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Privacy Notice

With this privacy notice, the Federal Ministry of Labour and Social Affairs (BMAS), in its capacity as a data controller, is fulfilling its obligations to provide information set out in Articles 13, 14, 7 (3), third sentence, and Article 21 (4) of the General Data Protection Regulation (GDPR).

Data protection applies to personal data. Personal data means any information relating to an identified or identifiable natural person (known as the “data subject”). Personal data therefore includes all information which uniquely identifies a person, or via which it is possible to uniquely identify a person by combining internal and external information, such as a name, address, telephone number or email address. In addition, personal data also includes information which is necessarily generated when using a website, such as the start, end and duration of the user’s session or the user’s IP address.

At the Federal Ministry of Labour and Social Affairs, personal data is processed only to the extent necessary, and it is processed primarily for the purpose of enabling the Ministry to perform public tasks and comply with legal obligations. The processing of this personal data takes place primarily on the basis of the European General Data Protection Regulation (GDPR) and the Federal Data Protection Act (Bundesdatenschutzgesetz).

This privacy notice sets out what personal data is processed, the purpose for which it is used, and the basis on which it is required and processed. Details are provided about how to contact the unit responsible and the Data Protection Officer of the Federal Ministry of Labour and Social Affairs. In addition, this privacy notice includes information about the rights of data subjects and is intended, among other things, to enable them to take an informed decision on how their personal data is handled.

1. Data controller and Data Protection Officer

The controller for the processing of personal data is the

Federal Ministry of Labour and Social Affairs (BMAS)
Wilhelmstraße 49
10117 Berlin
Germany

Tel. Berlin office:
030 18 5270
Tel. Bonn office:
0228 99 5270
Email:
poststelle@bmas.bund.de

The contact details of the Ministry’s Data Protection Officer are:

Datenschutzbeauftragte des Bundesministeriums für Arbeit und Soziales
53107 Bonn, Germany

Tel.:
0228 99 5270
Email:
bds@bmas.bund.de

2. Information for data subjects under Articles 13 and 14 of the GDPR

To inform data subjects about the data processing and their rights, and to comply with the obligation to provide information (Articles 13 and 14 of the GDPR), information is provided below about individual types of processing: in section 6.

3. Automated decision-making

In principle, no automated decision-making takes place. If, by way of exception, automated decision-making does take place as part of a specific process, notice of this is provided in that context.

4. Transfer of data to third countries

The Ministry does not intend to transfer personal data to recipients in a third country or an international organisation. If, by way of exception, such a transfer of data does take place as part of a specific process, notice of this is provided in that context.

5. Your rights

Data subjects have rights in relation to the Federal Ministry of Labour and Social Affairs, in its capacity as the data controller, when it comes to the processing of their personal data:

5.1 General rights of data subjects

  • Right of access (Article 15 of the GDPR)
    The right of access means the data subject is entitled to receive comprehensive information about the personal data and some other important criteria, such as the purposes of the processing or the period for which the data will be kept. The exceptions to this right set out in section 34 of the Federal Data Protection Act apply.
  • Right to rectification (Article 16 of the GDPR)
    The right to rectification enables the data subject to have inaccurate personal data corrected.
  • Right to erasure (Article 17 of the GDPR)
    The right to erasure enables the data subject to have the controller erase data. However, this is only possible if, for example, the personal data is no longer necessary, has been unlawfully processed, or consent for the processing has been withdrawn. The exceptions to this right set out in Article 17 of the GDPR and section 35 of the Federal Data Protection Act apply.
  • Right to restriction of processing (Article 18 of the GDPR)
    The right to restriction of processing allows the data subject to initially prevent further processing of the personal data in certain circumstances.
  • Right to data portability (Article 20 of the GDPR)
    The right to data portability enables the data subject, in certain circumstances, to receive the personal data from the controller in a commonly used, machine-readable format so that it can potentially be transmitted to another controller. The exception to this right set out in Article 20 (3), second sentence, of the GDPR applies.

5.2 Right to object to data processing on the basis of consent

In cases where personal data is processed on the basis of consent (Article 6 (1) (a), Article 7 or Article 9 (2) (a) of the GDPR), consent may be withdrawn at any time (Article 7 (3), first sentence, of the GDPR).

The withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.

After consent has been withdrawn, it is possible in individual cases that, although the personal data may no longer be processed for the original purpose, processing – in whole or in part – is necessary for other reasons. The data user will be informed accordingly about this change in purpose.

Consent can be withdrawn by contacting the Federal Ministry of Labour and Social Affairs at the contact details provided above, unless a specific point of contact within the Ministry was given in the declaration of consent.

5.3 Right to object under Article 21 of the GDPR

If the processing of personal data is based on Article 6 (1) (e) of the GDPR (performance of public tasks), the data subjects have the right to object, on grounds relating to their particular situation, at any time to processing of personal data (Article 21 (1) of the GDPR). The exceptions to this right set out in Article 21 of the GDPR and section 36 of the Federal Data Protection Act apply.

The objection is not subject to any requirements as to form, but should include the name and other identifiers where appropriate (e.g. email address, postal address); it should be sent to the address given above for the Federal Ministry of Labour and Social Affairs, unless a specific point of contact within the Ministry has been given.

5.4 Right to lodge a complaint

Data subjects have the right to lodge a complaint about the possibility of unlawful processing of their personal data with the competent supervisory authority for data protection at the Federal Ministry of Labour and Social Affairs, namely the Federal Commissioner for Data Protection and Freedom of Information:

Bundesbeauftragte/r für den Datenschutz und die Informationsfreiheit
Graurheindorfer Str. 153
53117 Bonn
German

Tel.:
0228 9977990
Email:
poststelle@bfdi.bund.de

6. Detailed information

6.1 Supervision (legal, operational and administrative supervision)

1) Purpose

As part of its supervisory role, in the framework of legal, operational and administrative supervision, the Federal Ministry of Labour and Social Affairs processes personal data in order to perform its tasks under the law on supervision and for documentation purposes.
The Federal Labour Court, the Federal Social Court, the Federal Office for Social Security and the Federal Institute for Occupational Safety and Health fall within the Ministry’s immediate area of responsibility. The Federal Employment Agency is subject to the Ministry’s legal supervision, and the Ministry also has audit tasks in relation to the municipal job centres.

The Ministry’s area of responsibility also includes the following institutions, which are subject to the legal supervision of the Federal Office for Social Security: Deutsche Rentenversicherung Bund (German Federal Pension Insurance), Deutsche Rentenversicherung Knappschaft-Bahn-See (German Pension Insurance Miners, Railway and Maritime), Unfallversicherung Bund und Bahn (German Social Accident Insurance Institution of the Federal Government and for the Railway Services) including the Künstlersozialkasse (Artists’ Social Fund), Sozialversicherung für Landwirtschaft, Forsten und Gartenbau (Social Insurance for Agriculture, Forestry and Horticulture), and the other federal accident insurance agencies under the umbrella of Deutsche Gesetzliche Unfallversicherung (German Statutory Accident Insurance) (the occupational accident insurance funds for: raw materials and the chemical industry; wood- and metal-working; energy, textiles, electrical equipment and media products; food and hospitality; the construction industry; commerce and logistics; administration; the transport industry, postal logistics and telecommunications; and the health service and social welfare).

2) Nature and source of the data

As part of these public tasks undertaken by the Federal Ministry of Labour and Social Affairs, the surname, given name, official contact details, and organisation or institution of contact persons and persons responsible are usually processed. The Ministry receives this data from the data subjects themselves or in some cases from the organisations in question.

3) Legal basis

The data is processed on the basis of Article 6 (1) (e) of the GDPR in conjunction with section 3 of the Federal Data Protection Act.

4) Recipients

The personal data is processed by staff of the Federal Ministry of Labour and Social Affairs. If it is transferred to external recipients, the data subject will be informed separately about this in the case in question.

5) Retention period

The data retention periods are determined in accordance with the Administrative Regulation for Payments, Bookkeeping and Accounting (VV-ZBR BHO 4.7 and no. 6 of Annex 1), the General Administrative Regulation on Physical Security issued by the Federal Ministry of the Interior (VS-Anweisung), and the guidance issued by the Federal Archives on records management regarding the setting of retention periods for the records of supreme federal authorities in accordance with section 19 of the Directive on the Processing and Management of Records in Federal Ministries (Registraturrichtlinie). The data is erased as soon as the purpose of the data processing ceases to apply, unless the Federal Ministry of Labour and Social Affairs has legitimate interests under Article 17 (3) of the GDPR. The retention period for administrative records in connection with supervisory tasks is up to 15 years from the end of the calendar year in which the processing was completed.

6) Obligation to provide data or consequences of non-provision

The Federal Ministry of Labour and Social Affairs is unable to contact the relevant employees of public bodies without this personal data, and this would mean the Ministry was unable to perform its supervisory role.

6.2 Visitors and visiting groups

1) Purpose

The Federal Ministry of Labour and Social Affairs regularly receives visitors and visiting groups at the Ministry. Personal data is processed to ensure security at the Ministry’s properties and to organise and prepare for the visit.

2) Nature and source of the data

In the context of organising and preparing for the visit, the given name, surname and other information (e.g. contact details, organisation, institution or employer) of the group leaders (e.g. Members of the German Bundestag, teachers) are processed. In some cases, visitors’ names, and potentially their addresses or dates of birth, are also recorded. The Ministry obtains this personal data from the data subjects themselves, but also from the Press and Information Office of the Federal Government or the group leaders.

