INFORMATION REGARDING THE MANAGEMENT OF THE DATA OF NATURAL PERSONS BY THE COMPANY AND THE RIGHTS OF THE PERSONS CONCERNED
Contents
- INTRODUCTION
- I. CHAPTER - NAME OF THE DATA PROCESSOR
- II. CHAPTER - NAME OF DATA PROCESSORS
- III. CHAPTER - INFORMATION ABOUT INDIVIDUAL DATA MANAGEMENT
- IV. CHAPTER - VISITORS' DATA MANAGEMENT ON THE COMPANY'S WEBSITE - INFORMATION ON THE USE OF COOKIES
- V. CHAPTER - INFORMATION ON THE RIGHTS OF THE PERSON CONCERNED
This General Data Management Notice (hereinafter: Notice) covers the rights of CoreTechs Solutions Kft. (hereinafter: Service Provider) and the Customer (hereinafter: Customer) using the electronic information interface provided by the Service Provider via the coretechs.hu website (hereinafter: website) and includes its obligations (Service Provider and Customer, hereinafter collectively: Parties). The Notice applies to all legal transactions and services that take place via the coretechs.hu website.
INTRODUCTION
AREGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the protection of natural persons with regard to the processing of personal data and on the free flow of such data, as well as on the repeal of Regulation 95/46/EC (hereinafter: Regulation), stipulates, that the Data Controller takes appropriate measures in order to provide the data subject with all information related to the processing of personal data in a concise, transparent, understandable and easily accessible form, clearly and comprehensibly formulated, and that the Data Controller facilitates the exercise of the rights of the data subject.
CXII of 2011. is also required by law.
We comply with this legal obligation by providing the information below.
The information must be published on the company's website or sent to the person concerned upon request.
I. CHAPTER - NAME OF THE DATA PROCESSOR
1. The publisher of this information, also the Data Controller:
- Company name: CoreTechs Solutions Kft.
- Headquarters: Magyarürögi Street 33, 7634 Pécs.
- Location: -
- Company registration number: 02-09-085309
- Tax number: 28763002-2-02
- Website: coretechs.hu
- Email address: [email protected]
- Phone number: +36 30 324 6124
- Representative's name: Attila Péntek
(hereinafter: Company or Data Controller)
II. CHAPTER NAME OF DATA PROCESSORS
Data processor: the natural or legal person, public authority, agency or any other body that processes personal data on behalf of the data controller; (Article 4, 8 of the Regulation)
The use of the data processor does not require the prior consent of the data subject, but information is required. Accordingly, we provide the following information:
2. Data processors of our company
2.1. Our company's IT service provider
For the maintenance and management of its website, our company uses a data processor who provides IT services (hosting services) and within this framework - for the duration of our contract with him - manages the personal data provided on the website, the operation performed by him is the storage of personal data on the server.
IT PROVIDER DATA PROCESSOR NAME:
- Company name: Contabo GmbH.
- Headquarters: Németország 81549 München, Aschauer utca 32a
- Location: -
- Company registration number: HRB 180722
- Tax number: DE267602842
- Website: contabo.com
- Email address: [email protected]
- Phone number: +49 89 3564717 71
- Representative name: Dr. Christian Böing és Thomas Schimmel
2.2. Name of accounting, taxation, payroll data processor
- Company name: PA-VI Audit Bt.
- Headquarters: 7622 Pécs, Móricz Zsigmond tér 1, 3rd floor 29
- Location: -
- Company registration number: 02-06-074605
- Tax number: 26098360-2-02
- Website: -
- Email address: [email protected]
- Phone number: 72/739-677
- Name of representative: Burján Pál
III. CHAPTER INFORMATION ABOUT CERTAIN DATA PROCESSES
3. Information on data management based on the consent of the data subject
3.1. If the Company wishes to perform consent-based data management, the data subject's consent to the processing of his personal data must be requested with the content and information of the data request form specified in the data management regulations.
