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DIGITAL LAW FIRM FOR LABOR LAW IN BERLIN - ANNE LACHMUND LL.M.

Labor Law Attorney Berlin

Have you been dismissed or do you have questions about severance pay or a termination agreement?

  • 100 % free and non-binding initial estimate
  • Expert for dismissal protection claims / dismissal protection proceedings
  • Review of termination agreements
  • Settlement and termination negotiations
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Check your termination now in just 6 steps

Will Sanders
Professional service with professional results. Friendly, patient, and takes the time to explain all the options a client has. Really cannot recommend enough.
Zosya Trimbacher
The consultation and help I received was very good, it helped me understand what I need to look out for in my agreement and in case I need to deal with the same problem again I can now use the same advise which is amazing. Anne speaks really good English and explained everything in clear detail to me. Her and her assistants are very responsive and helpful. I was surprised how quickly everything was sorted out. I felt super lucky to be referred to Anne.
Ancsi B
Really great firm, I received replies for my emails within a few hours, and an appointment within a day. Speed was very important to me, and I am grateful that I received a professional and supportive answer. Thank you so much!
Evangelos Stromatias
I have to admit that when I first looked at the reviews and the high number of stars here, I was a bit skeptical. However, there is a reason why LACHMUNDlaw has the reviews they do. They have helped me tremendously and exceeded all my expectations. I have found Anne Lachmund and her team to be very efficient, professional, responsive, empathetic, and with a great command of English. Ms. Anne explained the labor laws related to my case through online consultations and provided me with invaluable legal advice. I highly recommend them without any reservations.
Rihab Yakoubi
Anne is an exceptional lawyer who exceeded my expectations. From the initial consultation to the successful resolution of my case, she demonstrated unparalleled professionalism and expertise. Anne's ability to simplify complex legal concepts made it easy for me to understand the process. She listened attentively to my concerns and provided comprehensive guidance throughout. I highly recommend Anne to anyone seeking a top-tier lawyer. Thanks to her, my case proceeded seamlessly, culminating in a highly satisfying outcome. Anne stands out among the numerous lawyers I contacted, as she provided thorough and satisfactory information right from our first consultation call.

Have you been terminated?

  • Filing a dismissal protection claim
  • Obtaining compensation
  • Obtaining immediate exemption
  • Extended notice period for job search
  • Negotiate a very good certificate

Have you received a contract of termination?

  • Avoid blocking period
  • Secure higher compensation
  • Secure a very good certificate
  • Extension of the notice period for finding a new job
  • Negotiate exemption
Arrange appointment
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Received notice of termination? Two important tips

If your employer has dismissed you, take these two tips to heart:

  1. You only have three weeks from receipt of the dismissal notice to respond to your dismissal. If you do not file an action for protection against dismissal within this time, your job is lost for good. Severance pay is also usually unrealistic after this period has expired. You should therefore consult a lawyer for employment law as soon as possible, who will examine your case and file a complaint if necessary.
  2. Register with the employment agency as a job seeker as soon as possible. Otherwise, if you actually become unemployed, you may face a period of suspension of unemployment benefit I. You will then have to wait longer for your benefit. If you get in touch with me in good time, I can help you to register.

Did you know that only 12% of dismissed employees take legal action against their dismissal? Yet over 99% of dismissal protection lawsuits end with a settlement that exceeds the costs of the lawsuit many times over. Important: You only have three weeks after receiving your dismissal notice to file a lawsuit. Seek advice now and make an appointment now.

You can use our severance pay calculator to calculate in advance how high your severance pay could be.

Your lawyer for dismissals in Berlin and the surrounding area

A dismissal is an emotionally stressful situation. I have been advising and representing employees who have been dismissed for many years. Thanks to my experience, I know every trick in the book and know how best to assert your interests. Nevertheless, I do not provide advice “off the peg”. At the beginning, we will discuss your personal goal in detail, which will guide my work. As a rule, this can be saving your job so that you remain employed by the company or the payment of the highest possible severance pay. This also means that you give up your job. In the event of dismissal with notice of change, you may also continue to work under less favorable conditions.

Initial assessment

  • Non-binding initial assessment without waiting time (online)
  • Personal support and legal advice at the highest level. In addition to a free initial assessment of your specific case, you will receive clear recommendations on how to proceed.

Enforcement

  • I will represent you in all court instances
  • No time-consuming on-site appointments, no tedious paperwork. Communication by video call, telephone or e-mail.
  • No cost risk: either your legal expenses insurance covers the costs. Or at the end, the fees are offset against your settlement, which is usually a multiple of the legal costs.
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I will advise you on whether and how we can achieve your goal together

In many cases, we then file an action for protection against dismissal. If you are aiming for a severance payment, it is often possible to reach an attractive agreement with the employer at the first conciliation meeting. You can rely on my strong negotiating skills. If, on the other hand, you want to keep your job, we will see the proceedings through to the end. Of course, I will keep you informed of my assessment of your chances of success.

We will also look at the numerous follow-up issues to a dismissal. These include your continued employment during the proceedings, the payment of your remaining vacation and unemployment benefits.

A dismissal is stressful enough – I will keep you free of all legal matters. You are welcome to arrange a consultation with me by telephone.

Protection against dismissal for employees - Lawyer for employment law in Berlin

I have been advising and representing employees who have been dismissed for many years. Thanks to my experience, I know every trick in the book and know how best to assert your interests. Nevertheless, I do not provide advice “off the peg”. At the beginning, we will discuss your personal goal in detail, which will guide my work. As a rule, this can be

  • Saving your job so that you remain employed by the company or
  • The payment of the highest possible severance pay. This also means that you give up your job.
  • In the event of a dismissal with notice of change, you may also be able to continue working under less favorable conditions. I will advise you on whether and how we can achieve your goal together. In many cases, we will then file an action for protection against dismissal on your behalf.
  • I also look at the numerous follow-up issues to a dismissal. This concerns, for example, your continued employment during the proceedings, the payment of your remaining vacation and unemployment benefit I.