3) Legal basis

The personal data is processed on the basis of Article 6 (1) (e) of the GDPR in conjunction with section 3 of the Federal Data Protection Act.

4) Recipients

The group leaders’ personal data is processed solely at the Federal Ministry of Labour and Social Affairs.

5) Retention period

The data is erased as soon as the purpose of the data processing ceases to apply, and no later than six months after the date of the visit, unless the Federal Ministry of Labour and Social Affairs has legitimate interests under Article 17 (3) of the GDPR.

6) Obligation to provide data or consequences of non-provision

Visits for groups cannot be organised without this information.

6.3 Job applications

1) Purpose of the data processing

The personal data collected in the framework of the job application process (including interviews and any assessments carried out) is processed for the purpose of carrying out the selection process and allowing a decision to be taken on whether an employment relationship should be established with the Federal Ministry of Labour and Social Affairs.

Where special categories of personal data (in particular data concerning health, for example the fact that an applicant has a severe disability) in accordance with Article 9 (1) of the GDPR are processed, this takes place in the application process solely for the purpose of complying with the obligations established by Book Nine of the Social Code (Sozialgesetzbuch), for example the obligation to invite applicants with severe disabilities to an interview.

2) Nature and source of the data

The categories of personal data processed include, in particular, basic data (such as given name, surname, name prefixes and suffixes), contact details (such as home address, (mobile) phone number, email address), and all data provided in the application documents (which may also include data concerning health, if this information is contained in the documents).

This personal data is usually obtained directly from the applicants as part of the application process (via the INTERAMT website, for example). It is also possible for data to be transferred by third parties (e.g. the service for employers run by the Federal Employment Agency – including the service for graduates with severe disabilities – and vocational training and retraining centres). During the application process, the Federal Ministry of Labour and Social Affairs may request an applicant’s personnel file from a previous public-sector employer.

3) Legal basis

This personal data is processed on the basis of Article 6 (1) (b) in conjunction with Article 88 (1) of the GDPR in conjunction with section 26 (1) of the Federal Data Protection Act or section 106 (4) of the Act on Federal Civil Servants (Bundesbeamtengesetz).

In addition, separate consent in accordance with Article 6 (1) (a), Article 7 and Article 9 (2) (a) of the GDPR in conjunction with section 26 (2) of the Federal Data Protection Act may provide a legal basis for the purposes of data protection law.

Where photos are included in the application, this is regarded as consent for the photos to be processed. In line with Article 7 (3), first sentence, of the GDPR, this consent may be withdrawn at any time.

4) Recipients

When applications for a travelling allowance (Reisekostenzuschuss) are submitted, the data provided on the application form is transferred to the Federal Office of Administration, which the Federal Ministry of Labour and Social Affairs has tasked with handling such applications.

In the context of the job application process, applications can also be submitted via INTERAMT, the service provider tasked by the Federal Ministry of Labour and Social Affairs.

5) Retention period

The personal data of unsuccessful applicants who participated in a completed application process is stored after the end of the application process for as long as is necessary for the management of the application process. If an applicant is hired, their personal data is transferred to a personnel file.

Where an application process takes place in the context of pool recruitment, the application process only ends when the pool process is concluded by the Federal Ministry of Labour and Social Affairs or when all applicants deemed to be suitable have been hired.

Documents relating to travel expenses are kept by the Federal Office of Administration for a period of six years from the end of the calendar year in which the travel expenses were processed.

6) Obligation to provide data or consequences of non-provision

There is no obligation to provide personal data when applying for a job. However, an application cannot be considered if the relevant data for the application process is not provided.

6.4 Ordering printed materials

1) Purpose

The personal data is necessary for the implementation of pre-contractual measures and the performance of a contract (the provision of the materials). The data is processed in the context of the order. In some cases, contact details are also used to enquire whether the person placing the order would like to provide feedback on the content.

2) Nature and source of the data

When brochures, leaflets and other printed materials are ordered from this website, the following personal data needs to be provided so that the order can be processed:

  • Surname, given name,
  • Street, house number,
  • Postcode and town or city

The other information, such as institution, department, German state and email address, is not required so that the order can be processed, but is used to improve the handling of the order. The Federal Ministry of Labour and Social Affairs receives the personal data directly from the data subjects as part of the ordering process.

3) Legal basis

The data is processed on the basis of Article 6 (1) (b) of the GDPR.

If additional data is provided, beyond what is required, the Federal Ministry of Labour and Social Affairs processes this data on the basis of implied consent under Article 6 (1) (a) in conjunction with Article 7 of the GDPR. The data processing for the purpose of asking the data subject to provide feedback on the materials takes place on the basis of Article 6 (1) (c) of the GDPR in conjunction with Article 114 of the Basic Law (Grundgesetz) (legal obligation of efficiency in public administration). The survey itself then takes place on the basis of consent, which is obtained separately.

4) Recipients

If the order cannot be handled in full by the Federal Ministry of Labour and Social Affairs, the data provided is passed on to third parties (the delivery companies IBRo Versandservice GmbH and Gemeinnützige Werkstätten Bonn GmbH (GVP), or other public authorities or institutions in cases where they send the ordered materials).

5) Retention period

The order data is redacted after three months. This means that the address data is anonymised. For statistical purposes, it is then still possible to see how many copies of an item have been ordered, but it is no longer possible to identify who ordered them.

6) Obligation to provide data or consequences of non-provision

If the required data is not provided, the order cannot be processed.

Additional information, such as institution, department, German state and email address, is not necessary for the order to be processed, but is used to improve the handling of the order. 

6.5 Honorary posts and honours

1) Purpose

As part of its public tasks, the Federal Ministry of Labour and Social Affairs appoints people to various honorary posts in bodies or institutions, and honours members of the public for their civic engagement. This includes, for example, appointing members to the Care Commission, the Home Work Committees, the self-governance bodies of social insurance corporations, and the vocational training committees in the field of social insurance; appointing the honorary judges of the Federal Labour Court and the Federal Social Court; or awarding the Order of Merit of the Federal Republic of Germany.

2) Nature and source of the data

As part of these public tasks undertaken by the Federal Ministry of Labour and Social Affairs, the surname, given name, academic title, contact details and organisation (e.g. trade union membership) or institution of the data subjects and contact persons are usually processed.

The Ministry receives this data from the data subjects themselves in some cases, or from the organisations in question, or obtains it from public directories.

3) Legal basis

This personal data is processed on the basis of Article 6 (1) (a) and (e) of the GDPR in conjunction with Article 9 (1) (a) of the GDPR and section 3 of the Federal Data Protection Act.

4) Recipients

The personal data is passed on to the institutions involved in each case, for example to the Federal Labour Court, the Federal Employment Agency, or the ministries and state chancelleries of the Länder (federal states).

5) Retention period

The data retention periods are determined in accordance with the Administrative Regulation for Payments, Bookkeeping and Accounting (VV-ZBR BHO 4.7 and no. 6 of Annex 1), the General Administrative Regulation on Physical Security issued by the Federal Ministry of the Interior (VS-Anweisung), and the guidance issued by the Federal Archives on records management regarding the setting of retention periods for the records of supreme federal authorities in accordance with section 19 of the Directive on the Processing and Management of Records in Federal Ministries (Registraturrichtlinie). The data is erased as soon as the purpose of the data processing ceases to apply, unless the Federal Ministry of Labour and Social Affairs has legitimate interests under Article 17 (3) of the GDPR. The retention period for administrative records is 20 years in connection with the honorary judges of the Federal Labour Court and Federal Social Court, for example, 15 years in connection with the Care Commission and the Board of Directors of the Federal Employment Agency, and ten years in connection with the Home Work Committees; in each case, this period begins at the end of the calendar year in which the processing was completed.

6) Obligation to provide data or consequences of non-provision

Nominations and appointments to these honorary posts cannot be made without this personal data, and honours cannot be awarded.

6.6 Assertion of the rights of data subjects under the GDPR

1) Purpose

The personal data is processed in order to handle, respond to and document the rights of data subjects (e.g. requests for access or erasure, lodging of an objection) that are asserted under Article 12 et seqq. of the GDPR. Any identity documents submitted are used only for identification purposes.

2) Nature and source of the data

The exact data processed in the context of this kind of request depends on the content of the request in question. Normally, it includes, at a minimum, the surname, given name and contact details of the person submitting the request, and the details of the processing operations to which the request relates; however, it may also include the personal data contained in an identity document submitted for identification purposes.

3) Legal basis

This personal data is processed on the basis of Article 6 (1) (c) in conjunction with Article 12 et seqq. of the GDPR. The processing is documented on the basis of Article 6 (1) (c) in conjunction with Article 5 of the GDPR.

4) Recipients

In order to undertake a comprehensive examination of the request, the Ministry may have to request details of the personal data processed by the service provider it has tasked, Telemark Rostock Kommunikations- und Marketinggesellschaft mbH.

5) Retention period

The personal data is kept by the Federal Ministry of Labour and Social Affairs for as long as is necessary to comply with the documentation obligation established by Article 5 (2) of the GDPR and to defend legal positions (Article 17 (3) of the GDPR). This retention period is three years from the end of the year in which the request was received. Any identity document submitted is erased or destroyed immediately after identification has taken place. A note is merely kept of how proof of identity was provided.

6) Obligation to provide data or consequences of non-provision

It is not possible to process and respond to requests under Article 12 et seqq. of the GDPR unless the data subject’s given name, surname and contact details are provided, which usually allow identification in relation to the processing operations.