3.2. Consent is also considered if the data subject ticks a relevant box when viewing the Company's website, makes relevant technical settings when using services related to the information society, as well as any other statement or action that, in the given context, constitutes the data subject's consent. clearly indicates the planned handling of your personal data. Silence, a pre-ticked box or inaction therefore does not constitute consent.
3.3. Consent covers all data processing activities carried out for the same purpose or purposes. If the data management serves several purposes at the same time, then consent must be given for all data management purposes.
3.4. If the data subject gives his consent in the context of a written statement that also applies to other matters - e.g. the conclusion of a sales or service contract - the request for consent must be submitted in a way that is clearly distinguishable from these other matters, in an understandable and easily accessible form, with clear and simple language. Any part of such a statement containing the consent of the data subject that violates the Regulation is not binding.
3.5. The Company may not make the conclusion or performance of a contract subject to consent to the processing of personal data that is not necessary for the performance of the contract.
3.6. Withdrawal of consent should be possible in the same simple way as giving it.
3.7. If the personal data was collected with the consent of the data subject, the data controller may, unless otherwise provided by law, process the collected data for the purpose of fulfilling the relevant legal obligation without further separate consent, and also after the withdrawal of the consent of the data subject.
4. Information on the management of customer data, contractual partners and contact persons
4.1. The Company handles the name, birth name, time of birth, mother's name, address, tax identification number, tax number, entrepreneur's and original producer's ID card number of the natural person contracted with it as a buyer or supplier for the purpose of concluding, fulfilling, terminating the contract, and providing contractual benefits. identity card number, residential address, address of headquarters, location, telephone number, e-mail address, website address, bank account number, customer number (customer number, order number), online identifier (list of customers, suppliers, main purchase lists), This data processing is considered lawful even if, if the data management is necessary to take steps at the request of the data subject prior to the conclusion of the contract. Recipients of personal data: the Company's employees performing tasks related to customer service, employees performing accounting and taxation tasks, and data processors. Duration of storage of personal data: 5 years after termination of the contract.
4.2. The legal basis for processing the data of the natural person provided in the contract for accounting and tax purposes is the fulfillment of a legal obligation, in this case the duration of data storage is 8 years.
4.3. The Company handles the personal data provided in the contract, as well as the address, e-mail address and telephone number, online identifier of the natural person acting on behalf of the legal entity contracting with it, the exercise of the rights and obligations arising from the contract, and contact under the legal title of legitimate interest. The storage period for this data is 5 years after the termination of the contract. In the case of data processing based on legitimate interests, the data subject has a priority right to object to data processing.
4.4. The Company treats the name, address, telephone number, e-mail address, and online identifier of the natural person designated as a contact person in the contract concluded with it as a legitimate interest for the purpose of maintaining contact and exercising the rights and obligations arising from the contract, taking into account that the contact person is the contracting party is in a legal relationship aimed at employment, so this data management does not adversely affect the rights of the data subject. The contracting party declares that it has informed the contact person concerned about the data management related to the quality of the contact person. The duration of the storage of this data is 5 years after the existence of the contact quality.
4.5. Recipients of personal data for all stakeholders: the Company's executive, its employees performing tasks related to customer service, its contacts, its employees performing accounting and taxation tasks, and its data processors.
4.6. Personal data may be transferred for data processing to the accounting office commissioned by the company for the purposes of taxation and bookkeeping, to the Magyar Posta for postal delivery, or to the commissioned courier service, to the company's asset protection agent for asset protection.
4.7. Data processing is considered lawful if it is necessary in the context of a contract or intention to enter into a contract (Preamble 44.) if it is necessary to take steps at the request of the data subject prior to the conclusion of the contract (Article 6 (1) b./). Thus, personal data collected in the context of contract offers can also be processed under the legal title of contract performance as written in this point. When making an offer or accepting a bet, the Company is obliged to inform the offerer and the recipient of the offer.
5. Information on data management based on the fulfillment of a legal obligation
5.1. In the case of data management based on legal obligations, the scope of data that can be handled, the purpose of data management, the duration of data storage, and the recipients are governed by the provisions of the underlying legislation.