A dismissal is stressful enough – I will keep you free of all legal matters and answer your questions. Please feel free to make an appointment with me.

Termination agreement not without a lawyer for employment law

Employers like to present a termination agreement instead of giving notice. In the belief that they are entering into a fair agreement, many employees willingly sign.

I advise against this! Termination agreements contain numerous risks that you should clarify. These can be in particular

The severance payment is often set far too low in the employer’s draft agreement. As a rule, your employer is dependent on your consent in order to part with you in a legally secure manner. You should therefore make your agreement dependent on an appropriate severance payment. If, on the other hand, you play your cards too high, your employer may decide to dismiss you after all.

In many cases, you may be threatened with a period of unemployment benefit suspension. You will then have to manage without benefits from the employment agency for an initial 12 weeks. In other words, you leave a lot of money on the street. I can advise you on whether and how you can avoid a suspension period.

Almost all termination agreements contain a settlement clause. In this clause, you waive all claims against your employer, unless these are specified in the termination agreement. My experience shows that many employees lose outstanding vacation or overtime pay in this way. I will protect you from this.

I regularly review, negotiate and draft termination agreements for my clients. I am happy to advise you on the contract that your employer has presented to you.

Of course, I can also assist you if you would like to propose a termination agreement yourself. This can be particularly useful if you want to change companies at short notice.

The quickest way to contact me is electronically. You are welcome to make an appointment for a consultation at short notice by booking an appointment.

Field report: High severance payment due to ineffective dismissal

Although young mothers are particularly protected by German employment law, they are relatively often affected by dismissals. Obviously, women are less employable for some employers after the birth of a child because they are subject to restrictions with regard to the scope and location of their working hours.

This was also the case for my client, who had just returned to work part-time after parental leave. She was unexpectedly dismissed and at the same time given an American-style leave of absence: “We no longer have any use for you. Please pack your things!”

Fortunately, my client had done everything right when she returned: she had applied for part-time work during parental leave. Even during parental leave, it is possible to work up to 32 hours a week. This has the huge advantage that parents can work close to full-time on the one hand and on the other hand the special protection against dismissal remains in place.

My client’s employer was either unaware of this fact or the company simply didn’t care. In my experience, many companies actually terminate employees “out of the blue” in order to create a fait accompli. They do this in the knowledge that statistically less than 9 out of 10 employees sue against a dismissal, i.e. they end up getting off quite lightly.

However, if the matter ends up in court in 1 out of 10 cases, it can be very expensive. A dismissal during parental leave is absolutely invalid without the prior consent of the state authority.

This was the experience of my client’s employer. From the comfortable situation that the special protection against dismissal continued for another year, it was possible to negotiate an above-average severance payment as a new start for my client. Together with a very good reference, my client can now apply for a new job in peace and without pressure.

We could certainly have fought to keep her job. However, I don’t think this is desirable in most cases. For one thing, it says a lot about the culture of a company if it treats vulnerable employees particularly badly. On the other hand, no one should be under pressure to continue working for a company that obviously doesn’t value this and would rather switch to a more appreciative employer instead.
In this case, the motto was: “All’s well that ends well!”

Bypassing the blocking period for unemployment benefit

When concluding a termination agreement, many people fear that the unemployment benefit will be blocked by the employment agency.

A blocking period means that you will not receive the unemployment benefit you have applied for until 12 weeks have elapsed, as you are blocked from receiving unemployment benefit for the first 12 weeks. However, you will not only receive unemployment benefit later, but also for a shorter period of 9 months instead of 12 months. The reason for the blocking period is that the employment agency generally assumes that you have given up your employment relationship voluntarily and therefore unnecessarily when you conclude a termination agreement.

However, you can avoid a suspension period for unemployment benefit by drafting the termination agreement cleverly:

  • The termination agreement must state that the termination of the employment relationship is to avoid an otherwise unavoidable (operational) dismissal.
  • The termination date agreed in the termination agreement may not be less than the respective statutory notice period. This means that if your statutory notice period is three months to the end of the month, the termination date agreed in the termination agreement should not be before February 28, 2022.
  • The severance payment agreed in the termination agreement should not significantly exceed half a gross monthly salary per year of employment. For example, with a gross monthly salary of € 5,000.00 and a period of employment of 5 years, the severance payment should not be significantly higher than € 12,500.00.

If all these points are taken into account in the termination agreement, you can usually avoid the imposition of a blocking period for unemployment benefit by the employment agency.

To be on the safe side, it is better to resign in order to avoid a blocking period for unemployment benefit. This also applies if, for example, you have negotiated a higher severance payment or enjoy special protection against dismissal. A court settlement reached later as part of the dismissal protection proceedings – regardless of the conditions – is usually accepted by the employment agency without any problems and does not trigger a blocking period for unemployment benefit.

Did you know that a blocking period for unemployment benefit can be avoided by cleverly drafting the termination agreement?

Severance payment

Many clients have finished with their job and would like to leave in return for the highest possible severance payment. What most people don’t know, however, is that you cannot demand a severance payment per se.

Instead, you usually have to negotiate to persuade your employer to make the payment. Although employers occasionally offer severance pay on their own initiative or on the basis of a social plan, this is often set too low. Even then, negotiations are worthwhile.

You should now make it clear to your employer how much they depend on your cooperation. A unilateral dismissal is always risky for him. If you sue, in the worst case he will have to reinstate you and pay you back. With the severance payment, on the other hand, he buys your “consent” to the dismissal. Therefore, the higher your chances of success in court, the more attractive the amount your employer will be prepared to pay.

