Data-protection Information for data subjects during the collection of personal data Art. 12, 13 General Data Protection Regulation (DS-GMO) - (as of: 01th October 2018)

At the Brandenburg University of Technology Cottbus - Senftenberg (hereinafter referred to as BTU) it is necessary to collect and to process personal data, i.e. information relating to an identified or identifiable natural person ('the person concerned') in order to carry out university operations and to fulfill the tasks of the university as to teaching, research, academic studies, and further education. In the interests of legal data-protection rights as well as to provide a transparent and comprehensible design of data processing, all persons concerned are hereby informed as follows:

Name and contact details of the responsible party and its legal representative (Art 13 (1) lit. a DS-GMO)

Brandenburg University of Technology Cottbus - Senftenberg (BTU)
Represented by its president 
Prof. Dr. rer. pol. Christiane Hipp

Platz der Deutschen Einheit 1
03046 Cottbus
Phone +49 (0)355 69 2283
Fax: +49 (0)355 69 2156
Email: praesident(at)b-tu.de

Contact details of the data-protection officer (Art 13 (1) lit. b DS-GMO)

Brandenburg University of Technology Cottbus - Senftenberg (BTU)
- The official data-protection officer -
Mr. Ulrich Przybilla

Universitätsplatz 1
01968 Senftenberg
Phone: +49 (0)3573 85 230
Fax: +49 (0)3573 85 239
Email: datenschutz(at)b-tu.de

Purpose and legal bases of data processing (Art 13 (1) lit. c DS-GMO)

BTU processes the personal data only for the fulfillment of its higher education duties and its legal obligations within the framework of the respectively applicable data-protection regulations.

The purpose and legal bases of the data processing arise for the data processing from Art. 6 (1) lit. b) - e) DS-GMO and the respective federal and state law special regulations. 

Thus, for example, BTU processes personal data on the basis of Art. Section 14 (9) Brandenburg University Law (BbgHG) in connection with Section 1 of the enrollment regulations for applicants, students, doctoral candidates, examination candidates and external candidates of higher education institutions, which are in particular required for enrollment, feedback, participation in courses, examinations, the use of higher education institutions, the participation in the evaluation of teaching and studies and for university planning.

Personal data of applicants as well as of employees are processed on the basis of Section 26 Brandenburg Data Protection Act (BbgDSG), if applicable, for civil servants in connection with Section 94 Law on Public Servants (LBGBbg), if this is necessary for the commencement, execution, termination or management of employment, or to carry out internal, planning, organizational, personnel, social or budget and cost-calculation measures, in particular for the purpose of personnel planning and personnel allocation, or which are stipulated in a wage agreement or service and works agreement (collective agreement).

In the context of research projects, BTU processes data for scientific and historical research purposes on the basis of Section 25 BbgDSG if the data subject's legitimate interests are not affected by the nature of the data, by their transparency or by the nature of the use or if the public interest for the implementation of the research project prevails over the legitimate concerns of the data subject and the purpose of the research cannot be achieved in any other manner.

As far as data is collected in connection with contractual relationships, data processing is carried out for the fulfillment of the contract and necessary pre-contractual measures (e.g. responding to inquiries of the person concerned, processing contract offers, etc.) according to Art. 6 (1) lit. b DS-GMO).

In addition, BTU complies with its data-processing and documentation obligations in accordance with labor law, social security, tax and subsidy regulations (e.g. Section 147 Tax Code (AO), Section 14b Sales Tax Act (UStG); Section 257 (4) of the German Commercial Code (HGB); Section 257 of the German Commercial Code (HGB); Sections 94 et seq. State Officials Act (LBG Bbg), Section 3 Collective Agreement Public Service of the States (TV-L), Section 16 Working Hours Act (ArbZG), Section 17 Minimum Wage Act (MiLoG)).

The collection of personal data by means of optical-electronic devices (video surveillance) and their further processing may be carried out at BTU if this is required for the fulfillment of the tasks of BTU to exercise the house right, to protect the property or possession of BTU or the State of Brandenburg or for the control of access authorizations and if there is no indication that any predominant protectable interests of the persons concerned outweigh (Section 28 BbgDSG, Section 4 House Rules of the BTU, Sections 903, 1004, 854, 858 German Civil Code (BGB)).