5.2. Data management based on the legal title of fulfilling a legal obligation is independent of the data subject's consent, as data management is defined by law. In this case, before data processing begins, the data subject must be informed that data processing is mandatory, and the data subject must be informed clearly and in detail about all the facts related to the processing of his/her data, in particular the purpose and legal basis of data processing, the person authorized for data processing and data processing, on the duration of the data management, on whether the personal data of the data subject is managed by the data controller based on the relevant legal obligation, and on who can see the data. The information must also cover the data subject's rights and legal remedies. In the case of mandatory data management, the information can also be provided by publishing a reference to the legal provisions containing the above information.
6. Information on data processing for the purpose of fulfilling tax and accounting obligations
6.1. The Company handles the legally defined data of natural persons entering into a business relationship with it as a customer or supplier for the purpose of fulfilling legal obligations, tax and accounting obligations prescribed by law (bookkeeping, taxation). The processed data is in accordance with CXXVII of 2017 on general sales tax. TV. § 169 and § 202 in particular: tax number, name, address, tax status, pursuant to § 167 of Act C of 2000 on accounting: name, address, designation of the person or organization ordering the business transaction , the signature of the voucher issuer and the person certifying the implementation of the provision, as well as the inspector, depending on the organization; the signature of the receiver on the inventory movement receipts and money management receipts, and the payer's signature on the receipts, CXVII of 1995 on personal income tax. based on the law: entrepreneur ID number, primary producer ID number, tax identification number.
6.2. Data management related to driving records and waybills: the Company manages the legally defined data of the use of the company's and the employee's own vehicle used for official and business purposes (name of the driver, type of vehicle, registration number, travel date, purpose, route taken, name of business partner visited). The relevant legislation 1995:CXVII. TV. (Szja tv.) § 27/2/, Appendix 3, point 6 and Appendix 5, point 7.
6.3. The period of storage of personal data is 8 years after the termination of the legal relationship providing the legal basis.
6.4. Recipients of personal data: the Company's employees and data processors performing tax, accounting, payroll, and social security tasks.
7. information on payer data management
7.1. The Company processes the personal data of those concerned - employees, their family members, employees, recipients of other benefits - as required by tax laws for the purpose of fulfilling legal obligations, for the purpose of fulfilling tax and contribution obligations prescribed by law (tax, advance tax, assessment of contributions, payroll, social security, pension administration) payers (2017:CL. Act on the Taxation System (Art.) 7.§ 31.) is related. The scope of the processed data is determined by § 50 of Art., highlighting separately: the natural person's natural personal identification data (including the previous name and title), gender, citizenship, the natural person's tax identification number, social security identification number (Social security number). If the tax laws attach legal consequences to this, the Company may process the employees' health (Szja tv.§ 40.) and trade union (Szja tv. § 47.(2) b./) data for the purpose of fulfilling tax and contribution obligations (payroll, social security administration).
7.2. The period of storage of personal data is 8 years after the termination of the legal relationship providing the legal basis.
7.3. Recipients of personal data: the Company's employees and data processors performing tax, payroll, social security (paying) tasks.
8. Information on data management for documents of permanent value according to the Archives Act
8.1. The fulfillment of the Company's legal obligations is governed by Act LXVI of 1995 on public records, public archives and the protection of private archive material. Act (Archives Act), with the aim of ensuring that the permanent part of the Company's archival material remains intact and usable for future generations. Time of data storage: until transfer to the public archive.
8.2. Recipients of the personal data: the head of the Company, its employee performing document management and archiving, the employee of the public archive.
9. Promoting the rights of the data subject
During all data management, the Company is obliged to ensure the exercise of the rights of the data subject.
IV. CHAPTER VISITORS' DATA MANAGEMENT ON THE COMPANY'S WEBSITE - INFORMATION ON THE USE OF COOKIES
10. General information about cookies
10.1. Website visitors must be informed about the use of cookies on the website, and their consent must be requested.
10.2. A cookie is data that the visited website sends to the visitor's browser (in the form of a variable name and value) so that it can store it and later the same website can load its content. Cookies can be valid, they can be valid until the browser is closed, or for an unlimited time. In the future, the browser also sends this data to the server for every HTTP(S) request. This modifies the data on the user's machine.