Thanks to my many years of experience, I can explain to your employer in detail why he is dependent on your cooperation. I will advise you in the background as to whether the subsequent offers are appropriate. Do you have questions about your severance payment? Feel free to contact me by telephone.

By the way: Bear in mind that you will have to pay tax on the severance payment. However, the so-called one-fifth rule reduces the tax burden somewhat. There are no social security contributions.

Warning letter - Lawyer for labor law in Berlin

Have you received a warning letter? What are the consequences? A warning is a reprimand that the employer issues against the employee in relation to a complaint or violation.

An employer can then issue a dismissal for conduct-related reasons. If the employer has not unsuccessfully warned the employee at least once for conduct in breach of contract, he cannot justify a dismissal for conduct-related reasons on the basis of this misconduct. The employer must therefore give the employee the opportunity to change the offending behavior before issuing an ordinary notice of termination.

Do you have questions about a warning letter? As a lawyer for employment law in Berlin, I can provide you with comprehensive advice on your options if you have received a warning. Feel free to call me and take advantage of my non-binding advice.

Employment reference - Lawyer for employment law in Berlin

An employment reference should be formulated favorably. But what does this mean? What does it mean, for example, if the regret formula is missing? Or how do you find hidden messages? Do periods of absence, such as parental leave, have to be mentioned in the reference? You do not have to accept negative assessments if they do not correspond to the facts.

You are welcome to contact my employment law firm in Berlin with your concerns about references. I will examine your legal options.

Part-time - Lawyer for labor law in Berlin

Do you want to work part-time? Employers are legally obliged to enable employees to work part-time. Within the framework of its organization, the employer must check which jobs are suitable for part-time work and must then make every effort to fill these part-time positions. According to an explicit clarification of the law, the obligation to enable part-time work also applies to employees in management positions.

Do you have questions about switching to part-time work? I will support you in enforcing your part-time entitlement. Feel free to contact me, a lawyer for employment law in Berlin.

Fixed-term employment contract - Lawyer for employment law in Berlin

Do you have questions about a fixed-term employment contract? A fixed-term contract ends automatically or without notice when the agreed termination date has been reached or when the purpose of the contract has been achieved. A fixed-term contract cannot be terminated with or without notice unless such a termination option is exceptionally provided for in an individual contract or an applicable collective agreement.

Please feel free to call me. My employment law firm in Berlin is available around the clock. I will review your fixed-term employment contract.

Unemployment benefit after termination agreement: avoid blocking period

A termination agreement often results in the employment agency imposing a suspension period on the employee’s unemployment benefit (ALG). Would you like to prevent this? We explain how you can receive unemployment benefit from the employment agency seamlessly after your termination agreement.

  1. Will I receive unemployment benefit after a termination agreement?
  2. The blocking period for unemployment benefit in the event of a termination agreement
  3. Shortening the blocking period
  4. How can I prevent the blocking period?
  5. Conclusion


1. Will I receive unemployment benefit after a termination agreement?

In principle, yes.

If you lose your job and do not have a new position, you should register with the employment agency as a jobseeker or unemployed. In order to be entitled to unemployment benefit I (ALG I) from the employment agency, you must have paid into unemployment insurance as an employee for at least 12 months in the last 30 months (i.e. have been employed and subject to compulsory insurance).

However, the entitlement to unemployment benefit is not always unlimited. It depends on how your employment contract is terminated. You should pay particular attention if the employment relationship is terminated on the basis of a termination agreement between the employer and employee. The employment agency often imposes a so-called blocking period after a termination agreement. This means that you will receive less ALG I from the employment agency later and for the entire duration.

2 The blocking period for unemployment benefit in the event of a termination agreement

A blocking period can be considered in particular if you can be accused of having contributed to your unemployment as an employee (§ 159 Para. 1 SGB III). As a rule, the employment agency also assumes this when a termination agreement is concluded. This is because a termination agreement is a voluntary agreement between you and the employer to end your employment relationship. By signing it, you have (partly) caused the loss of your job and thus your unemployment. This would be different if your employer had terminated your contract.

The suspension period describes the period during which you are not entitled to unemployment benefit (ALG I). As a rule, it is 12 weeks from the end of the employment relationship. This means that you will not receive any unemployment benefit from the employment agency during this time. Overall, the period of entitlement is also shortened, as the blocking period does not result in an extension of the period of entitlement at the end.

Example: You are 30 years old. If you have paid into unemployment insurance for 24 months, you can claim unemployment benefit I for up to 12 months. If your employment ends on 31.7.2022, you are entitled to unemployment benefit until 31.7.2023. However, if your employment contract has ended due to a termination agreement, the employment agency will impose a suspension period of 12 weeks. You will only receive unemployment benefit from around November and only for nine months up to and including July.

If you are over 50 years old, your entire regular period of entitlement will be reduced by a quarter.

Example: You are over 55 years old. If you have paid in for 36 months, you will receive unemployment benefit for up to 18 months. If your employment relationship ends on 31.7.2022 due to a termination agreement, a blocking period of 12 weeks will be imposed at the beginning. In addition, you must expect the benefit to be stopped “at the end” 1.5 months before the end of the 18 months.

 
 

3. Shortening the blocking period

Under certain circumstances, your blocking period may be shortened. It does not hurt to explicitly point this out to the employment agency, as they sometimes overlook this.

The period may be shortened if your employment relationship would have ended in the near future anyway, for example due to a notice of termination that has already been issued, your retirement or a time limit in your employment contract.

  • If your employment contract would have ended in 6 weeks anyway, the suspension period is reduced to 3 weeks.
  • If your employment contract would have ended in 12 weeks, the blocking period is reduced to 6 weeks.