Statistical data are processed on the basis of the respective statistical laws (e.g. Sections 1 et seq. Higher Education Statistics Act (HStatG); Sections 1 et seq. Brandenburg Statistics Law (BbgStatG); Sections 1 et seq. Federal Statistics Law (BStatG)).

If voluntary information is provided by a data subject, it shall be regarded as consent given to BTU and a voluntary consent to the processing of this data. In this case, the processing is carried out on the basis of Art. 6 (1) lit. a) DS-GMO.

Further details on the respective individual purpose of the data processing and the concrete individual legal basis can be obtained at datenschutz+recht(at)b-tu.de.

Data processing according to Art. 6 (1) lit. f DS-GMO (Article 13 (1) (d) DS-GMO)

In fulfilling its public duties, Art. 6 (1) lit. f DS-GMO does not apply to BTU.

Recipient of personal data (Article 13 (1) (e) of the DS-GMO)

The processing of the data is carried at BTU by the respectively responsible specialist departments, faculties and specialist areas. The disclosure of data within BTU is given to the professionally responsible employees who are required to maintain confidentiality as employees of the public service or as civil servants.

If BTU uses data processing to assist processors, disclosure to the processor will be made on the basis of and within the framework of Articles 28, 29 DS-GMO.

Data is only forwarded to the recipients who are legally responsible insofar as there is a legal obligation (e.g. central employment office (ZBB) for employment and labor law tasks, health insurances within the framework and professional associations within the scope of their respective responsibilities, tax offices for tax information, statistical authorities for statistical data, funding providers and state supervisory authorities for funding evaluation).

Data is transmitted to service providers, vicarious agents, contractual partners and funding agencies as far as necessary to fulfill the contract or task (e.g. transfer of payment data to banks for the execution of bank transfers, billing, application and processing of scholarships, subsidies, etc.).

Transmission to third countries and international organizations (Art 13 (1) lit. f DS-GMO)

A transfer of personal data to a third country or to an international organization (e.g. for the purpose of facilitating stays abroad, conducting joint and international degree programs, foreign teaching and scientific events, foreign and international scholarship programs and other grants) will only be provided by BTU under the requirements of Art. 49 DS-GMO if one of the following conditions is given:

  • the data subject has expressly consented to the proposed transfer of data after having been informed of the possible risks of such data transfers without the existence of an adequacy decision and without appropriate guarantees,
  • the transmission is necessary for the performance of a contract between the data subject and BTU or for the performance of pre-contractual action at the request of the data subject,
  • the transfer is required to conclude or fulfill a contract concluded by BTU with another natural or legal person in the interests of the data subject,
  • the transmission is necessary for important reasons of public interest,
  • the transmission is necessary for the assertion, exercise or defense of legal claims,
  • the transmission is necessary for the protection of vital interests of the data subjects or of other persons, if the data subject is unable, for physical or legal reasons, to give their consent,
  • the transmission is carried out from a registry which, in accordance with the law of the Union or the Member States, is intended to inform the public and is open for inspection, either to the public as a whole or to all persons who can demonstrate a legitimate interest, but only to the extent provided for by Union law or Member States are required to inspect them on a case-by-case basis.
Storage term of the data (Art 13 (2) lit. a DS-GMO)

The data will be stored at BTU only as long as necessary for the processing, in particular for the handling, the legal documentation, and as evidence of the process and if a legal basis for the storage is given. If the processing purpose or the legal basis is discontinued, the personal details are deleted immediately (Art. 17 DS-GMO).

If the processing is based on the consent of data subjects, its immediate removal shall be implemented as soon as the data subjects withdraw their consent and there is no other legal basis for the processing (Art. 17 DS-GMO).

More detailed information on the respective individual deadlines can be obtained at datenschutz+recht(at)b-tu.de.

Rights of the person concerned (Art 13 (2) lit. b DS-GMO)

Every person affected by data processing has expressly the following rights under the General Data Protection Regulation:

Right to information (Art. 15 DS-GMO)

The data subjects have the right to ask BTU for confirmation of the processing of the personal data concerned and, if so, to have access to such personal data and to the information referred to in Art. 15 DS-GMO.

