- Is someone using your data without consent?
- Was your data leaked on social media?
- Do you need information about the processing of your data?
We enforce your DSGVO data subject rights
Lawyer Peter Weiler
Your contact person
Rechtsanwalt Peter Weiler Fachanwalt für gewerblichen Rechtsschutz
Competent support
- Certified data protection officer (TÜV)
- Specialist lawyer for intellectual property rights
- Advice on data protection
- Competent in the enforcement of data subject rights
How we enforce your claim
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Make a request
Submit a request via our free check. Please describe the background to your case and attach screenshots. We will usually get back to you on the day of the request.
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Free initial consultation
We will check the facts you have submitted. One of our lawyers specializing in data protection will then contact you and discuss the prospects of success and costs with you. This initial consultation is free of charge and non-binding.
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Our offer
Immediately after the initial consultation, you will receive an order by e-mail in which we explain the proposed procedure and confirm the fee discussed in writing.
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Let's get started!
As soon as you have commissioned us, we will begin processing and initiate the necessary steps. We will keep you transparently informed about the progress of the matter until your rights as a data subject are finally enforced.
Your rights at a glance
The rights of data subjects arise from the GDPR. These include, among other things: Right to information, right to compensation, right to erasure and rectification and many more.
Right to information pursuant to Art. 15 GDPR
Submitting a request for information to the controller should always be the first step in enforcing data subject rights. The information enables you to find out which data is processed where and whether it is passed on to third parties. Copies of the data may also have to be handed over. Based on the results, you can check whether the data processing has been carried out in accordance with the law. If this is not the case, you can take further steps, such as requesting erasure or claiming compensation.
Right to erasure and authorization pursuant to Art. 16, 17 GDPR
If, after providing information, you discover that your data is out of date or incorrect, you can request that the data be corrected and/or deleted. Other retention periods may prevent deletion, meaning that the data does not have to be deleted in all cases.
Right to restriction pursuant to Art. 18 GDPR
You can request the restriction of data processing if, for example, your request for erasure still needs to be reviewed or you do not wish the data to be erased. The data may then only be stored, but not processed in any other way.
Right to data portability pursuant to Art. 20 GDPR
The right to data portability enables data subjects to receive the personal data that they have provided to a controller in a structured, machine-readable format and, if necessary, to transmit it to another controller. This right only applies to personal data that is processed on the basis of consent or for the performance of a contract. The data must be made available to the data subject in a commonly used, machine-readable format or transmitted directly to another controller. This right is often asserted against doctors.
Right to object pursuant to Art. 21 GDPR
The right to object enables data subjects to object to the further processing of their personal data if they have legitimate grounds for doing so arising from their particular situation. It is then the responsibility of the controller to weigh up the reasons for processing and to check whether these reasons outweigh the interests, rights and freedoms of the data subject. There are interests and rights of third parties that may override your right to object and the processing of your personal data may continue. The processor must be able to justify this well. In this case, it is advisable to have the facts checked by experienced lawyers.
Who is affected?
Affected person within the meaning of the GDPR is any person whose personal data is processed by a controller. Legal entities, i.e. companies or associations, cannot be data subjects. The only exceptions are the representatives of a legal entity, such as managing directors, whose personal data has been processed.
What are the rights of data subjects?
The GDPR provides the following rights for data subjects:
- Right to information about the processing activities
- Right to rectification and erasure of data
- Right to restriction of processing of the data
- Right to objection to data processing
- Right to data portability
- Right to complain to the supervisory authority
If one of these rights is violated, there may also be a claim for damages.
Do I always have to hire a lawyer?
You can initially submit a request for information and all other rights by email or via a form on the processor's website. You can find the data for this in the privacy policy that every processor must publish. A simple "I hereby request information about the processing of my personal data in accordance with Art. 15 GDPR" is sufficient. The processor then has two weeks to process your request.
In our experience, however, information is not always provided. It is then advisable to consult a lawyer, as the claim may have to be enforced in court. If you have suffered damage due to the lack of information, you may also receive compensation.
Can I warn someone about a data protection breach?
We often receive inquiries that there is no privacy policy on a website or that cookies are set before consent has been given. Then the question always arises: "Can we issue a warning here?"
In most cases, the answer to this is: No.
The GDPR itself does not provide for a warning. Private individuals whose own rights under the GDPR have been violated should initially be protected by the six rights of data subjects we have already described, as well as the claim for damages.
What data subjects can do instead of issuing a warning: Report a breach to the supervisory authority
The supervisory authorities will investigate the matter and may impose a fine. These are dependent on turnover and are quite substantial! Unlike the claim for damages under Art. 82 GDPR, a fine under Art. 83 GDPR is independent of damage. This means that missing data protection declarations or the setting of cookies can also be punished.
Competitors can generally issue a warning
Within the framework of the Unfair Competition Act (UWG). With a warning letter, you formally request your competitor to refrain from a certain action. The competitor must have a competitive advantage compared to you due to its infringement of the GDPR. Checking this can quickly become complicated given the extensive obligations. Our law firm deals intensively with competition law, so we will be happy to examine the facts of the case for you and issue a warning on your behalf if there is a reasonable chance of success.
How can I enforce my rights?
according to UWG
warning
for competitors only
The processor does not have the necessary data protection documents
- Free initial consultation
- issuing a warning under competition law
- Support by experienced lawyers from start to finish
- Billing according to RVG
according to DSGVO
out of court
by you or law firm
Your requests are not being processed or not being processed sufficiently? We will act for you out of court.
- Free initial consultation
- Fair and transparent cost structure
- Drafting of written submissions to the opposing party
- Support from start to finish from experienced lawyers
according to DSGVO
judicially
all those affected
The processor does not respond or provides information that is obviously incorrect. Then legal action is required
- Free initial consultation
- Billing depending on the value in dispute according to RVG
- Support from start to finish from experienced lawyers
Expertise in data protection law
Lawyer Peter Weiler is your contact person for data protection at our law firm. Mr. Weiler supports you in the context of data protection issues.