10.3. The essence of the cookie is that, due to the nature of the website services, it is necessary to mark a user (e.g. that he has entered the page) and to manage accordingly in the following. The danger lies in the fact that the user is not always aware of this and it may be suitable for the user to be followed by the operator of the website or another service provider whose content is integrated into the page (e.g. Facebook, Google Analytics), thereby creating a profile about him, and in this case the content of the cookie can be considered personal data.
10.4. Types of cookies:
- 10.4.1. Session cookies are technically absolutely necessary: without them, the site would simply not work functionally, they are used to identify the user, e.g. necessary to manage whether you entered, what you put in the basket, etc. This is typically the storage of a session ID, the rest of the data is stored on the server, which is therefore more secure. There is a security aspect, if the value of the session cookie is not generated well, there is a risk of a session-hijacking attack, so it is absolutely necessary that these values are generated correctly. Other terminologies call all cookies that are deleted when you exit the browser a session cookie (a session is a browser usage from start to exit).
- 10.4.2. Usage-facilitating cookies: this is what you call cookies that remember the user's choices, for example in what form the user wants to see the page. These types of cookies essentially mean the setting data stored in the cookie.
- 10.4.3. Performance cookies: although they have little to do with "performance", cookies that collect information about the user's behavior, time spent, and clicks on the visited website are usually called this. These are typically third-party applications (e.g. Google Analytics, AdWords, or Yandex.ru cookies). These are suitable for profiling the visitor. You can find information about Google Analytics cookies here: https://developers.google.com/analytics/devguides/collection/analyticsjs/cookie-usage You can find information about Google AdWords cookies here: https://support.google.com/adwords/answer/2407785?hl=en
10.5. Accepting and authorizing the use of cookies is not mandatory. You can reset your browser settings to reject all cookies or to notify you when a cookie is currently being sent. Although most browsers automatically accept cookies by default, they can usually be changed to prevent automatic acceptance and offer a choice each time.
10.6. Accepting and authorizing the use of cookies is not mandatory. You can reset your browser settings to reject all cookies or to notify you when a cookie is currently being sent. Although most browsers automatically accept cookies by default, they can usually be changed to prevent automatic acceptance and offer a choice each time.
10.7. You can find information about the cookie settings of the most popular browsers at the following links:
- Google Chrome: https://support.google.com/accounts/answer/61416?hl=en
- Firefox: https://support.mozilla.org/hu/kb/sutik-engedelyezese-es-tiltasa-amit-weboldak-haszn
- Microsoft Internet Explorer 11: http://windows.microsoft.com/hu-hu/internet-explorer/delete-manage-cookies#ie=ie-11
- Microsoft Internet Explorer 10: http://windows.microsoft.com/hu-hu/internet-explorer/delete-manage-cookies#ie=ie-10-win-7
- Microsoft Internet Explorer 9: http://windows.microsoft.com/hu-hu/internet-explorer/delete-manage-cookies#ie=ie-9
- Microsoft Edge: http://windows.microsoft.com/hu-hu/windows-10/edge-privacy-faq
- Safari: https://support.apple.com/hu-hu/HT201265
However, we would like to point out that certain website functions or services may not function properly without cookies.
11. Information about the cookies used on the Company's website and the data generated during the visit
11.1. The scope of data managed during the visit: During the use of the website, our company's website can record and manage the following data about the visitor and the device used for browsing:
- the IP address used by the visitor,
- browser type,
- characteristics of the operating system of the device used for browsing (set language),
- date of visit,
- the (sub)page, function or service visited.
- click.
We keep this data for a maximum of 90 days and can primarily be used to investigate security incidents.
11.2. Cookies used on the website.
11.2.1. Session cookies are technically essential
The purpose of data management is to ensure the proper functioning of the website. These cookies are necessary so that visitors can browse the website, use its functions smoothly and fully, the services available through the website, so - among others - in particular the commenting of the actions performed by the visitor on the given pages or the identification of the logged-in user during a visit . The duration of the data management of these cookies applies only to the visitor's current visit, this type of cookie is automatically deleted from the computer when the session ends or when the browser is closed.
