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Application to the German Patent and Trade Mark Office

a) Scope of processing of data, sources of the data

During the application procedure, we process the personal data we receive either from you (e.g. contact details, data from the covering letter, the application form, if any, the CV, credentials, official documents, etc.) or third parties authorised by you. Personal data we may receive from third parties authorised by you include data from an official certificate of conduct that may be transferred to us at your request by the Federal Office of Justice, Adenauerallee 99 - 103, 53113 Bonn (data protection officer: datenschutzbeauftragter@bfj.bund.de), data from a health certificate that may be transferred to us by your health office as well as, if applicable, data from your personnel file to be transferred by your previous employer if you have already worked in public service and you have consented to the inspection of your personnel file.

b) Purposes of processing and legal basis

We process your personal data in accordance with the provisions of the General Data Protection Regulation and the Federal Data Protection Act (Bundesdatenschutzgesetz) in order to check your suitability for the position applied for and to process your application. If the application procedure is successful and results in an employment, traineeship or work placement, the data will be added to your personnel file.

The legal basis for processing your personal data is point (b) of Article 6(1), Article 88 of the General Data Protection Regulation, Section 26 of the Federal Data Protection Act and Section 106 of the Federal Civil Service Act (Bundesbeamtengesetz). To the extent special categories of personal data within the meaning of Article 9(1) of the General Data Protection Regulation are provided or requested during the application procedure (e.g. data concerning health (such as severe disability status, health certificate issued by the health office) or data revealing political opinions, religious or philosophical beliefs (such as data from the questionnaire to test an applicant’s loyalty to the constitution), the legal basis is, in addition, points (b), (g) and/or (h) of Article 9(2) of the General Data Protection Regulation. To the extent an official certificate of conduct is requested during the application procedure, the processing of the data contained therein is based on point (b) of Article 6(1), Article 88 of the General Data Protection Regulation, Section 26 of the Federal Data Protection Act in conjunction with Article 10 of the General Data Protection Regulation. To the extent we refer, based on your consent, to your personnel file from a previous employment in public service, the legal basis for such processing of your personal data is point (a) of Article 6(1) of the General Data Protection Regulation.

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c) Recipients or categories of recipients of the personal data

In the German Patent and Trade Mark Office, your data will be provided only to the persons responsible for preparing and managing the application procedure. In case of recruitment to the higher grade of the civil service, your data will be transferred, in individual cases, to the Federal Ministry of Justice.

With respect to the implementation of the co-determination procedure pursuant to Sections 75, 76 of the Federal Staff Representation Act (Bundespersonalvertretungsgesetz), the personal data will be transferred to the competent staff representation (Central Staff Council at the Federal Ministry of Justice, Joint Staff Council at the German Patent and Trade Mark Office, Local Staff Council at the Munich office of the German Patent and Trade Mark Office, Local Staff Council at the Jena office of the German Patent and Trade Mark office) in order to manage the application procedure.

Within the scope of their statutory participation rights, equal opportunity officers and the representative of disabled persons will inspect the application documents.

We may engage service providers strictly bound by instructions that provide assistance in particular with IT issues and the filing and destruction of documents. Separate order processing agreements have been or are entered into with these service providers.

d) Duration of storage of the personal data

We process your personal data for the duration of the application procedure.

If the application procedure is unsuccessful, the personal data will be deleted no later than six months after the application procedure has been completed. This does not apply to the extent the processing is necessary, in individual cases, to assert, exercise or defend legal claims beyond said period or a longer period of storage is required by law.

If the application procedure is successful and results in an employment, traineeship or work placement, the data will be added to and further processed in the personnel file.

e) Rights of data subjects

Information on your rights as data subject is available in section Rights of data subjects.

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Last updated: 22 June 2023