A reduction is also possible if the regular blocking period of 12 weeks would represent a particular hardship for you.

Example 1: You pre-empt the dismissal of a colleague by signing a termination agreement and giving up the job in favor of your colleague. This is possible, for example, if your colleague was already scheduled for dismissal and you could hardly have been dismissed due to your special protection against dismissal, for example as a pregnant woman or severely disabled person.

Example 2: You sign a termination agreement because you had the prospect of a new job, but this unexpectedly falls through.

Example 3: The Federal Employment Agency has incorrectly informed you about the blocking period and you therefore assumed that you would not be subject to a blocking period when you signed the contract.

Similar effects to a shortening occur when you irrevocably agree to a release period in the termination agreement – even if you continue to be paid. Employers often propose a release period themselves because they want to prevent you from appearing at work until the end of your contract (due to trade secrets, personal disputes, etc.). In these cases, the blocking period begins to run from the first day of your release.

4. How can I prevent the blocking period?

It may be possible to completely avoid the blocking period after a termination agreement. There are essentially two solutions to consider:
Either there is an important reason, or you end the employment relationship through a court settlement.

Good cause for a termination agreement

On the one hand, there is good cause if the termination agreement is the only option and no other course of action was reasonable. This is the case, for example, if

  • you have been subjected to psychological pressure, bullying or sexual harassment at work.
  • the work expected of you violates legal provisions, e.g. occupational safety regulations in labor law.
  • the work task is necessary for health reasons.
  • the termination of the contract of employment is necessary to ensure the care of your child.
  • the company is facing insolvency.
  • your remuneration as an employee was significantly too low (guideline: more than 20% below the applicable collectively agreed wage of the local pay).

Another good cause could be that you would have been dismissed anyway, and the termination agreement merely allows you to forestall your dismissal. However, you must have definitely been threatened with dismissal; a mere rumor is not enough. Furthermore, the termination agreement should state that you would have been dismissed if you had not signed it.

In addition, a number of other requirements must be met:

  • If the threatened termination were to occur, the employment relationship would have ended at the same time or earlier than the termination agreement. The termination agreement must not bring forward your exit in comparison to the termination.
  • There must be at least your notice period (usually according to § 622 BGB) between the signing of the termination agreement and the end of the employment contract. This ensures that the theoretical notice period would have been observed.
  • You must not have been “non-terminable” as an employee (e.g. due to pregnancy or membership of the works council).
  • The hypothetical termination must be based on personal or operational reasons and not on your misconduct. The termination agreement should also mention that it is being concluded to avoid such a termination.

These conditions are relatively easy to meet. More often, difficulties arise from these two requirements in labor law, one of which must be met:

  • The threatened termination would have been lawful and you avoid objective disadvantages through the termination agreement (e.g. you receive a severance payment in the termination agreement that you would not be entitled to in the event of termination).
  • Or you receive a severance payment of up to a maximum of 0.5 gross monthly salaries for each year of the employment relationship. In this case, it does not matter whether the employer’s threat of termination would be lawful.

The burden of proof for the important reason lies with you. In this case, you should therefore seek legal advice on labor law. Because as soon as you sign the termination agreement, you lose your protection against dismissal and possibly parts of your unemployment benefit.

Court settlement

A court settlement often has the same effects as the agreement of a termination agreement. The only difference is that the Federal Employment Agency does not impose a blocking period after it. But how does this court settlement come about?

  • It is important that you do not sign the termination agreement.
  • You wait until you have been given notice and then file a lawsuit against it at the labor court within three weeks.

At the court hearing, the aim is to negotiate a court settlement. To do this, you offer to withdraw your complaint. In return, you demand that the employer pay you compensation and provide you with a good reference, for example.

You will also need legal support for a court settlement. This is because it is not without risk. You should assess whether your employer will really agree to the settlement. Otherwise, if the termination is lawful, you will end up leaving the company without severance pay. With the support of an experienced labor lawyer, you can minimize this risk and usually achieve more favorable settlement terms.

You and your employer must not give the Federal Employment Agency the impression that you have colluded in order to circumvent the waiting period.

5. Conclusion

  • In principle, the Federal Employment Agency imposes a waiting period for unemployment benefit after a termination agreement.
  • This waiting period is usually 12 weeks and is not added back on at the end of the benefit period.
  • Overall, the duration of unemployment benefit claims is usually reduced by at least a quarter.
  • In exceptional cases, the blocking period can be shortened.
  • It may be possible to avoid the blocking period altogether. To do this, you must either demonstrate good cause or a court settlement must be reached.
  • Consider whether you would like to seek the support of an experienced labor lawyer or whether you feel confident enough to navigate labor law on your own.

Lachmund Law – Your digital law firm for labor law in Berlin

Lachmund Law, the digital law firm, is a highly specialized labor law firm based in Berlin. Why digital? Because I am convinced that digitalization greatly facilitates your access to justice. At best, my advice will help you to obtain a right that you would otherwise not have claimed.

Digital does not mean anonymous! Personal contact is an essential part of my advice. I want you to feel that you are in good hands, not only with your labor law issues.

As a specialist or manager, you will find me to be an experienced and empathetic lawyer who will represent your interests consistently and strategically in the event of a conflict. My law firm advises employees on all aspects of termination, severance pay or termination agreements. I will represent you in unfair dismissal proceedings before all labor court instances.

Arrange appointment

Digital law firm for labor law

Attorney Anne Lachmund LL.M.

Bergmannstraße 108

10961 Berlin

kontakt@lachmund-law.de

 
+49 30 91432015

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Privacy Policy

Privacy Policy

The following privacy policy is intended to explain to you which types of your personal data (hereinafter also referred to as ‘data’) we process, for what purposes and to what extent. The data protection declaration applies to all processing of personal data carried out by us, both in the context of providing our services and in particular on our websites, in mobile applications and within external online presences, such as our social media profiles (hereinafter collectively referred to as ‘online services’).