6.7 Legislative process

1) Purpose

Within its remit, the Federal Ministry of Labour and Social Affairs works with the legislative bodies and the ministries at federal and Land level, as well as civil-society organisations (e.g. local authority central organisations, interest groups) and their staff.

2) Nature and source of the data

As part of these tasks, the surname, given name, academic title, contact details (usually official contact details), and the organisation or institution of the persons responsible and contact persons are usually processed.

The Ministry receives this data from the data subjects themselves in some cases, or from the organisations in question, or obtains it from public directories.

3) Legal basis

This personal data is processed on the basis of Article 6 (1) (e) of the GDPR in conjunction with section 3 of the Federal Data Protection Act.

4) Recipients

The personal data is only passed on to the extent necessary for the proper conduct of the legislative process, for example to other federal ministries or ministries at Land level involved in the process.

5) Retention period

The data retention periods are determined in accordance with the Administrative Regulation for Payments, Bookkeeping and Accounting (VV-ZBR BHO 4.7 and no. 6 of Annex 1), the General Administrative Regulation on Physical Security issued by the Federal Ministry of the Interior (VS-Anweisung), and the guidance issued by the Federal Archives on records management regarding the setting of retention periods for the records of supreme federal authorities in accordance with section 19 of the Directive on the Processing and Management of Records in Federal Ministries (Registraturrichtlinie). The data is erased as soon as the purpose of the data processing ceases to apply, unless the Federal Ministry of Labour and Social Affairs has legitimate interests under Article 17 (3) of the GDPR. The retention period for administrative records in connection with the legislative process is generally 20 years, and in certain cases up to 30 years; in each case, this period begins at the end of the calendar year in which the processing was completed.

6) Obligation to provide data or consequences of non-provision

The Ministry is unable to fulfil its tasks or cooperate with the organisations in question without processing the contact details.

6.8 Obtaining information from (public) institutions

1) Purpose

The personal data is processed to allow the handling of professional requests and submissions from staff of (public) institutions.

2) Nature and source of the data

The following data is processed: the sender’s given name and surname, and official contact details where applicable.

The Federal Ministry of Labour and Social Affairs obtains the personal data directly from the sender’s correspondence.

3) Legal basis

The data is processed on the basis of Article 6 (1) (e) of the GDPR in conjunction with section 3 of the Federal Data Protection Act.

4) Recipients

Processing only takes place internally within the Ministry.

5) Retention period

The data retention periods are determined in accordance with the Administrative Regulation for Payments, Bookkeeping and Accounting (VV-ZBR BHO 4.7 and no. 6 of Annex 1), the General Administrative Regulation on Physical Security issued by the Federal Ministry of the Interior (VS-Anweisung), and the guidance issued by the Federal Archives on records management regarding the setting of retention periods for the records of supreme federal authorities in accordance with section 19 of the Directive on the Processing and Management of Records in Federal Ministries (Registraturrichtlinie). The data is erased as soon as the purpose of the data processing ceases to apply, unless the Federal Ministry of Labour and Social Affairs has legitimate interests under Article 17 (3) of the GDPR. In accordance with these provisions, the retention period is generally one year from the end of the calendar year in which the processing was completed.

6) Obligation to provide data or consequences of non-provision

The sender’s official contact details need to be provided so that the Ministry can communicate effectively with the sender within the requesting (public) institutions.

6.9 Freedom of Information Act (requests under the Act)

1) Purpose

The personal data provided by a person submitting a request under the Freedom of Information Act (Informationsfreiheitsgesetz) is processed for the purpose of handling, answering and documenting the request.

2) Nature and source of the data

For the request to be answered, it is necessary for an email address to be provided, or in certain cases (if the request is rejected, partially rejected or subject to fees) the individual’s contact details so that a response can be sent by post. The request cannot be processed without this data. A postal address can be provided where the individual would like to receive a response by post or where this is necessary for administrative reasons (if the request is rejected, partially rejected or subject to fees). The Federal Ministry of Labour and Social Affairs receives the personal data directly from the data subjects or via the "Frag den Staat" (Ask the State) website.

3) Legal basis

This personal data is handled on the basis of Article 6 (1) (c) of the GDPR in conjunction with the Freedom of Information Act.

4) Recipients

The request is handled by the staff of the Federal Ministry of Labour and Social Affairs. In some cases, the requests are answered via the "Frag den Staat" website.

5) Retention period

Requests under the Freedom of Information Act are stored in accordance with the retention periods for records established by the Directive on the Processing and Management of Records in Federal Ministries (Registraturrichtlinie), which supplements the Joint Rules of Procedure of the Federal Ministries (Gemeinsame Geschäftsordnung der Bundesministerien). In accordance with these provisions, the retention period is usually ten years from the end of the calendar year in which the processing was completed.

6) Obligation to provide data or consequences of non-provision

The request cannot be processed and answered unless the email address or postal address is provided.

6.10 Website

6.10.1 Visiting the Website
1) Purpose

Every time a user visits the website of the Federal Ministry of Labour and Social Affairs, the data needed to provide this service is processed. The Ministry is required, on the basis of section 5 of the Act on the Federal Office for Information Security (Gesetz über das Bundesamt für Sicherheit in der Informationstechnik), to store data for the purpose of protecting the Ministry’s internet infrastructure and federal communications technology from attack. This data is analysed and is required so that legal action can be taken and a criminal prosecution can be launched in the event of attacks on communications technology.

2) Nature and source of the data

The following data is collected:

  • Browser type and version
  • Operating system used
  • User’s IP address
  • Server IP address and name
  • Date and time of the server request
  • HTTP protocol and status
  • Data volume transferred
  • File path

The Ministry obtains the personal data directly from the data subjects and their electronic devices.

3) Legal basis

The personal data is processed on the basis of Article 6 (1) (c) of the GDPR in conjunction with section 5 of the Act on the Federal Office for Information Security.

4) Recipients

This data is also stored in log files on a server run by the web provider Publicis Pixelpark GmbH, and retained after the visit to the website.
Data recorded when users visit the Ministry’s website is only transferred to third parties where there is a legal obligation to do so or where this is necessary for the purpose of legal action or criminal prosecution in the event of attacks on federal communications technology. It is not transferred in any other cases.

5) Retention period

The data is erased as soon as the purpose of the data processing ceases to apply, unless the Federal Ministry of Labour and Social Affairs has legitimate interests under Article 17 (3) of the GDPR or retention obligations exist on IT security grounds (in which case the retention period is three months, under section 5 (2) of the Act on the Federal Office for Information Security).

6) Obligation to provide data or consequences of non-provision

The website cannot be used, for functional or IT security reasons, without providing the technical connection data specified above.

6.10.2 Session-Cookies
1) Purpose

When a user orders publications using the shopping cart, the Federal Ministry of Labour and Social Affairs uses what are known as session cookies. Session cookies are small pieces of data which a service provider stores in the temporary memory of the user’s device. The session ID is used to collate the orders in the user’s shopping cart so that multiple publications can be ordered at the same time and the order can be collected in a single shopping cart.

2) Nature and source of the data

A session cookie contains a randomly generated unique identifier, known as a session ID. The cookie also includes information about its origin and the length of time for which it is saved. These cookies cannot store any other data.
The Ministry generates the personal data for visits to the website.

3) Legal basis

This takes place on the basis of Article 6 (1) (e) of the GDPR in conjunction with section 3 of the Federal Data Protection Act, so that information can be provided in line with users’ needs (see also section 25 (2) no. 2 of the Telecommunications Telemedia Data Protection Act (Telekommunikation-Telemedien-Datenschutz-Gesetz)).

4) Recipients

The data is not transferred to third parties.

5) Retention period

The session cookies set by the Federal Ministry of Labour and Social Affairs are deleted when the session is ended. If the browser window is closed or another website is loaded, the shopping cart is emptied. The items placed in it will have to be re-added if the session is ended without the order being completed.

Please note: Persistent cookies also exist, which enable visitors to be recognised even if they return to a site much later. This information is stored as a text file on the visitor’s hard drive. The Ministry does not use this kind of cookie on its website.

6) Obligation to provide data or consequences of non-provision

Users who wish to make full use of the Ministry’s shopping cart feature should enable session cookies in their browser.

Cookies can be managed using any internet browser. Most browsers are set to accept all cookies without asking the user. The browser’s settings can be changed to block or limit cookies. Cookies which have already been set can be deleted at any time. This can also take place automatically.

If the user rejects all cookies,

  • the shopping cart cannot be used to collect multiple publications, and
  • only one publication can be ordered at a time.
7) Information on how to view cookies

The data sent automatically by the browser to the Ministry’s server can be viewed in the browser’s site information.

All browsers allow users to view when cookies are set and what information they contain. The data sent automatically by the browser to the Ministry’s server can be viewed in the browser’s site information.

6.10.3 Web analytics
1) Purpose

In the context of the Ministry’s public relations activities and the tasks to be performed by the Ministry, usage information is analysed for statistical purposes so that information can be provided in line with users’ needs.

2) Nature and source of the data

The web analytics service “etracker” sets cookies on the visitor’s device. When individual pages of this website are accessed, the following data is stored:

  • Two bytes of the IP address of the user’s device (the last six characters are anonymised),
  • The page accessed,
  • The page which brought the user to the page accessed (referrer),
  • Recognition of returning visitors and visitor history,
  • The pages visited from the page accessed,
  • The time spent on the page, and
  • How frequently the page is accessed.

