on the basis of the electronic applications will also be published in the Bundessortenamt official gazette in accordance with Sec. 24 SortG and Sec. 43 SaatG. The official gazette is available to everyone on our website.
8. Ordering printed products
When ordering printed products (e.g. descriptive variety lists) via our website, personal data are processed for the performance of pre-contractual measures and for the fulfilment of the contract in accordance with point (b) of Art. 6 (1) GDPR.
The personal data required for processing the order are marked as mandatory data in the input mask. Specifically, this concerns the following data:
- City, postcode, country
- E-mail address
If the delivery address is different, the data mentioned above must also be provided for the purpose of dispatch. These data will then also be processed within the scope of the order.
At the time the message is sent, the date and time of registration and the user's IP address are also stored.
The collected and stored data will not be passed on to third parties.