BaFin - Navigation & Service

Erscheinung:24.11.2023 | Topic Company takeovers Information on data processing in connection with the non-consideration of voting rights and the exemption from the duty to make an offer

The Federal Financial Supervisory Authority (Bundesanstalt für FinanzdienstleistungsaufsichtBaFin) processes personal data to meet its legal and (pre-)contractual obligations. This also includes data which BaFin collected from you. To promote awareness regarding data processing and your rights and to comply with our duty to provide information in accordance with Article 13 of the EU General Data Protection Regulation (GDPR), BaFin informs you as follows:

1. Contact details for BaFin and BaFin’s Data Protection Officer

Bundesanstalt für Finanzdienstleistungsaufsicht
Graurheindorfer Str. 108
53117 Bonn
Postfach 1253
53002 Bonn
Phone: +49-228-4108-0
Fax: +49-228-4108-1550
E-mail: poststelle@bafin.de or De-Mail: poststelle@bafin.de-mail.de

BaFin’s Data Protection Officer can be reached at: Datenschutz@bafin.de.

2. Purpose of processing

Market transparency and market surveillance, processing of your application

3. Legal basis for the processing of data

Sections 36 and 37 of the German Securities Acquisition and Takeover Act (Wertpapiererwerbs- und ÜbernahmegesetzWpÜG) in conjunction with section 8 of the German WpÜG Offer Ordinance (WpÜG-Angebotsverordnung)

4. Intention to transfer the personal data to recipients in a third country or to an international organisation

BaFin does not currently intend to transfer your data to a recipient in a third country (non-EU member states and countries outside the European Economic Area) or to an international organisation.

5. Recipient of data

The data are processed within BaFin only.

6. Time period for storing your data

10 years

7. Your rights as a data subject

In principle, as a data subject, you have the right of access to personal data (Article 15 of the GDPR), the right to rectification (Article 16 of the GDPR), the right to erasure (Article 17 of the GDPR) and the right to restriction of processing (Article 18 of the GDPR), the right to data portability (Article 20 of the GDPR) and the right to object to the processing (Article 21 of the GDPR). Moreover, you have a right to lodge a complaint with the data protection authority competent for BaFin, i.e. the Federal Commissioner for Data Protection and Freedom of Information (Bundesbeauftragte(r) für den Datenschutz und die Informationsfreiheit).

8. Automated individual decision-making, including profiling

There is no automated individual decision-making.

9. Basis for the provision of your data and consequences in the event of failure to provide your personal data

Your data are collected on the basis of section 36 and section 37 of the WpÜG in conjunction with section 8 et. seq. of the WpÜG Offer Ordinance. Your personal data are required to process your application. If, when requested to do so by BaFin, you do not provide the additional information regarding your application or the documents already submitted within a reasonable period set by BaFin, the application for exemption is deemed withdrawn.

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