Although the Federal Ministry of Labour and Social Affairs generates the personal data when a user visits the website, the IP address is anonymised without delay as part of this process, ensuring that users remain anonymous from the Ministry’s perspective.
The software is set not to store IP addresses in full; instead, two bytes of the IP address are masked (e.g. 192.168.xxx.xxx). This means the truncated IP address can no longer be attributed to the accessing device.

3) Legal basis

Diese Anonymisierung der personenbezogenen Daten erfolgt auf Grundlage des Art. 6 Abs. 1 c) i. V. m. Art. 5 Abs. 1 c) DSGVO (Grundsatz der Datenminimierung).

Die kurzzeitige Erhebung der IP-Adresse vor der Anonymisierung erfolgt auf Grundlage des Art. 6 Abs. 1 a), Art. 7 DSGVO und im Übrigen gemäß § 25 Abs. 1 TTDSG. Über die Erhebung kann im Vorfeld entschieden werden. Das geschieht durch die Auswahl, welche die Nutzenden zu Beginn des Besuchs im Cookie-Hinweis tätigen. Wenn die Nutzenden die Auswahl nachträglich ändern möchten, kann das durch Klick auf den untenstehenden Link erfolgen. Der Cookie-Dialog öffnet sich dann erneut und die Einstellungen können entsprechend geändert werden.

to the Cookie Dialogue

4) Recipients

The software runs solely on the servers of the “etracker” service provider on behalf of the Federal Ministry of Labour and Social Affairs. Usage information is only stored there. The data is not transferred to third parties.

5) Retention period

As part of this process, the IP address is anonymised without delay, ensuring that users remain anonymous from the Ministry’s perspective.

6) Obligation to provide data or consequences of non-provision

If users have not given their consent for the storage and analysis of this data relating to their visit, an opt-out cookie is set in their browser, which stops “etracker” from collecting any session data.

Users can decide here whether to give consent for a unique web analytics cookie to be set in their browser to enable the website’s operator to collect and analyse various types of statistical data.

If you do not wish to give consent for this, please click the following link to set the “etracker” opt-out cookie in your browser.

No data collection

Please note: Clearing cookies will also delete the opt-out cookie and it may then need to be activated again by the user.

6.11 Contacting the Ministry via publicly accessible contact options

1) Purpose

The personal data provided when an individual contacts the Federal Ministry of Labour and Social Affairs is processed for the purpose of handling, responding to and documenting the communication. The Ministry can be contacted in the following ways:

  • The contact form
  • The email addresses info@bmas.bund.de and info.gehoerlos@bmas.bund.de
  • The email addresses presse@bmas.bund.de, poststelle@bmas.de and the De Mail address poststelle@bmas.demail.de
  • Letters can be sent to the Ministry’s postal address
  • Telephone
  • The email address kontakt@publicispixelpark.de
2) Nature and source of the data

In the context of communications submitted to the Federal Ministry of Labour and Social Affairs, the data provided – usually surname, given name, postal address, and telephone number where applicable – is processed. When individuals contact the Ministry, they have to provide their postal address, as the Ministry is required by the Joint Rules of Procedure of the Federal Ministries (Gemeinsame Geschäftsordnung der Bundesministerien) to respond to communications from members of the public by post, and sending the reply by post is often the only way to guarantee it is confidential.

Other information contained in the communication, together with any enclosures or attachments, which may be necessary for handling it can include the number of years worked (in the case of pension queries). Additional information can include data concerning health, information relating to trade union membership, and so on.

The Ministry usually receives the personal data directly from the data subjects when they contact the Ministry; it may also receive personal data from agencies in its area of responsibility in cases where they are involved in examining and responding to the communication.

3) Legal basis

The processing of the identification and address data and the personal data necessary for handling the communication takes place on the basis of Article 6 (1) (e) of the GDPR in conjunction with section 3 of the Federal Data Protection Act. Any further information is processed on the basis of consent under Article 6 (1) (a) in conjunction with section 7 of the GDPR.

Where the communication or the enclosures or attachments contain special categories of personal data (such as data concerning health or trade union membership), this information is provided voluntarily and the Federal Ministry of Labour and Social Affairs regards the provision of this data as consent for it to be processed as well under Article 9 (2) (a) of the GDPR. Where the processing of this particularly sensitive data takes place on the basis of consent, the data subject’s attention is explicitly drawn to the right to withdraw consent under Article 7 (3) of the GDPR.

4) Recipients
  • Communications sent via the contact form
    Communications sent via the contact form on the Ministry’s website are processed by the service provider tasked by the Federal Ministry of Labour and Social Affairs, Telemark Rostock Kommunikations- und Marketinggesellschaft mbH.
    If the matter cannot be dealt with by the staff of Telemark Rostock Kommunikations- und Marketinggesellschaft mbH, it is passed on to the Ministry.
  • Communications sent via the email addresses info@bmas.bund.de and info.gehoerlos@bmas.bund.de:
    Communications sent via the email addresses info@bmas.bund.de or info.gehoerlos@bmas.bund.de are processed by the service provider tasked by the Federal Ministry of Labour and Social Affairs, Telemark Rostock Kommunikations- und Marketinggesellschaft mbH.
    If the matter cannot be dealt with by the staff of Telemark Rostock Kommunikations- und Marketinggesellschaft mbH, it is passed on to the Ministry.
  • Communications sent via the email address info@digitaspixelpark.com:
    Communications sent via the email address info@digitaspixelpark.com are processed by the service provider tasked by the Federal Ministry of Labour and Social Affairs, Publicis Pixelpark GmbH.
    If the matter cannot be dealt with by Publicis Pixelpark, it is passed on to the Ministry.

In connection with the processing and examination of the facts by the Ministry’s staff, it may be necessary to pass on the matter to agencies within the Ministry’s area of responsibility or other competent agencies so that a technically sound or informed response can be provided.

Under Article 6 (1) (e) of the GDPR in conjunction with sections 3, 25 and 23 of the Federal Data Protection Act, the transfer of data takes place only if it is in the interest of the data subject and the communication does not contain any indication that the data subject does not agree to the involvement of such agencies.

In most cases, these agencies within the Ministry’s area of responsibility or other competent agencies could be the data subject’s local employment agency, local job centre, pension insurance fund, or another federal ministry (for example the Federal Ministry of Health in the case of questions relating to medicines, or the Federal Ministry of Finance in the case of questions relating to taxes).

If there is any indication that the data subject may not want the data to be transferred, the Federal Ministry of Labour and Social Affairs will seek the data subject’s prior consent. The same applies if the documents contain special categories of personal data (Article 9 of the GDPR, e.g. data concerning health) which must be passed on for examination.

5) Retention period

The data retention periods are determined in accordance with the Administrative Regulation for Payments, Bookkeeping and Accounting (VV-ZBR BHO 4.7 and no. 6 of Annex 1), the General Administrative Regulation on Physical Security issued by the Federal Ministry of the Interior (VS-Anweisung), and the guidance issued by the Federal Archives on records management regarding the setting of retention periods for the records of supreme federal authorities in accordance with section 19 of the Directive on the Processing and Management of Records in Federal Ministries (Registraturrichtlinie).

Where the communication is received in the context of a submission from an individual, for example, the retention period is one year from the end of the calendar year in which the processing was completed; the retention period is up to 20 years in the case of technical subjects or opinions, and up to 30 years for opinions submitted in the framework of the legislative process; in each case, this period begins at the end of the calendar year in which the processing was completed.

Please note: The Ministry may destroy documents which are not required.

6) Obligation to provide data or consequences of non-provision

The communication cannot be processed and answered unless the address data and relevant personal data is provided.

6.12. Newsletters

1) Purpose

In this context, the Federal Ministry of Labour Affairs uses personal data solely to send the newsletters and for statistical analysis of the system’s performance.

2) Nature and source of the data

Anyone who wishes to sign up for one of the Ministry’s newsletters needs to provide their email address and specify the newsletter(s). The Ministry receives the personal data directly from the data subjects.

3) Legal basis

The data is processed on the basis of consent under Article 6 (1) (a) of the GDPR.

The sign-up system uses a double opt-in approach, sending an additional confirmation email containing a link for final registration; this ensures that the person signing up for the newsletter definitely wishes to receive it.

Upon registration, the data is stored on the Ministry’s server and a confirmation email containing a link for final registration is sent to the email address provided. If the registration is not confirmed via the link in this email, the data is erased after 24 hours.

The newsletter-related data is only stored for use in connection with the newsletter service once registration has been confirmed via the link in the email.

4) Recipients

This personal data is stored on a Ministry server.

Newsletter sign-ups are managed by the service provider Publicis Pixelpark GmbH. Beyond that, the data is not transferred to third parties.

5) Retention period

Subscribers who no longer agree to their data being stored for this purpose, and thus no longer want to use the Ministry’s newsletter service, can withdraw their consent to data processing for the purpose of sending the newsletter at any time.

They will then be unsubscribed from the newsletter and the data provided is erased.

Here you can unsubscribe to the newsletter. You will need to provide the email address you gave when signing up for the newsletter.

6) Obligation to provide data or consequences of non-provision

The chosen newsletter cannot be sent without the subscriber’s email address.