The terms used are not gender-specific.

As of: 1 May 2023

Table of contents

Controller

Lachmund Law
Bergmannstraße 108
10961 Berlin

Authorised representative: Anne Lachmund
Email address: kontakt@lachmund-law.de

Scope of application:
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https://arbeitsrecht-kanzlei.legal/lachmund/
https://arbeitsrecht-kanzlei.legal/anne-lachmund/
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The following overview summarises the types of data processed and the purposes of their processing and refers to the data subjects.

Types of data processed

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Categories of data subjects

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Purposes of processing

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Relevant legal bases

The following is an overview of the legal bases of the GDPR on which we process personal data. Please note that in addition to the provisions of the GDPR, national data protection requirements may apply in your or our country of residence or domicile. Furthermore, should more specific legal bases apply in individual cases, we will inform you of these in the data protection declaration.

  • Consent (Art. 6 (1) (a) GDPR) – The data subject has given consent to the processing of his or her personal data for one or more specific purposes.
  • Fulfilment of the contract and pre-contractual enquiries (Art. 6 (1) (b) GDPR) – the processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract.
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In addition to the data protection regulations of the GDPR, national regulations for data protection in Germany apply. These include, in particular, the law for protection against misuse of personal data in data processing (Federal Data Protection Act – BDSG). The BDSG contains, in particular, special regulations on the right to information, the right to deletion, the right to object, the processing of special categories of personal data, processing for other purposes and for transmission, as well as automated decision-making in individual cases, including profiling. Furthermore, it regulates data processing for the purposes of the employment relationship (Section 26 BDSG), in particular with regard to the establishment, execution or termination of employment relationships and the consent of employees. In addition, the data protection laws of the individual federal states may apply.

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We take appropriate technical and organisational measures in accordance with the legal requirements, taking into account the state of the art, the implementation costs and the nature, scope, circumstances and purposes of the processing, as well as the varying probabilities of occurrence and the extent of the threat to the rights and freedoms of natural persons, in order to ensure a level of protection appropriate to the risk.

The measures include, in particular, safeguarding the confidentiality, integrity and availability of data by controlling physical and electronic access to the data, as well as the access, input, disclosure, safeguarding of availability and its separation. Furthermore, we have set up procedures to ensure that the rights of data subjects are exercised, that data is deleted and that we respond to data being compromised. Furthermore, we take the protection of personal data into account as early as the development or selection of hardware, software and processes, in accordance with the principle of data protection, through technology design and data protection-friendly default settings.

TLS encryption (https): We use TLS encryption to protect your data transmitted via our online services. You can recognise such encrypted connections by the prefix https:// in the address line of your browser.

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As part of our processing of personal data, it may be necessary to transfer or disclose the data to other departments, companies, legally independent organisational units or persons. The recipients of this data may include, for example, service providers contracted to carry out IT tasks or providers of services and content that are integrated into a website. In such cases, we comply with the legal requirements and, in particular, conclude appropriate contracts or agreements with the recipients of your data that serve to protect your data.

Data transmission within the organisation: We may transmit personal data to other departments within our organisation or grant them access to this data. If this transfer is carried out for administrative purposes, the transfer of the data is based on our legitimate business and commercial interests or is carried out if it is necessary to fulfil our contractual obligations or if the consent of the data subjects or a legal permission is available.

Data processing in third countries

If we process data in a third country (i.e. outside the European Union (EU), the European Economic Area (EEA)) or if the processing takes place in the context of the use of third-party services or the disclosure or transmission of data to other persons, bodies or companies, this will only be done in accordance with the legal requirements.

Subject to express consent or contractually or legally required transmission, we process or allow the data to be processed only in third countries with a recognised level of data protection, contractual obligation through so-called standard protection clauses of the EU Commission, if certifications or binding internal data protection regulations (Art. 44 to 49 GDPR, information page of the EU Commission:(https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection_de).

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Cookies are small text files or other storage notes that store information on end devices and read information from the end devices. For example, to store the login status in a user account, the contents of a shopping basket in an e-shop, the contents accessed or the functions used of an online service. Cookies can also be used for different purposes, e.g. for the purposes of functionality, security and convenience of online services, as well as for the creation of visitor flow analyses.

Notes on consent: We use cookies in accordance with legal requirements. Therefore, we obtain prior consent from users, except where this is not required by law. In particular, consent is not required if the storage and reading of information, including cookies, is absolutely necessary to provide users with a telemedia service (i.e. our online service) that they have expressly requested. The strictly necessary cookies usually include cookies with functions that serve to display and run the online offer, load balancing, security, store user preferences and choices, or similar purposes related to providing the main and secondary functions of the online offer requested by users. The revocable consent is clearly communicated to users and contains information about the respective cookie usage.

Notes on the legal basis under data protection law: The legal basis under data protection law on which we process users‘ personal data using cookies depends on whether we ask users for their consent. If users consent, the legal basis for processing your data is the consent given. Otherwise, the data processed using cookies is processed on the basis of our legitimate interests (e.g. in the commercial operation of our online services and improving their usability) or, if this is done in the course of fulfilling our contractual obligations, if the use of cookies is necessary to fulfil our contractual obligations. We explain the purposes for which we process cookies in the course of this data protection declaration or as part of our consent and processing procedures.

