Erscheinung:04.02.2019 | Topic Compliance Information on data processing regarding the assessment of supervisory board members’ compliance with the requirements under the German Investment Code (Kapitalanlagegesetzbuch – KAGB)
The Federal Financial Supervisory Authority (Bundesanstalt für Finanzdienstleistungsaufsicht – BaFin) 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 (0) 228-4108-0
Fax: +49 (0) 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
Assessing and ensuring that supervisory board members comply with supervisory requirements.
3. Legal basis for the processing of data
Sections 18, 119 (3), 147 (3) and 153 (3) of the KAGB
4. Intention to transfer the personal data to recipients in a third country or to an international organisation
BaFin does not 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 after the term of service ends
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
Legal obligation under sections 18, 119 (3), 147 (3) and 153 (3) of the KAGB.
The information is required to assess whether you have the necessary personal and professional qualifications that are required for the performance of supervisory board duties. Such an assessment cannot be made without this information, which means that BaFin may object to your appointment if the data are not provided.