6.13 Public tasks in cooperation with other organisations or individuals

1) Purpose

The Federal Ministry of Labour and Social Affairs is responsible for additional public tasks, such as:

  • interministerial cooperation,
  • cooperation with the Länder (federal states) and local authority central organisations,
  • cooperation with executive agencies in the Ministry’s area of responsibility,
  • cooperation with expert in various fields (e.g. university professors, lawyers, the Institute for Employment Research (IAB), representatives of civil society, social organisations, trade unions or employers’ associations),
  • assessment of and cooperation with project organisations which are seeking or receiving support from European funds and funding programmes, or
  • dialogue with the judiciary, e.g. the Federal Labour Court and the Federal Social Court.
  • Nature and source of the data

As part of these public tasks undertaken by the Federal Ministry of Labour and Social Affairs, the surname, given name, academic title, (primarily) official contact details and organisation or institution of the persons responsible and contact persons are usually processed. The Ministry receives this data from the data subjects themselves in some cases, or from the organisations in question, or obtains it from public directories.

2) Legal basis

The data is processed on the basis of Article 6 (1) (a) and (e) of the GDPR in conjunction with Article 9 (1) (a) of the GDPR and section 3 of the Federal Data Protection Act.

3) Recipients

The personal data is processed by staff of the Federal Ministry of Labour and Social Affairs. If it is transferred to external recipients, the data subject will be informed separately about this in the case in question.

4) Retention period

The data retention periods are determined in accordance with the Administrative Regulation for Payments, Bookkeeping and Accounting (VV-ZBR BHO 4.7 and no. 6 of Annex 1), the General Administrative Regulation on Physical Security issued by the Federal Ministry of the Interior (VS-Anweisung), and the guidance issued by the Federal Archives on records management regarding the setting of retention periods for the records of supreme federal authorities in accordance with section 19 of the Directive on the Processing and Management of Records in Federal Ministries (Registraturrichtlinie). The data is erased as soon as the purpose of the data processing ceases to apply, unless the Federal Ministry of Labour and Social Affairs has legitimate interests under Article 17 (3) of the GDPR. Where the cooperation takes place in the framework of dialogue, networking, communication and partnerships, the retention period is up to 15 years from the end of the calendar year in which the processing was completed.

5) Obligation to provide data or consequences of non-provision

The cooperation or dialogue is not possible without this personal data.

6.15 Media relations

Press mailing lists
1) Purpose

The personal data is processed to facilitate the provision of information relevant for the press which has been requested by media representatives (press releases, invitations to events open to the press, and similar information). The Federal Ministry of Labour and Social Affairs also uses the stored data so that it can contact media representatives as part of its wider media relations work (e.g. inviting representatives to press events or arranging interviews).

2) Nature and source of the data

The following personal data is processed:

  • Surname, given name
  • Media outlet
  • Email address (usually the business email address)
  • Telephone number (usually the business number)
  • When an individual is added to certain mailing lists set up by the Ministry (e.g. the background mailing list), the address of the editorial office/publishing company is also requested.

Die personenbezogenen Daten bezieht das BMAS (eigenständig auf Anfrage) direkt von den jeweiligen Journalistinnen sowie Journalisten und/oder unmittelbar von deren Redaktionen. Für Eintragungen in den Presseverteiler werden zudem allgemein zugängliche Quellen (z. B. das Mitgliederverzeichnis der Bundespressekonferenz e.V.) genutzt.

3) Legal basis

The data is processed on the basis of Article 6 (1) (e) of the GDPR in conjunction with section 3 of the Federal Data Protection Act.

4) Recipients

The data is not transferred unless the individual media representatives explicitly give prior consent to the transfer of data.

5) Retention period

The personal data is retained by the Press Division until consent is withdrawn. In addition, this data is erased if it becomes known that a journalist is leaving or is no longer covering the issues falling within the Ministry’s area of responsibility. The data is also erased if, for example, the recipient can no longer be reached for technical reasons.

All of the Ministry’s messages sent to the media contain a note indicating that the recipients can, at any time, make use of their right to object to processing and to obtain the erasure of their personal data from the mailing lists managed by the Ministry’s press office. It is sufficient to simply send an email to presse@bmas.bund.de.

6) Obligation to provide data or consequences of non-provision

The provision of personal data is necessary so that messages can be sent to the media. Without this data, information relevant for the press (e.g. press releases, press invitations and similar information) cannot be sent to media representatives and their editorial offices.

Media enquiries
1) Purpose

The press office of the Federal Ministry of Labour and Social Affairs answers journalists’ enquiries by telephone and in writing. For this purpose, and for the purpose of documentation, it is necessary to collect personal data from the journalists submitting the enquiries.

2) Nature and source of the data

The following data is collected and processed:

  • Surname, given name
  • Media outlet
  • Email address
  • Telephone number
  • All data which the journalists include in their email signature and thus actively make available to the Ministry when submitting written enquiries
  • Where necessary, journalists can be asked to present a copy of their press card.

The Federal Ministry of Labour and Social Affairs receives the personal data solely from the journalists direct in the framework of their enquiries.

3) Legal basis

The data is processed on the basis of Article 6 (1) (e) of the GDPR in conjunction with section 3 of the Federal Data Protection Act.

4) Recipients

Where necessary, the press office consults external third parties in order to answer the enquiry, including, for example, the Federal Employment Agency, pension insurance funds, and other ministries. No particularly sensitive data (Article 9 of the GDPR) is transferred to other organisations unless the media representatives concerned or the data subjects explicitly give prior consent to the transfer of data.

It is necessary to pass on the personal data together with the enquiry in order to check whether similar enquiries have already been received in the past from the media representatives in question, and because the nature and scope of the answer can depend on the individual/outlet submitting the enquiry.

5) Retention period

Incoming media enquiries in electronic and analogue form, and those received by telephone and documented by the Federal Ministry of Labour and Social Affairs, are stored in accordance with the retention periods for records established by the Directive on the Processing and Management of Records in Federal Ministries (Registraturrichtlinie), which supplements the Joint Rules of Procedure of the Federal Ministries (Gemeinsame Geschäftsordnung der Bundesministerien). The retention period is usually ten years from the end of the calendar year in which the response was completed.

6) Obligation to provide data or consequences of non-provision

Enquiries from journalists cannot be answered unless basic personal data is provided.

The Ministry’s press office only answers enquiries from journalists. Journalists may be required to present their press card so that the press office can check that the enquiry is legitimate.

Press events
1) Purpose

To carry out its public tasks, the Federal Ministry of Labour and Social Affairs regularly holds press events (press conferences, background discussions, etc.) with journalists. Personal data is processed for the purpose of attendee management.

Given the current COVID-19 pandemic, the Ministry is required to record the details of those attending in person so that it can take all necessary steps if an attendee tests positive for the SARS-CoV-2 virus following the event in question.

2) Nature and source of the data

The following personal data is processed:

  • Surname, given name
  • Media outlet
  • Email address (usually the business email address)
  • Telephone number (usually the business number)

The data of the journalists invited is usually already contained in the press office’s mailing lists, as it is already needed so the invitations can be sent to the relevant recipients.

In a media outlet’s day-to-day work, invitations are sometimes passed on to journalists on duty, who attend any press events on a stand-in basis. The personal data which the Federal Ministry of Labour and Social Affairs obtains in connection with the registration of the journalists attending on a stand-in basis is not stored automatically. In these cases, too, the data is only stored at the explicit request of the journalists in question.

The attendance lists required by the coronavirus ordinances are filled out by attendees on arrival at press events. Personal contact details may also have to be provided in this context.

3) Legal basis

The data is processed on the basis of Article 6 (1) (e) of the GDPR in conjunction with section 3 of the Federal Data Protection Act and, in the case of attendance documentation (contact tracing), Article 6 (1) (c) in conjunction with the applicable coronavirus ordinances of the federal states of Berlin or North Rhine-Westphalia.

4) Recipients

The service providers who have been tasked by the Federal Ministry of Labour and Social Affairs with carrying out screening at the Ministry’s entrances have access to the data of the registered journalists.

The attendance documentation required by the coronavirus ordinances has to be handed over to the competent local public health offices on their request.

5) Retention period

Attendance documentation is required to be kept at events, in accordance with the Protection Against Infection Act (Infektionsschutzgesetz) in conjunction with the currently applicable Third Ordinance on SARS-CoV-2 Infection Control Measures (Dritte SARS-CoV-2-Infektionsschutzmaßnahmenverordnung) of the state of Berlin. The documentation must be retained for two weeks.

6) Obligation to provide data or consequences of non-provision

The provision of the personal data is necessary for the planning and organisation of the press event in question, and for journalists to be given access to the Ministry’s buildings, and currently, as a result of the COVID-19 pandemic, it is also necessary so that the local public health offices and attendees can be notified if necessary following the event if an attendee tests positive for the SARS-CoV-2 virus.

6.16 Audit tasks

1) Purpose

Personal data is processed so that the Federal Ministry of Labour and Social Affairs can perform its statutory audit tasks and document this process.

The Ministry has statutory audit tasks in relation to the municipal job centres in connection with basic income support for jobseekers, under section 6b (4) of Book II of the Social Code (Sozialgesetzbuch). The Ministry also has statutory audit tasks in relation to the joint institutions, under section 47 (5) of Book II of the Social Code.

2) Nature and source of the data

As part of these tasks undertaken by the Federal Ministry of Labour and Social Affairs, the surname, given name, official contact details, and organisation or institution of the contact persons and persons responsible are usually processed. The Ministry receives this data from the data subjects themselves, or in some cases from the organisations in question.