Storage duration: With regard to the storage duration, the following types of cookies are distinguished:

  • Temporary cookies (also: session cookies): Temporary cookies are deleted at the latest after a user has left an online service and closed his or her end device (e.g. browser or mobile application).
  • Permanent cookies: Permanent cookies remain stored even after the end device has been closed. This means, for example, that the login status can be saved or preferred content can be displayed directly when the user visits a website again. Likewise, the user data collected with the help of cookies can be used to measure reach. Unless we provide users with explicit information about the type and duration of storage of cookies (e.g. when obtaining consent), users should assume that cookies are permanent and that the storage period can be up to two years.


General information on revocation and objection (opt-out): Users can revoke the consent they have given at any time and also object to the processing in accordance with the legal requirements in Art. 21 GDPR. Users can also declare their objection via their browser settings, e.g. by deactivating the use of cookies (although this may also limit the functionality of our online services). An objection to the use of cookies for online marketing purposes can also be declared via the websites https://optout.aboutads.info and https://www.youronlinechoices.com/.

  • Legal basis: Legitimate interests (Art. 6 para. 1 sentence 1 lit. f) GDPR); consent (Art. 6 para. 1 sentence 1 lit. a) GDPR).

Further information on processing, procedures and services:

  • Processing of cookie data on the basis of consent: We use a cookie consent management procedure in which the consent of users to the use of cookies, or the processing and providers mentioned in the cookie consent management procedure, can be obtained and managed and revoked by users. The declaration of consent is stored so that the request does not have to be repeated and so that the consent can be proven in accordance with the legal obligation. The storage can be done on the server side and/or in a cookie (so-called opt-in cookie, or using comparable technologies) in order to be able to assign the consent to a user or their device. Subject to individual information about the providers of cookie management services, the following information applies: The duration of the storage of the consent can be up to two years. A pseudonymous user identifier is created and stored with the time of consent, information on the scope of consent (e.g. which categories of cookies and/or service providers) as well as the browser, system and end device used;
  • legal basis: consent (Art. 6 para. 1 sentence 1 lit. a) GDPR).
  • BorlabsCookie: cookie consent management;
  • service provider: hosted locally on our server, no data transfer to third parties;
  • website: https://de.borlabs.io/borlabs-cookie/;
  • further information: an individual user ID, language and types of consent and the time of their submission are stored on the server and in the cookie on the user’s device.

Business services

We process data of our contractual and business partners, e.g. customers and prospects (collectively referred to as ‘contractual partners’) in the context of contractual and comparable legal relationships as well as related measures and in the context of communication with the contractual partners (or pre-contractual), e.g. to answer inquiries.

We process this data in order to fulfil our contractual obligations. These include, in particular, the obligations to provide the agreed services, any updating obligations and remedies in the event of breaches of warranty and other breaches of performance. In addition, we process the data to protect our rights and for the purpose of the administrative tasks associated with these obligations, as well as for company organisation. In addition, we process the data on the basis of our legitimate interests in proper and business management and in security measures to protect our contractual partners and our business operations from misuse, endangering their data, secrets, information and rights (e.g. for the involvement of telecommunications, transport and other auxiliary services as well as subcontractors, banks, tax and legal advisors, payment service providers or tax authorities). Within the limits of the applicable law, we only disclose the data of contractual partners to third parties to the extent that this is necessary for the aforementioned purposes or to fulfil legal obligations. The contractual partners will be informed about further forms of processing, e.g. for marketing purposes, within the scope of this data protection declaration.

We will notify our contractual partners which data is required for the aforementioned purposes before or during data collection, e.g. in online forms, by means of special labelling (e.g. colours) or symbols (e.g. asterisks or similar), or in person.
We delete the data after the expiry of statutory warranty and comparable obligations, i.e., in principle after the expiry of 4 years, unless the data is stored in a customer account, e.g., as long as it must be kept for legal archiving reasons. The statutory retention period for tax-related documents, as well as for account books, inventories, opening balance sheets, annual financial statements, the work instructions and other organisational documents and accounting records required to understand these documents, is ten years, and for received commercial and business letters and reproductions of sent commercial and business letters, six years. The period begins at the end of the calendar year in which the last entry was made in the book, the inventory, the opening balance sheet, the annual financial statement or the management report was prepared, the commercial or business letter was received or sent, or the accounting document was created, and the recording was made or the other documents were created.
Insofar as we use third-party providers or platforms to provide our services, the terms and conditions and data protection notices of the respective third-party providers or platforms shall apply in the relationship between the users and the providers.

Processed data types: inventory data (e.g. names, addresses); payment data (e.g. bank details, invoices, payment history); contact data (e.g. e-mail, telephone numbers); contract data (e.g. subject matter of the contract subject matter, duration, customer category); usage data (e.g. websites visited, interest in content, access times); meta, communication and process data (e.g. IP addresses, time stamps, identification numbers, consent status).

  • Data subjects: Interested parties; Business and contractual partners; Customers.
  • Purposes of processing: Provision of contractual services and customer support; Contact requests and communication; Office and organisational procedures; Managing and responding to inquiries; Conversion tracking (measurement of the effectiveness of marketing activities); Profiles with user-related information (Creating user profiles).
  • Legal basis: Performance of a contract and prior requests (Article 6 (1) (b) GDPR); Compliance with a legal obligation (Article 6 (1) (c) GDPR); Legitimate interests (Article 6 (1) (f) GDPR).

 

Further information on processing, procedures and services:

  • Economic analyses and market research: For business reasons and in order to be able to recognise market trends and the wishes of contractual partners and users, we analyse the data available to us on business transactions, contracts, enquiries, etc., whereby the group of persons concerned may include contractual partners, interested parties, customers, visitors and users of our online services. The analyses are carried out for the purpose of business evaluations, marketing and market research (e.g. to determine customer groups with different characteristics). In doing so, we may take into account the profiles of registered users, if available, including their details, e.g. on services used. The analyses serve us alone and are not disclosed externally, unless they are anonymous analyses with summarised, i.e. anonymised, values. Furthermore, we respect the privacy of users and process the data for analysis purposes as pseudonymously as possible and, if feasible, anonymously (e.g. as summarised data); legal basis: legitimate interests (Art. 6 para. 1 sentence 1 lit. f) GDPR).
  • Agency services: We process our customers‘ data as part of our contractual services, which may include, for example, conceptual and strategic advice, campaign planning, software and design development/advice or maintenance, implementation of campaigns and processes, handling, server administration, data analysis/advice and training services; legal bases: performance of a contract and prior requests (Article 6 (1) (b) GDPR).

