DATA PROTECTION INFORMATION FOR EMPLOYEES
Information on data protection regarding our processing of personal data of employees in accordance with articles 13, 14 and 21 of the General Data Protection Regulation (GDPR)
TGP Holding GmbH
in accordance with the provisions of articles 13, 14 and 21 of the General Data Protection Regulation (GDPR), we hereby inform you of the processing of the personal data collected about you and your rights under data protection law in this regard. In order to ensure that you are fully informed about the processing of your personal data in the context of the establishment, performance and termination of the employment relationship, please take note of the following information.
1. RESPONSIBLE BODY WITHIN THE MEANING OF DATA PROTECTION LAW
TGP Holding GmbH
Tel. +49-89-242 111-0
2. PURPOSES AND LEGAL BASIS OF THE PROCESSING
We process your personal data in accordance with the provisions of the European General Data Protection Regulation (GDPR) and the Federal Data Protection Act (Subsequently referred to as BDSG 2018), to the extent as this is necessary for the employment relationship. The legal basis is article 88 GDPR in conjunction with section 26 BDSG 2018 and, if applicable, article 6 Para. 1 lit. b GDPR for the initiation or execution of contractual relationships.
Furthermore, we may process your personal data to the extent as this is necessary to ward off any legal claims asserted against us as a result of the employment relationship. The legal basis is article 6 para. 1 lit. f GDPR. The legitimate interest is, for example, a burden of proof in legal proceedings. If you give us your explicit consent to process personal data for specific purposes, the lawfulness of this processing is given on the basis of your consent pursuant to article 6 para. 1 lit. a GDPR. Any consent given may be withdrawn at any time with effect for the future (see section 9 of this data protection information).
In accordance with article 88 GDPR in conjunction with section 26 BDSG 2018, we may further process the personal data you have already provided as part of an application procedure for the purposes of the employment relationship, to the extend as this is necessary for the commencement, execution or termination of the employment relationship or for the exercise or fulfilment of the rights and obligations of the representation of the interests of the employees resulting from a law or a collective agreement, a works agreement or a service agreement (collective agreement).
3. CATEGORIES OF PERSONAL DATA
We only process data relating to your employment relationship. This can be general personal data about your persona (name, address, contact data, etc.), information about your professional qualification and school education, information about professional further education as well as other data that may be required to fulfil contractual, accounting and tax obligations (bank details, health insurance, social insurance, tax data, etc.).
4. SOURCES OF DATA
We process personal data provided by you for the purpose of establishing and performing the employment relationship.
5. RECIPIENTS OF THE DATA
We transfer your personal data within our company exclusively to those divisions and persons who need this data to fulfil their contractual and legal obligations or to implement our legitimate interest (e.g. personnel department).
We may transfer your personal data to companies affiliated with us to the extent permitted by the purposes and legal bases set out in section 3 of this data protection information sheet.
Your personal data will be processed on our behalf on the basis of data processing agreements in accordance with article 28 GDPR. In these cases, we ensure that the processing of personal data is carried out in accordance with the provisions of the GDPR. The categories of processors in this case are providers of internet services and providers of employee management systems and software.
Personal data will otherwise only be transferred to recipients outside the company if this is permitted or required by law, if this is necessary for fulfilling the employment contract, if we have your consent or if we are authorized to provide information. Under these conditions, recipients of personal data may be, for example:
- External tax consultant.
- Public bodies and institutions (e.g. tax office) where there is a legal or official obligation,
- Recipients to whom the transfer is made in order to establish or perform the contract or to the extent as it is directly necessary for the employment relationship.
6. TRANSFER TO A THIRD COUNTRY
A transfer to a third country is not intended.
7. DURATION OF DATA STORAGE
We process your personal data as long as this is necessary for the establishment, performance or settlement of the employment relationship or for the exercise or fulfilment of the rights and obligations arising from the employment contract or for the exercise or fulfilment of the rights and obligations of the representation of the interests of the employees arising from a law or a collective agreement, a works agreement or a service agreement (collective agreement).
In addition, we are subject to various storage and documentation obligations, including those arising from the German Commercial Code (HGB) and the Fiscal Code (AO). The periods prescribed there for storage and documentation are between two and ten years.
Finally, the storage period also depends on the statutory limitation periods, which, for example, according to sections 195 et seq. of the German Civil Code (BGB) can generally be three years, but in certain cases also up to thirty years.
8. YOUR RIGHTS
Every data subject has the right of access pursuant to article 15 GDPR, the right to rectification pursuant to article 16 GDPR, the right to erasure pursuant to article 17 GDPR, the right to restriction of processing pursuant to article 18 GDPR, the right to notification pursuant to article 19 GDPR and the right to data portability pursuant to article 20 GDPR.
In addition, you have the right to lodge a complaint with a data protection supervisory authority pursuant to article 77 GDPR if you are of the opinion that the processing of your personal data is not lawful. The right to lodge a complaint shall be without prejudice to any other administrative or judicial remedy.
If the processing of data takes place on the basis of your consent, you are entitled to withdraw your consent to the use of your personal data on this basis at any time in accordance with article 7 GDPR. Please note that the withdrawal will only take effect in the future. Processing that took place before the revocation is not affected by this. Please also note that we may need to retain certain personal data for a period of time to comply with legal requirements (see section 8 of this personal data information sheet).
Right to object
If your personal data is processed in accordance with article 6 para. 1 lit. f GDPR in order to safeguard legitimate interests, you have the right, pursuant to article 21 GDPR, to object to the processing of this data at any time for reasons arising from your particular situation. We will then no longer process this personal data unless we can prove compelling reasons for the processing. These must outweigh your interests, rights and freedoms; or the processing must serve the assertion, exercise or defense of legal claims.
In order to protect your rights, you can contact us using the contact details given in section 1.
9. NECESSITY OF PROVIDING PERSONAL DATA
The provision of personal data for the proper performance of an employment relationship (e.g. employment contract) is voluntary. However, we can only enter into or perform an effective employment relationship with you if you provide such personal information when you enter into the employment relationship.