If personal data is transmitted to a third country or to an international organization, the data subjects have the right to be informed about the appropriate guarantees under Article 46 of the DS-GMO in connection with the transfer.

Right to rectification (Art. 16 DS-GMO)

The data subjects have the right to demand from BTU, without delay, the correction of incorrect personal data concerning them. In consideration of the purposes of the processing, the data subjects have the right to request the completion of incomplete personal data, including by means of a supplementary statement.

Right to cancellation (Art. 17 DS-GMO)

The data subjects have the right to demand from BTU that personal data concerning them be deleted without delay, provided that one of the legal reasons for cancellation stated in Art. 17 DS-GMO applies.

Right to restriction of processing (Art. 18 DS-GMO)

The data subject have the right to require that BTU restricts the processing if one of the requirements of Art. 18 DS-GMO is met.

Right to object to processing (Art. 21 DS-GMO)

On the basis of Article 6 (1) lit. e or f DS-GMO, data subjects have the right at any time to object against the processing of personal data relating to them for personal reasons; this also applies to profiling based on these provisions. BTU no longer processes the personal data unless it can demonstrate compelling legitimate grounds for processing that outweigh the interests, rights and freedoms of the data subjects or if the processing is for the purpose of enforcing, pursuing, or defending legal claims.

When personal data is processed to operate direct mail, the data subjects have the right to object at any time to the processing of personal data concerning them for the purposes of such advertising; this also applies to profiling insofar as it is associated with such direct mail.

Data subjects have the right to object against the processing of personal data concerning them for personal reasons, for scientific or historical research purposes or for statistical purposes pursuant to Article 89 (1) DS-GMO, unless the processing is necessary to fulfill a public-interest task.

Right to data portability (Art. 20 DS-GMO)

If the processing is carried out on the basis of a consent or under a contract, the data subjects have the right to receive the personal data concerning them provided to BTU in a structured, common and machine-readable format and they have the right to transfer the data to another person responsible without hindrance by BTU, provided that the conditions of the Art. 20 DS-GMO are given.

Right of withdrawal (Art 13 (2) lit. c DS-GMO)

If the processing is based on consent (Article 6 (1) (a) or Article 9 (2) (a) of the DS-GMO), the data subjects have the right to withdraw their consent at any time. This also applies to consent granted prior to the application of the General Data Protection Regulations. The legality of the processing carried out on the basis of the consent until the revocation remains unaffected; i.e. the revocation applies only to the future.

Right of appeal (Art 13 (2) lit. d DS-GMO)

Affected persons have the right to complain to a supervisory authority. This right of appeal is given, for example, pursuant to 77 DS-GMO, if the data subjects consider that the processing of personal data concerning them is contrary to the General Data Protection Regulation. The supervisory authority of the State of Brandenburg is in particular responsible for BTU:

The country commissioner for data protection and for the right of access to the file is

Dagmar Hartge
Stahnsdorfer Damm 77, 14532 Kleinmachnow
Phone: 033203/356-0
Fax: 033203/356-49
E-Mail: Poststelle(at)LDA.Brandenburg.de

Consequences of non-provision (Art 13 (2) lit. e DS-GMO)

Insofar as the processing of personal data at BTU is carried out on the basis of legal requirements (Article 6 (1) lit. b-e DS-GMO in conjunction with the respective federal and provincial special regulations), the provision of personal data is required by law and the affected person is obliged to provide this personal information. Failure to provide may result in the data subject's concerns not being fully dealt with and/or legal obligations not being properly met. This may result in legal and actual disadvantages for the data subject, as well as delays, possibly even non-observance of existing deadlines (e.g. no enrollment, no participation in BTU events, no granting of grants and subsidies, no settlements, payments, etc.).

The same applies in the case of mandatory contractual information and data.

Purely voluntarily provided information is neither legally nor contractually prescribed. No one is required to provide them, and failure to provide them will result in no further consequences.

Automated decision making including profiling (Art 13 (2) lit. f DS-GMO)

BTU does not carry out automated decision-making and profiling within the scope of data processing.