Provision of online services and web hosting

We process users‘ data in order to provide them with our online services. For this purpose, we process the user’s IP address, which is necessary to transmit the content and functions of our online services to the user’s browser or end device.

  • Processed data types: Usage data (e.g. websites visited, interest in content, access times); Meta, communication and process data (e.g. IP addresses, time information, identification numbers, consent status).
  • Data subjects: Users (e.g. website visitors, users of online services).
  • Purposes of processing: Provision of our online services and user-friendliness; Information technology infrastructure (operation and provision of information systems and technical devices (computers, servers, etc.)); Security measures.
  • Legal basis: Legitimate interests (Art. 6 para. 1 sentence 1 lit. f) GDPR).
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Further information on processing, procedures and services:

  • Collection of access data and log files: Access to our online services is logged in the form of so-called ‘server log files’. The server log files may include the address and name of the accessed websites and files, the date and time of access, the amount of data transferred, a notification of successful access, the browser type and version, the user’s operating system, the referrer URL (the previously visited page) and, as a rule, IP addresses and the requesting provider. The server log files can be used for security purposes, e.g. to avoid overloading the servers (especially in the case of abusive attacks, so-called DDoS attacks), and to ensure the utilisation of the servers and their stability. Legal basis: Legitimate interests (Art. 6 para. 1 sentence 1 lit. f) GDPR); Deletion of data: Log file information is stored for a maximum of 30 days and then deleted or anonymised. Data whose further storage is required for evidentiary purposes is excluded from deletion until the respective incident has been definitively clarified.
  • ALL-INKL: Services in the field of providing information technology infrastructure and related services (e.g. storage space and/or computing capacity);
  • service provider: ALL-INKL.COM – Neue Medien Münnich, owner: René Münnich, Hauptstraße 68, 02742 Friedersdorf, Germany;
  • Legal basis: Legitimate Interests (Article 6 (1) (f) GDPR);
  • Website: https://all-inkl.com/;
  • Privacy Policy: https://all-inkl.com/datenschutzinformationen/;
  • Data Processing Agreement: Provided by the service provider.


Contact and enquiry management

When you contact us (e.g. by post, contact form, email, telephone or via social media) and in the context of existing user and business relationships, the information provided by the enquiring persons is processed to the extent necessary to answer the contact enquiries and any requested measures.

  • Processed data types: Contact data (e.g. e-mail, telephone numbers); Content data (e.g. text input, photographs, videos); Usage data (e.g. websites visited, interest in content, access times); Meta and communication data (e.g. device information, IP addresses, time stamp, identification numbers, consent status).
  • Data subjects: Communication partners.
  • Purposes of processing: Contact requests and communication; Managing and responding to inquiries; Feedback (e.g. collecting feedback via online form); Provision of our online services and usability.
  • Legal basis: Legitimate interests (Article 6 (1) (f) GDPR); Performance of a contract and prior requests (Article 6 (1) (b) GDPR).


Further information on processing, procedures and services:

  • Contact form: If users contact us using our contact form, email or other means of communication, we process the data provided to us in this context in order to deal with the matter in question; legal basis: performance of a contract and prior requests (Art. 6 (1) (b) GDPR), legitimate interests (Art. 6 (1) (f) GDPR).


Web analysis, monitoring and optimisation

The web analysis (also referred to as ‘reach measurement’) is used to evaluate the flow of visitors to our online offering and may include behaviour, interests or demographic information about visitors, such as age or gender, as pseudonymous values. With the help of reach analysis, we can, for example, identify at what time our online offering or its functions or content are most frequently used or invite reuse. We can also identify which areas require optimisation.

In addition to web analysis, we can also use test procedures to test and optimise different versions of our online services or their components.

Unless otherwise stated below, profiles, i.e. data summarised for a usage process, can be created for these purposes and information can be stored in a browser or in a terminal device and read out of it. The information collected includes, in particular, websites visited and the elements used there, as well as technical information such as the browser and computer system used and information on times of use. If users have agreed to the collection of their location data vis-à-vis us or vis-à-vis the providers of the services we use, location data may also be processed.

The IP addresses of users are also stored. However, we use an IP masking procedure (i.e., pseudonymisation by shortening the IP address) to protect users. In general, no clear user data (such as email addresses or names) is stored in the context of web analysis, A/B testing and optimisation, but pseudonyms. This means that we, as well as the providers of the software used, do not know the actual identity of the users, but only the information stored in their profiles for the purposes of the respective procedures.

  • Processed data types: Usage data (e.g. websites visited, interest in content, access times); Meta, communication and process data (e.g. IP addresses, time information, identification numbers, consent status).
  • Data subjects: Users (e.g. website visitors, users of online services).
  • Purposes of processing: Reach measurement (e.g. access statistics, recognition of returning visitors); profiles with user-related information (creation of user profiles); tracking (e.g. interest/behavioural profiling, use of cookies); provision of our online services and user-friendliness.
  • Security measures: IP masking (pseudonymisation of the IP address).
  • Legal basis: Consent (Art. 6 (1) (a) GDPR).