3) Legal basis

This personal data is processed on the basis of Article 6 (c) of the GDPR in conjunction with section 6b (4) and section 47 (5) of Book II of the Social Code.

4) Recipients

The personal data is processed by staff of the Federal Ministry of Labour and Social Affairs. If it is transferred to external recipients, the data subject will be informed separately about this in the case in question.

5) Retention period

The data retention periods are determined in accordance with the Administrative Regulation for Payments, Bookkeeping and Accounting (VV-ZBR BHO 4.7 and no. 6 of Annex 1), the General Administrative Regulation on Physical Security issued by the Federal Ministry of the Interior (VS-Anweisung), and the guidance issued by the Federal Archives on records management regarding the setting of retention periods for the records of supreme federal authorities in accordance with section 19 of the Directive on the Processing and Management of Records in Federal Ministries (Registraturrichtlinie). The data is erased as soon as the purpose of the data processing ceases to apply, unless the Federal Ministry of Labour and Social Affairs has legitimate interests under Article 17 (3) of the GDPR. The retention period for records in connection with audit activities is ten years from the end of the calendar year in which the processing was completed.

6) Obligation to provide data or consequences of non-provision

The Ministry cannot contact the relevant employees of the public agencies without this personal data, and thus cannot carry out its audit activities.

6.17 Social networks

Public relations activities via social networks constitute data processing in the public interest. The Federal Constitutional Court ruled in 1977 that the Federal Government’s public relations activities are not just constitutionally permissible, but also necessary, as democratic decisions require an informed public. The Court affirmed this in another ruling in 1983, provided that the government communicates its policies objectively, accurately, proportionately and with restraint. Other judgments came to the same conclusion.

Statistical studies show that the way the public consumes media and seeks information is changing. A growing number of population groups obtain less and less information about current affairs from “traditional” information channels, such as newspapers or television channels. Instead, they obtain information from media that operate solely or at least partly online, and above all from social networks. One of the aims pursued by the Federal Ministry of Labour and Social Affairs in its public relations activities is reaching as many population groups as possible and informing them in the framework of its constitutional remit.

The Ministry therefore uses social networks, alongside other essential media channels. This gives the public a range of channels, all upholding the same quality standards, via which they can obtain information about the Ministry’s work and get in touch with the Ministry.

Alternatively, the information offered via these services can also be accessed on the Ministry’s website.

Guidance (in German) on privacy-enhancing user settings on social networks can be accessed on the website of the Federation of German Consumer Organisations at: https://www.verbraucherzentrale.de/wissen/digitale-welt/soziale-netzwerke. Further information (in German) on social networks and how personal data can be protected can also be found on the website of the Federal Office for Information Security (BSI) and atwww.youngdata.de.

1) Purpose

The Federal Ministry of Labour and Social Affairs is active on the following social networks: Facebook, Twitter, Instagram and YouTube.

The operation of the Ministry’s social media profiles is necessary for targeted and balanced public relations activities, personnel recruitment, and the Federal Government’s crisis communication.

In order to perform its tasks on the social networks, the editorial team processes the data of people who actively engage with the Ministry there, for example via comments or messages. The personal data provided also has to be processed for the purpose of reacting to individual communications.

2) Nature and source of the data

The data can consist of profile information (such as name, profile picture, number of followers and number of profiles followed by the data subject), comments, posts, reactions, direct messages, the content of enquiries, and most recent tweets.

The Ministry obtains the personal data directly from the data subjects and their electronic devices. At most, the Ministry receives anonymised statistical data from the social networks’ services.

3) Legal basis

The data is processed on the basis of Article 6 (1) (e) of the GDPR in conjunction with section 3 of the Federal Data Protection Act.

4) Recipients (potentially in third countries)

We expressly draw attention to the fact that social networks also store and process their users’ data. Even if this data processing constitutes an arrangement involving joint controllers under Article 26 of the GDPR, these social networks remain contracting parties and points of contact for users on data protection issues.

Twitter

The Federal Ministry of Labour and Social Affairs uses the technical platform and services of Twitter, Inc.,1355 Market Street, Suite 900, San Francisco, CA 94103, United States.

Information about what data is processed by Twitter and for what purposes it is used can be found in Twitter’s privacy policy. Users also have the option of requesting information via the Twitter privacy policy inquiries form (https://support.twitter.com/forms/privacy) or by downloading their Twitter archive (https://help.twitter.com/en/managing-your-account/how-to-download-your-twitter-archive).

The Ministry draws attention to the fact that users are responsible for their use of the Twitter service and its features. This is particularly true of the interactive features (e.g. retweets, likes). Users should give careful consideration to what personal data they share with the Ministry via Twitter.

The Ministry has no influence over the nature and scope of the data processed by Twitter, the work of processing and using this data, or the transfer of this data to third parties.

The data about users collected in the course of using the service is processed by Twitter Inc. and, in this context, it may be transferred to countries outside the European Union. This data includes the IP address, the app used, information about devices used (including device ID and app ID), information about webpages visited, location and mobile provider. This data is associated with the data of the Twitter account or profile in question.

Information about what data is processed by Twitter and for what purposes it is used can be found in Twitter’s privacy policy: https://twitter.com/privacy; information is also available about ways for users to access their own Twitter data: https://help.twitter.com/en/managing-your-account/accessing-your-twitter-data.

Twitter buttons or widgets embedded on websites and the use of cookies enable Twitter to track visits to these sites and attribute them to the Twitter profile in question. This data can be used to serve tailored content or ads. Information about this and the settings available can be found on the following Twitter support pages:

There are options to limit the processing of personal data in the general settings of a Twitter account, as well as under the “Privacy and safety” heading. In addition, mobile devices (smartphones, tablets) have settings which can be used to restrict Twitter’s access to contact and calendar data, photos, location data, etc. This depends on the operating system, however. Further information on these issues can be found on the following Twitter support page: https://support.twitter.com/articles/105576#.

There are options to limit the processing of personal data in the general settings of a Twitter account, as well as under the “Privacy and safety” heading. In addition, mobile devices (smartphones, tablets) have settings which can be used to restrict Twitter’s access to contact and calendar data, photos, location data, etc. This depends on the operating system, however. Further information on these issues can be found on the following Twitter support page: https://support.twitter.com/articles/105576#.

Guidance (in German) on privacy-enhancing user settings can be accessed on the website of the Federation of German Consumer Organisations at: https://www.verbraucherzentrale.de/wissen/digitale-welt/soziale-netzwerke/sicheres-surfen-in-sozialen-netzwerken-10620.

YouTube

To provide video content, the Federal Ministry of Labour and Social Affairs uses YouTube, which is part of Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland.

The Ministry draws attention to the fact that users are responsible for their use of the YouTube channel and its features.

Information about what data is processed by YouTube and for what purposes it is used can be found in the privacy policy at https://policies.google.com/privacy?hl=de&gl=de#infocollect.

In particular, Google processes the content which users create, upload or receive from others when using its services. This includes, for example, photos and videos, documents, spreadsheets, and comments on YouTube videos. Google also analyses shared content to determine the user’s interests, and location data in the form of GPS data, information about Wi-Fi networks or the IP address, in order to serve ads or other content to users.

In some cases, information is transferred to the parent company Google Inc., which is based in the United States, to other Google companies, and to Google’s external partners, which may be located outside the European Union. In this context, Google relies on the standard contractual clauses issued by the European Commission and the adequacy decisions adopted by the European Commission regarding certain countries. More detailed information about the transfer of data can be found at the following link: https://policies.google.com/privacy?hl=en#infosharing

In certain circumstances, Google analyses data using analytics tools, such as Google Analytics. Should Google use tools of this kind in connection with the YouTube channel, the Ministry has neither requested this nor provided any kind of support. The personal data collected in the course of this analysis is not made available to the Ministry. The Ministry’s account only enables it to view subscribers’ profiles.

There are options to limit the processing of this data in the general settings of the user’s Google account. In addition to these tools, Google also offers specific privacy settings for YouTube. Users can read more about this in the Google Product Privacy Guide published by Google: https://policies.google.com/technologies/product-privacy?hl=en&gl=en. Further information on these issues can be found in Google’s privacy policy under the heading “Your privacy controls”: https://policies.google.com/privacy?hl=en&gl=en#infochoices. Information can also be requested via Google’s privacy policy form.

Facebook

To provide its information service on Facebook, the Federal Ministry of Labour and Social Affairs uses the technical platform and services of Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.

The Ministry draws attention to the fact that users are responsible for their use of this Facebook page and its features. This is particularly true of the interactive features (e.g. comments, sharing, reactions). Users should carefully consider what personal data they share with the Ministry via the Facebook page.

The Data Policy is available at the following address: facebook.com, “Privacy”, “Cookies” and “Ad choices”.

When users visit the Ministry’s Facebook page, Facebook records, among other things, the IP address and other information from cookies stored on the user’s device. This information is used to give the Federal Ministry of Labour and Social Affairs solely statistical information about the use of its Facebook page. Facebook provides more details about this at the following link: http://facebook.com/help/pages/insights. As the provider of the information service, the Ministry does not collect or process any other data from the use of the service.

How Facebook uses the data from visits to Facebook pages for its own purposes, to what extent activities on the Facebook page can be attributed to individual users, how long Facebook retains this data, and whether data from visiting the Facebook page is transferred to third parties is not definitively and clearly specified by Facebook, and the Federal Ministry of Labour and Social Affairs has no information on this subject.