The legal basis for this data management is Act CVIII of 2001 on certain issues of electronic commercial services and information society services. Act (Elkertv.) 13/A. § (3), according to which the service provider may process the personal data that is technically absolutely necessary for the provision of the service for the purpose of providing the service. If the other conditions are the same, the service provider must choose and in any case operate the tools used in the provision of services related to the information society in such a way that personal data is only processed if this is absolutely necessary for the provision of the service and the fulfillment of other objectives defined in this law necessary, but also in this case only to the extent and for the necessary time.
11.2.2. Cookies facilitating use:
These remember the user's choices, for example in what form the user wants to see the page. These types of cookies essentially mean the setting data stored in the cookie.
The legal basis for data management is the visitor's consent.
Purpose of data management: Increasing the efficiency of the service, increasing the user experience, making the use of the website more convenient.
This data is rather on the user's computer, the website can only access and recognize the visitor through it.
11.2.3. Performance cookies:
They collect information about the user's behavior within the visited website, time spent, and clicks. These are typically third-party applications (e.g. Google Analytics, AdWords).
Legal basis for data management: the consent of the data subject.
Purpose of data management: analysis of the website, sending advertising offers.
V. CHAPTER INFORMATION ON THE RIGHTS OF THE PERSON CONCERNED
12. The rights of the data subject in brief:
- Transparent information, communication and facilitating the exercise of the rights of the person concerned.
- Right to prior information - if personal data is collected from the data subject.
- Information to the data subject and information to be made available to him, if the personal data was not obtained from him by the data controller.
- The data subject's right of access.
- Right to rectification.
- The right to erasure ("the right to be forgotten").
- The right to restrict data processing.
- Notification obligation related to the correction or deletion of personal data or the limitation of data management.
- The right to data portability.
- The right to protest.
- Automated decision-making in individual cases, including profiling
- Restrictions.
- Informing the data subject about the data protection incident.
- The right to complain to the supervisory authority (right to an official remedy).
- The right to an effective judicial remedy against the supervisory authority
- The right to an effective judicial remedy against the controller or processor
13. The rights of the data subject in detail:
1. Transparent information, communication and facilitating the exercise of the rights of the person concerned
1.1. The data controller must provide the data subject with all information and every piece of information regarding the processing of personal data in a concise, transparent, understandable and easily accessible form, clearly and comprehensibly worded, especially in the case of any information addressed to children. The information must be provided in writing or in another way, including, where applicable, the electronic way. Verbal information can also be provided at the request of the data subject, provided that the identity of the data subject has been verified in another way.
1.2. The data controller must facilitate the exercise of the data subject's rights.
1.3. The data controller informs the data subject without undue delay, but in any case within one month of the receipt of the request, of the measures taken as a result of his request to exercise his rights. This deadline can be extended by another two months under the conditions set out in the Regulation. about which the data subject must be informed.
1.4. If the data controller does not take measures following the data subject's request, it shall inform the data subject without delay, but at the latest within one month of receipt of the request, of the reasons for the failure to take action, as well as of the fact that the data subject may file a complaint with a supervisory authority and exercise his right to judicial redress.
1.5. The data manager provides the information and information and measures about the rights of the data subject free of charge, however, in the cases described in the Regulation, a fee may be charged.
The detailed rules can be found under Article 12 of the Regulation.
2. Right to preliminary information - if personal data is collected from the data subject
2.1. The data subject has the right to receive information about the facts and information related to data management before the start of data management. In this context, the data subject must be informed:
- the identity and contact details of the data controller and its representative,
- the contact details of the data protection officer (if any),
- the purpose of the planned processing of personal data and the legal basis of data processing,
- in the case of data processing based on the assertion of a legitimate interest, on the legitimate interests of the data controller or a third party,
- about the recipients of the personal data - with whom the personal data is communicated - and the categories of recipients, if any;
- where applicable, the fact that the data controller wishes to transfer the personal data to a third country or international organization.
2.2. In order to ensure fair and transparent data management, the data controller must inform the data subject of the following additional information:
- on the period of storage of personal data, or if this is not possible, on the aspects of determining this period;
- about the data subject's right to request from the data controller access to personal data concerning him, their correction, deletion or restriction of processing, and to object to the processing of such personal data, as well as the data subject's right to data portability;
- in the case of data processing based on the consent of the data subject, the right to withdraw consent at any time, which does not affect the legality of data processing carried out on the basis of consent before the withdrawal;
- on the right to submit a complaint to the supervisory authority;
- whether the provision of personal data is based on legislation or a contractual obligation or is a prerequisite for the conclusion of a contract, as well as whether the data subject is obliged to provide personal data, and what possible consequences the failure to provide data may have;
- about the fact of automated decision-making, including profiling, as well as, at least in these cases, about the logic used and understandable information about the significance of such data management and the expected consequences for the data subject.
2.3. If the data controller wishes to carry out further data processing on personal data for a purpose other than the purpose of their collection, it must inform the data subject of this different purpose and all relevant additional information before further data processing.
The detailed rules of the right to prior information are contained in Article 13 of the Regulation.
3. Informing the data subject and the information to be made available to him, if the personal data was not obtained from him by the data controller
3.1. If the data controller did not obtain the personal data from the data subject, the data controller shall notify the data controller within one month at the latest from the date of acquisition of the personal data; if the personal data is used for the purpose of contacting the data subject, at least during the first contact with the data subject; or if it is expected that the data will be communicated to another recipient, at the latest when the personal data is communicated for the first time, you must inform about the facts and information written in point 2 above, as well as the categories of the personal data concerned, as well as the source of the personal data and, where applicable, that the data whether they come from publicly available sources.
3.2. The additional rules are governed by the previous point 2 (Right to prior information).
The detailed rules of this information are contained in Article 14 of the Regulation.
4. The data subject's right of access
4.1. The data subject has the right to receive feedback from the data controller as to whether his personal data is being processed, and if such data processing is underway, he is entitled to receive access to the personal data and related information. (Regulation Article 15).
4.2. If personal data is transferred to a third country or to an international organization, the data subject is entitled to receive information about the appropriate guarantees in accordance with Article 46 of the Regulation regarding the transfer.
4.3. The data controller must provide the data subject with a copy of the personal data that is the subject of data management. For additional copies requested by the data subject, the data controller may charge a reasonable fee based on administrative costs.
Detailed rules regarding the data subject's right of access are contained in Article 15 of the Regulation.
5. Right to rectification
5.1. The data subject is entitled to have the Data Controller correct inaccurate personal data concerning him without undue delay upon request.
5.2. Taking into account the purpose of the data management, the data subject is entitled to request the completion of incomplete personal data, including by means of a supplementary statement.
These rules are contained in Article 16 of the Regulation.
6. The right to erasure (“the right to be forgotten”)
6.1. The data subject has the right to have the data controller delete the personal data concerning him/her without undue delay upon request, and the data controller is obliged to delete the personal data concerning the data subject without undue delay if
- the personal data are no longer needed for the purpose for which they were collected or otherwise processed;
- the data subject withdraws the consent that forms the basis of the data management, and there is no other legal basis for the data management;
- the data subject objects to the processing of his data and there is no overriding legal reason for the data processing,
- personal data has been processed unlawfully;
- the personal data must be deleted in order to fulfill the legal obligation prescribed by the EU or Member State law applicable to the data controller;
- the collection of personal data took place in connection with the offering of information society-related services offered directly to children.
6.2. The right to deletion cannot be asserted if data management is necessary
- for the purpose of exercising the right to freedom of expression and information;
- for the purpose of fulfilling an obligation under EU or Member State law applicable to the data controller, or for the execution of a task performed in the public interest or in the context of the exercise of public authority granted to the data controller;
- on the basis of public interest in the field of public health;
- for the purpose of archiving in the public interest, for scientific and historical research purposes or for statistical purposes, if the right to erasure would likely make this data management impossible or seriously jeopardize it; obsession
- for the presentation, enforcement and defense of legal claims.