It can be assumed that the data collected is processed by Facebook Ltd. and, in this context, it may be transferred to countries outside the European Union. Facebook provides a general description in its Data Policy of what information it receives and how it uses this data. The Data Policy also includes information about ways of contacting Facebook and about settings for ads.

When users visit a Facebook page, the IP address of the device is transmitted to Facebook. According to Facebook, this IP address is anonymised (in the case of “German” IP addresses). Facebook also stores information about its users’ devices (e.g. as part of the “login notifications” feature); Facebook may thus be able to attribute IP addresses to individual users.

Facebook itself states that it stores data until it is no longer necessary to provide its services and Facebook products, or until the user’s account is deleted, whichever comes first. This is a case-by-case determination that depends on things like the nature of the data, why it is collected and processed, and relevant legal or operational retention needs. Further information about data retention can be found at: https://facebook.com/about/privacy.

When users are logged into Facebook, a cookie containing their individual Facebook identifier is stored on their device. This enables Facebook to track visits to this page and how it is used. The same is true of all other Facebook pages. Facebook buttons embedded on websites allow Facebook to track visits to these websites and attribute them to the Facebook profile in question. This data can be used to serve tailored content or ads.

Users who wish to avoid this should log out of Facebook or turn off the “stay logged in” feature, clear the cookies on their device, and close and restart their browser. Doing so erases Facebook information which can be used to directly identify the user. This enables people to use the Facebook page of the Federal Ministry of Labour and Social Affairs without revealing their Facebook identifier. Accessing interactive features on the page (like, comment, share, messaging, etc.) causes a Facebook log-in screen to appear. Once users have logged in, they are once again identifiable to Facebook as specific users. Information on how the existing data can be managed or erased can be found on the following Facebook support page: https://facebook.com/about/privacy.

Facebook processes a variety of personal data about page visitors for its own purposes in the framework of what it calls “Page Insights”. This processing takes place irrespective of whether or not page visitors are logged into Facebook, and whether or not they have a Facebook account. Users who visit Facebook pages without being registered with or logged into Facebook still have the option to influence the scope of data processing via the cookie banner shown by Facebook. More detailed information about Facebook cookies can be found at: https://www.facebook.com/policies/cookies/.

Page Insights are aggregated statistics that are created from certain events logged by Facebook servers when people interact with pages and the content associated with them. Page admins do not have access to the personal data processed as part of events but only to the aggregated, anonymised Page Insights. More detailed information can be found at: https://www.facebook.com/legal/terms/page_controller_addendum

Facebook has agreed to answer requests from data subjects in accordance with its obligations under the Page Insights Addendum (which is available at https://www.facebook.com/legal/terms/page_controller_addendum). Facebook provides further information about the rights of data subjects here: https://www.facebook.com/help/2069235856423257.

Requests from users relating to data processing when visiting a Facebook page are forwarded to Facebook by the Federal Ministry of Labour and Social Affairs in accordance with the Page Insights Addendum. Users can learn more about the rights of data subjects at the following link: https://facebook.com/about/privacy.

Instagram

The Federal Ministry of Labour and Social Affairs uses the Instagram service. Instagram is an online service for sharing photos and videos, and is owned by Meta, formerly Facebook. To provide its information service on this platform, the Ministry uses the technical platform and services of Facebook Ireland Ltd., 4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland.

The Ministry draws attention to the fact that users are responsible for their use of the Instagram service and its features. This is particularly true of the interactive features (e.g. sharing, liking). Users should give careful consideration to what personal data they share via the Ministry’s Instagram page.

Information about what data is processed by Instagram and for what purposes this data is used can be found in Instagram’s Data Policy: Instagram Data Policy | Instagram Help Centre.

When users visit the Ministry’s Instagram page, Facebook records, among other things, IP addresses and other information from cookies stored on the user’s device. This information is used to provide the Ministry, as the admin of the Instagram page, with anonymised statistical information about the use of the Instagram page. The Data Policy is available at the following link: https://help.instagram.com/519522125107875 . The full Terms of Use of the Instagram service can be found here: https://help.instagram.com/581066165581870/?helpref=hc_fnav.

Facebook provides information about the use of cookies in the Cookies Policy for the Instagram service: https://help.instagram.com/1896641480634370/?helpref=hc_fnav.

The Federal Ministry of Labour and Social Affairs draws attention to the fact that the cookies used enable Facebook Ireland to track user behaviour (across devices, in the case of logged-in users) even beyond the Instagram service, on other websites. This applies to data subjects irrespective of whether or not they are registered with the Instagram service.

Facebook itself states that it stores data until it is no longer necessary to provide its services and Facebook products, or until the user’s account is deleted, whichever comes first. This is a case-by-case determination that depends on things like the nature of the data, why it is collected and processed, and relevant legal or operational retention needs. More detailed information about data retention can be found at: https://facebook.com/about/privacy.

Facebook processes a variety of personal data about page visitors for its own purposes in the framework of what it calls “Insights”. This processing takes place irrespective of whether or not page visitors are logged into Facebook or Instagram, and whether or not they have a Facebook or Instagram account. Users who visit Instagram pages without being registered with or logged into Instagram still have the option to influence the scope of data processing via the cookie banner shown by Facebook. More detailed information about Facebook cookies can be found at: https://www.facebook.com/policies/cookies/

Instagram Insights are aggregated, anonymised statistics. Page admins do not have access to the personal data processed in this context but only to the aggregated, anonymised Insights. More detailed information can be found at: https://www.facebook.com/help/instagram/788388387972460

Facebook Ireland is required to respond to requests from data subjects. Facebook provides further information about the rights of data subjects here: https://www.facebook.com/help/2069235856423257

Requests from users relating to data processing when visiting an Instagram page which fall within the sole responsibility of Facebook Ireland are forwarded to Facebook Ireland by the Federal Ministry of Labour and Social Affairs. Users can contact Facebook’s Data Protection Officer themselves at the following link: https://www.facebook.com/help/contact/540977946302970

Facebook also provides information about privacy-enhancing profile settings for Instagram profiles: https://help.instagram.com/811572406418223/?helpref=hc_fnav

5) Retention period

The personal data will be erased, to the extent that this is within the Ministry’s power, when the Ministry stops offering information services on these social network sites. If this data is retained beyond this point by the individual social network services, this is based solely on the provisions in their data policies and terms of use.

6) Obligation to provide data or consequences of non-provision

There is no obligation to provide this data.

Members of the public who use these platforms to submit requests to the Ministry are notified that individual personal requests are only processed and answered with reference to the individual case via the Ministry’s usual contact methods.

6.18 Procurement procedures

1) Purpose

Personal data is necessary for the management of procurement procedures, especially in the context of examining requests to participate, examining and assessing tenders, communication (for example answering queries from candidates/tenderers, responding to tender presentations, negotiations, letters to successful and unsuccessful candidates/tenderers), documentation, archiving, and the performance and processing of the contracts concluded as part of the procurement procedure.

2) Nature and source of the data

As part of the procurement procedure, the Federal Ministry of Labour and Social Affairs usually processes the surname, given name, contact details, and organisation or institution, but in some cases it also processes data relating to professional activity, initial and continuing training, suitability and permission to pursue the professional activity, references, and data relating to certain criminal offences or administrative offences defined in sections 123 and 124 of the Act against Restraints of Competition (Gesetz gegen Wettbewerbsbeschränkungen). The Federal Ministry of Labour and Social Affairs receives this data in some cases from the data subjects themselves or from the individual candidates/tenderers, or from the registration authority.

3) Legal basis

The legal bases for this data processing are Article 6 (1) (b) and (c) and Article 6 (1) (e) of the GDPR in conjunction with section 3 of the Federal Data Protection Act, as well as section 8 of the Ordinance on the Award of Public Contracts (Verordnung über die Vergabe öffentlicher Aufträge) and section 6 of the Rules of Procedure Governing Supply and Service Contracts Below the EU Thresholds (Unterschwellenvergabeordnung) specifically as regards the documentation of personal data in the individual report.

4) Recipients

The Ministry is required to publish some data about awarded contracts, including data about the successful tenderer, in accordance with the provisions of procurement law, and/or to transmit it to unsuccessful candidates and tenderers. In addition, data is transferred in some cases to public procurement tribunals, Higher Regional Courts and persons commissioned by the Ministry, e.g. lawyers.

In some cases, procurement procedures are managed electronically via the federal e procurement platform, which is hosted by the Federal Information Technology Centre.

5) Retention period

The data retention periods are determined in accordance with the Administrative Regulation for Payments, Bookkeeping and Accounting (VV-ZBR BHO 4.7 and no. 6 of Annex 1), the General Administrative Regulation on Physical Security issued by the Federal Ministry of the Interior (VS-Anweisung), and the guidance issued by the Federal Archives on records management regarding the setting of retention periods for the records of supreme federal authorities in accordance with section 19 of the Directive on the Processing and Management of Records in Federal Ministries (Registraturrichtlinie). Personal data is retained as long as is necessary as part of the procurement procedure (including its documentation), for the purpose of the performance and processing of the contract, and for the purpose of complying with contractual and/or statutory obligations. In the case of documents connected with procurement procedures, the retention period is 20 years from the end of the calendar year in which the processing was completed.

6) Obligation to provide data or consequences of non-provision

The provision of data (including personal data) is necessary in some cases for the management of the procurement procedure and the processing of the contract. Where this is the case, non-provision of this data may have implications under procurement law or contract law.

6.19 Web conferencing

1) Purpose

The personal data is processed for the purpose of web conferencing (with audio and video).