Detailed rules regarding the right to deletion are contained in Article 17 of the Regulation.
7. The right to restrict data processing
7.1. In the case of data management restrictions, such personal data may only be processed with the consent of the data subject, with the exception of storage, or to submit, enforce or defend legal claims, or to protect the rights of another natural or legal person, or in the important public interest of the Union or a member state.
7.2. The data subject has the right to request that the Data Controller restricts data processing if one of the following is met:
- the data subject disputes the accuracy of the personal data, in which case the limitation applies to the period that allows the Data Controller to check the accuracy of the personal data;
- the data processing is illegal and the data subject opposes the deletion of the data and instead requests the restriction of its use;
- The Data Controller no longer needs the personal data for the purpose of data management, but the data subject requires them to present, enforce or defend legal claims; obsession
- the data subject objected to data processing; in this case, the restriction applies to the period until it is established whether the legitimate reasons of the data controller take precedence over the legitimate reasons of the data subject.
7.3. The data subject must be informed in advance of the lifting of the limitation of data management.
The relevant rules are contained in Article 18 of the Regulation.
8. Notification obligation related to the correction or deletion of personal data or the limitation of data management
The data manager informs all recipients of all corrections, deletions or data management restrictions to whom or to whom the personal data was communicated, unless this proves to be impossible or requires a disproportionately large effort. At the request of the data subject, the data controller informs about these recipients.
These rules can be found under Article 19 of the Regulation.
9. The right to data portability
9.1. Under the conditions set out in the Regulation, the data subject is entitled to receive the personal data relating to him/her provided to a data controller in a segmented, widely used, machine-readable format, and is also entitled to forward this data to another data controller without being hindered by the the data controller to whom you made the personal data available, if
- data management is based on consent or a contract; and
- data management is automated.
9.2. The data subject can also request the direct transmission of personal data between data controllers.
9.3. The exercise of the right to data portability may not violate Article 17 of the Regulation (The right to erasure ("the right to be forgotten"). The right to data portability does not apply in the event that the data processing is in the public interest or is a task carried out in the context of the exercise of public authority delegated to the data controller This right may not adversely affect the rights and freedoms of others.
The detailed rules are contained in Article 20 of the Regulation.
10. Right to protest
10.1. The data subject has the right to protest at any time for reasons related to his own situation against the processing of his personal data based on the public interest, the performance of a public task (Article 6 (1) e)) or legitimate interest (Article 6 f)), including profiling based on the aforementioned provisions too. In this case, the data controller may no longer process the personal data, unless the data controller proves that the data processing is justified by compelling legitimate reasons that take precedence over the interests, rights and freedoms of the data subject, or that are necessary for the presentation, enforcement or defense of legal claims are connected.
10.2. If personal data is processed for the purpose of direct business acquisition, the data subject has the right to object at any time to the processing of his personal data for this purpose, including profiling, if it is related to direct business acquisition. If the data subject objects to the processing of personal data for the purpose of direct business acquisition, then the personal data may no longer be processed for this purpose.
10.3. These rights must be specifically brought to the attention of the data subject during the first contact at the latest, and the relevant information must be displayed clearly and separately from all other information.
10.4. The data subject can also exercise the right to protest using automated means based on technical specifications.
10.5. If personal data is processed for scientific and historical research purposes or for statistical purposes, the data subject has the right to object to the processing of personal data concerning him for reasons related to his own situation, unless the data processing is necessary for the performance of a task carried out for reasons of public interest.
The relevant rules are contained in the article of the Regulation.
11. Automated decision-making in individual cases, including profiling
11.1. The data subject has the right not to be covered by the scope of a decision based solely on automated data management, including profiling, which would have a legal effect on him or affect him to a similar extent.
11.2. This right does not apply if the decision:
- necessary for the conclusion or fulfillment of the contract between the data subject and the data controller;
- is made possible by EU or Member State law applicable to the data controller, which also establishes appropriate measures to protect the rights and freedoms and legitimate interests of the data subject; obsession
- based on the express consent of the data subject.