2) Nature and source of the data

The following data is processed to facilitate the virtual discussion format:

  • User information: Usually the user’s name and institution, where applicable (as well as any hearing or sight impairment, as part of efforts to ensure accessibility)
  • Technical data: IP address, browser information, specification of the device, camera and microphone; in addition, personal data which is collected and processed in the course of the video conference (video image of the participants’ faces, participants’ voices, information provided about participants and other people during the video conference)

In principle, no video or audio recording is made of virtual conferences. By way of exception, a recording may be made of a purely technical discussion (in which no information is provided about third parties not in attendance). In this case, the Federal Ministry of Labour and Social Affairs will obtain separate consent from all participants in advance of the virtual discussion in question.

The Ministry obtains the personal data directly from the participants and, where applicable, from their electronic devices.

3) Recipients

Holding virtual discussion formats requires the processing of some personal data by the provider of the software and cloud system. This processing takes place on the basis of a contract for processing by a processor under Article 28 of the GDPR. Where the data is processed in a third country outside the EU, the provider has a duty to ensure an adequate level of protection (e.g. adoption of the EU standard contractual clauses), or the processing and transfer takes place on the basis of consent under Article 49 (1) (a) of the GDPR. Confidentiality is ensured by the encryption between the user’s device and the virtual meeting room, and a meeting PIN, at a minimum.


Die Verarbeitung zur Durchführung der Webkonferenzen erfolgt auf Grundlage von Art. 6 Abs. 1 e) DSGVO i. V. m. § 3 BDSG. Die Aufzeichnung einer rein fachlichen Webkonferenz sowie ausnahmsweise die Veröffentlichung von Auszügen davon erfolgt aufgrund einer separaten Einwilligung gemäß Art. 6 Abs. 1 a) i. V. m. Art. 7 DSGVO.

4) Legal basis

The processing of personal data for the purpose of web conferencing takes place on the basis of Article 6 (1) (e) of the GDPR in conjunction with section 3 of the Federal Data Protection Act. The recording of a purely technical discussion and, by way of exception, the publication of excerpts from it takes place on the basis of separate consent in accordance with Article 6 (1) (a) in conjunction with Article 7 of the GDPR.

5) Retention period

The data is erased as soon as the purpose of the data processing ceases to apply, unless the Federal Ministry of Labour and Social Affairs has legitimate interests under Article 17 (3) of the GDPR, or retention obligations exist on IT security grounds.

6) Obligation to provide data or consequences of non-provision

Basic personal data and personally identifiable technical data needs to be provided for web conferencing to take place. A virtual discussion is not possible without this data.

6.20 Cooperation with service providers (including invoice processing)

1) Purpose

The Federal Ministry of Labour and Social Affairs engages external service providers to perform various tasks (e.g. cleaning, event management, caretaker services, security services, Federal Office of Administration, Federal Information Technology Centre, etc.). The processing of personal data is necessary for the implementation of contractual relations or the fulfilment of contractual obligations, or on security grounds when the staff of these service providers are to be given access to the Ministry’s properties.

In the context of the processing of invoice data, personal data is processed by the Federal Ministry of Labour and Social Affairs solely for the purpose of processing the invoices in accordance with the applicable provisions on financial management and to document compliance with these provisions.

2) Nature and source of the data

In the framework of cooperation with external service providers and the processing of incoming invoices, the Federal Ministry of Labour and Social Affairs usually processes the surname, given name, (primarily) official contact details, and organisation or institution of the persons responsible and contact persons. These can be business owners or their employees. In addition, mandatory information under tax law is processed in the context of processing invoices.

To allow Ministry passes to be issued – where this is necessary for the service to be performed – the Ministry also processes the individual’s date of birth and potentially their length of service with the organisation or institution.

Where it is necessary to obtain unrestricted information from the Federal Central Criminal Register (criminal record check), the Federal Ministry of Labour and Social Affairs additionally processes, via its Document Security Officer, the individual’s name at birth, date of birth, place of birth, nationality and address, as well as any entry which may exist in the register.

Staff of external service providers who work at the Ministry for long periods of time may be subject to security clearance checks in accordance with the Security Clearance Check Act (Sicherheitsüberprüfungsgesetz), irrespective of the area in which they work. The personal data to be provided for this purpose in the security questionnaire is specified in section 13 of the Security Clearance Check Act.

The Ministry receives this data in some cases from the data subjects themselves, or from the service provider in question, or from the individual or entity submitting the invoice.

3) Legal basis

The data is processed on the basis of Article 6 (1) (b) of the GDPR in conjunction with section 278 of the Civil Code (Bürgerliches Gesetzbuch) (parties employed in performing an obligation), or on the basis of Article 6 (1) (c) of the GDPR in conjunction with section 90 of the Federal Budget Code (Bundeshaushaltsordnung) and Article 6 (e) of the GDPR in conjunction with section 3 of the Federal Data Protection Act.

4)  Recipients

For the purpose of transferring the invoiced amount, the payee’s name, bank details and the purpose of payment are transmitted to the Federal Cash Office and the Bundesbank. In the case of e-invoices, data is additionally processed by the service provider tasked by the Ministry, the Federal Information Technology Centre. That aside, data is only transferred to third parties in individual cases, and solely for the purpose of checking the invoice, with the data being transferred to other federal authorities, such as the Bundesrechnungshof (Germany’s Supreme Audit Institution), or to auditors, accountants, specialist designers, architects and similar service providers commissioned or contractually engaged by the Federal Ministry of Labour and Social Affairs.

Where Ministry passes are issued, the personal data is transferred to the Bundesdruckerei, which is tasked with producing the passes.

Where criminal record checks are carried out, the personal data is transferred to the Federal Office of Justice.

5) Retention period

The data retention periods are determined in accordance with the Administrative Regulation for Payments, Bookkeeping and Accounting (VV-ZBR BHO 4.7 and no. 6 of Annex 1), the General Administrative Regulation on Physical Security issued by the Federal Ministry of the Interior (VS-Anweisung), and the guidance issued by the Federal Archives on records management regarding the setting of retention periods for the records of supreme federal authorities in accordance with section 19 of the Directive on the Processing and Management of Records in Federal Ministries (Registraturrichtlinie).

The data is erased as soon as the purpose of the data processing ceases to apply (e.g. if the service ends, or if the staff member ceases to be employed by the service provider), unless the Federal Ministry of Labour and Social Affairs is subject to special retention periods (defined in budgetary law, for example) or the Ministry has legitimate interests under Article 17 (3) of the GDPR.

In the case of contract-related data, the retention period is 20 years from the end of the calendar year in which the processing was completed, while in the case of data relating to management of the Ministry’s properties, the retention period reflects the duration of the period of activity or the period of validity of the Ministry pass.

Invoice-related data is usually retained by the Federal Ministry of Labour and Social Affairs for five years in accordance with no. 4.7 of the Administrative Regulation for Payments, Bookkeeping and Accounting (invoicing and invoice data). In individual cases, the archival period may have to be extended due to individual provisions concerning the service.

6) Obligation to provide data or consequences of non-provision

Unless this data is provided, the Ministry cannot cooperate smoothly with the service providers in question, or the data subjects cannot be given access to the Ministry’s properties. The provision of personal contact details is also necessary for the proper implementation of contacts and processing of invoices.

6.21 Cooperation with European and international institutions and organisations

1) Purpose

The Federal Ministry of Labour and Social Affairs has many public tasks. These tasks include cooperation with European or international public or private institutions and organisations (such as the European Commission, the International Labour Organization, International Organization for Standardization committees, the European Trade Union Confederation, the International Trade Union Confederation, BusinessEurope, CEEMET).

2) Nature and source of the data

As part of these public tasks undertaken by the Federal Ministry of Labour and Social Affairs, the surname, given name, academic title, official contact details, and organisation or institution of the persons responsible and contact persons are usually processed. The Ministry receives this data from the data subjects themselves in some cases, or from the organisations in question, or obtains it from public directories.

3) Legal basis

The data is processed on the basis of Article 6 (1) (a) and (e) of the GDPR in conjunction with Article 9 (1) (a) of the GDPR and section 3 of the Federal Data Protection Act.

4) Recipients (potentially in third countries)

The personal data is processed by staff of the Federal Ministry of Labour and Social Affairs. If it is transferred to external recipients, the data subject will be informed separately about this in the case in question.

In the framework of this European and international cooperation, it may also be necessary to transfer personal data to third countries (Article 49 (1) (d) of the GDPR) where an adequate level of data protection is not ensured.

5) Retention period

The data retention periods are determined in accordance with the Administrative Regulation for Payments, Bookkeeping and Accounting (VV-ZBR BHO 4.7 and no. 6 of Annex 1), the General Administrative Regulation on Physical Security issued by the Federal Ministry of the Interior (VS-Anweisung), and the guidance issued by the Federal Archives on records management regarding the setting of retention periods for the records of supreme federal authorities in accordance with section 19 of the Directive on the Processing and Management of Records in Federal Ministries (Registraturrichtlinie). The data is erased as soon as the purpose of the data processing ceases to apply, unless the Federal Ministry of Labour and Social Affairs has legitimate interests under Article 17 (3) of the GDPR. Where the cooperation takes place in the framework of dialogue, networking, communication and partnerships, the retention period is up to 15 years from the end of the calendar year in which the processing was completed.

6) Obligation to provide data or consequences of non-provision

The cooperation or dialogue is not possible without this personal data.