11.3. In the cases mentioned in points a) and c) above, the data controller is obliged to take appropriate measures to protect the rights, freedoms and legitimate interests of the data subject, including at least the right of the data subject to request human intervention on the part of the data controller, to express his/her position and to oppose the decision file an objection.
Additional rules are contained in Article 22 of the Regulation.
12. Limitations
The EU or Member State law applicable to the data controller or data processor may limit the scope of rights and obligations (Articles 12-22, Article 34, Article 5 of the Regulation) through legislative measures if the restriction respects the essential content of fundamental rights and freedoms.
The terms of this restriction are contained in Article 23 of the Regulation.
13. Informing the data subject about the data protection incident
13.1. If the data protection incident likely involves a high risk for the rights and freedoms of natural persons, the data controller must inform the data subject about the data protection incident without undue delay. In this information, the nature of the data protection incident must be described in a clear and understandable manner, and at least the following must be disclosed:
- the name and contact details of the data protection officer or other contact person providing additional information;
- the probable consequences of the data protection incident must be described;
- the measures taken or planned by the data controller to remedy the data protection incident must be described, including, where applicable, measures aimed at mitigating any adverse consequences resulting from the data protection incident.
13.2. The data subject does not need to be informed if any of the following conditions are met:
- the data controller has implemented appropriate technical and organizational protection measures and these measures have been applied to the data affected by the data protection incident, in particular those measures - such as the use of encryption - that make the personal data unintelligible to persons not authorized to access the personal data data;
- after the data protection incident, the data controller has taken additional measures to ensure that the high risk to the rights and freedoms of the data subject is unlikely to materialize in the future;
- providing information would require a disproportionate effort. In such cases, the data subjects must be informed through publicly published information, or a similar measure must be taken that ensures similarly effective information to the data subjects.
Additional rules are contained in Article 34 of the Regulation.
14. The right to complain to the supervisory authority (right to an official remedy)
The data subject has the right to file a complaint with a supervisory authority - in particular in the Member State of his or her usual place of residence, workplace or the place of the alleged infringement - if, in the opinion of the data subject, the processing of personal data relating to him/her violates the Regulation. The supervisory authority to which the complaint was submitted is obliged to inform the customer about the procedural developments related to the complaint and its outcome, including whether the customer is entitled to legal remedies.
These rules are contained in Article 77 of the Regulation.
15. Right to an effective judicial remedy against the supervisory authority
15.1. Without prejudice to other administrative or non-judicial remedies, all natural and legal persons are entitled to an effective judicial remedy against the legally binding decision of the supervisory authority.
15.2. Without prejudice to other administrative or non-judicial legal remedies, all data subjects are entitled to an effective judicial remedy if the competent supervisory authority does not deal with the complaint or does not inform the data subject within three months of the procedural developments related to the submitted complaint or its result.
15.3. Proceedings against the supervisory authority must be initiated before the court of the Member State where the supervisory authority is based.
15.4. If proceedings are initiated against a decision of the supervisory authority in relation to which the Board previously issued an opinion or made a decision within the framework of the uniformity mechanism, the supervisory authority is obliged to send this opinion or decision to the court.
These rules are contained in Article 78 of the Regulation.
16. The right to an effective judicial remedy against the controller or data processor
16.1. Without prejudice to the available administrative or non-judicial legal remedies, including the right to file a complaint with the supervisory authority, each person concerned is entitled to an effective judicial remedy if, in his judgment, his rights according to this regulation have been violated as a result of the processing of his personal data not in accordance with this regulation.
16.2. Proceedings against the data controller or data processor must be initiated before the court of the Member State where the data controller or data processor operates. Such a procedure can also be initiated before the court of the Member State of the habitual residence of the person concerned, unless the data controller or the data processor is a public authority of a Member State acting in the capacity of public authority.
These rules are contained in Article 79 of the Regulation.
Dated: Pécs, March 1, 2024.
CoreTechs Solutions Kft.
photo: Managing Director Attila Péntek