Further information on processing, procedures and services:

  • Google Tag Manager: Google Tag Manager is a solution that we use to manage so-called website tags through a single interface and to integrate other services into our online offering (please refer to further information in this data protection declaration). The Tag Manager itself (which implements the tags) therefore does not create user profiles or store cookies, for example. Google only learns the user’s IP address, which is necessary to run the Google Tag Manager;
  • Service provider: Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland;
  • Legal basis: Consent (Art. 6 para. 1 sentence 1 lit. a) GDPR);
  • Website: https://marketingplatform.google.com;
  • Privacy Policy: https://policies.google.com/privacy;
  • Data processing agreement: https://business.safety.google/adsprocessorterms;
  • standard contractual clauses (ensuring the level of data protection when processing data in third countries): https://business.safety.google/adsprocessorterms.


Online marketing

We process personal data for online marketing purposes, which may include, in particular, the marketing of advertising space or the presentation of advertising and other content (collectively referred to as ‘content’) based on the potential interests of users and the measurement of its effectiveness.

For these purposes, so-called user profiles are created and stored in a file (so-called ‘cookie’) or similar procedures are used, by means of which the information relevant to the user for the presentation of the aforementioned content is stored. This information may include, for example, content viewed, websites visited, online networks used, but also communication partners and technical information such as the browser used, the computer system used and information on times of use and functions used. If users have consented to the collection of their location data, this data can also be processed.

The IP addresses of users are also stored. However, we use available IP masking procedures (i.e., pseudonymisation by shortening the IP address) to protect users. Generally, no clear user data (such as email addresses or names) is stored as part of the online marketing process, but pseudonyms are. This means that we, as well as the providers of the online marketing process, do not know the actual identity of the users, but only the information stored in their profiles.

The information in the profiles is usually stored in cookies or by means of similar processes. These cookies can later generally be read on other websites that use the same online marketing process, analysed for the purpose of displaying content, supplemented with additional data and stored on the server of the online marketing process provider.
In exceptional cases, plain text data can be assigned to the profiles. This is the case, for example, if users are members of a social network that uses our online marketing process and the network links the user profiles with the aforementioned information. Please note that users can make additional agreements with the providers, e.g. by giving their consent during registration.
We only have access to summarised information about the success of our advertisements. However, we can use so-called conversion measurements to check which of our online marketing methods have led to a so-called conversion, i.e. to the conclusion of a contract with us. The conversion measurement is used solely to analyse the success of our marketing measures.
Unless otherwise stated, we ask you to assume that the cookies used are stored for a period of two years.

Processed data types: Usage data (e.g. websites visited, interest in content, access times); Meta, communication and process data (e.g. IP addresses, time information, identification numbers, consent status).

  • Data subjects: Users (e.g. website visitors, users of online services).
  • Purposes of Processing: Web Analytics (e.g. access statistics, recognition of returning visitors); Targeting (e.g. profiling based on interests and behaviour, use of cookies); Marketing; Profiles with user-related information (Creating user profiles); Conversion tracking (Measurement of the effectiveness of marketing activities).
  • Security Measures: IP masking (pseudonymisation of the IP address).
  • Legal basis: Consent (Art. 6 para. 1 sentence 1 lit. a) GDPR); Legitimate interests (Art. 6 para. 1 sentence 1 lit. f) GDPR).
  • Right to object (opt-out): We refer you to the data protection notices of the respective providers and the options for objecting (so-called ‘opt-out’) to the providers. If no explicit opt-out option has been provided, you have the option of disabling cookies in your browser settings. However, this may restrict the functions of our online services. We therefore recommend the following additional opt-out options, which are offered collectively for each respective area:
  • a) Europe: https://www.youronlinechoices.eu.
  • b) Canada: https://www.youradchoices.ca/choices.
  • c) USA: https://www.aboutads.info/choices.
  • d) Cross-regional: https://optout.aboutads.info.

 

  • Further information on processing, procedures and services:

    • Google Ads and conversion measurement: online marketing procedures for the purpose of placing content and ads within the service provider’s advertising network (e.g. in search results, in videos, on websites, etc.) so that they are displayed to users who have a presumed interest in the ads. In addition, we measure the conversion of the ads, i.e. whether users have taken them as an opportunity to interact with the ads and use the advertised offers (so-called conversion). However, we only receive anonymous information and no personal information about individual users;
    • Service provider: Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland;
    • Legal basis: Consent (Art. 6 (1) 1 (a) GDPR), Legitimate interests (Art. 6 (1) 1 (f) GDPR);
    • Website:https://marketingplatform.google.com;
    • Privacy Policy: https://policies.google.com/privacy;
    • Additional Information: Types of Processing and Processed Data: https://privacy.google.com/businesses/adsservices;
    • Data Processing Terms Between Controllers and Standard Contractual Clauses for Third Country Data Transfers: https://privacy.google.com/businesses/adsservices;


    Plugins and embedded functions and content

    We incorporate functional and content elements into our online offering that are obtained from the servers of their respective providers (hereinafter referred to as ‘third-party providers’). These may be, for example, graphics, videos or city maps (hereinafter uniformly referred to as ‘content’).

    The integration always requires that the third-party providers of this content process the IP address of the users, since without the IP address they would not be able to send the content to their browser. The IP address is therefore required for the presentation of these contents or functions. We endeavour to use only such content from providers who use the IP address solely for the delivery of the content. Third-party providers may also use so-called pixel tags (invisible graphics, also known as ‘web beacons’) for statistical or marketing purposes. Pixel tags allow information such as visitor traffic on the pages of this website to be analysed. The pseudonymous information may also be stored in cookies on the user’s device and may include, among other things, technical information about the browser and operating system, referring websites, time of visit and other information about the use of our online services.

    • Processed data types: Usage data (e.g. websites visited, interest in content, access times); Meta, communication and process data (e.g. IP addresses, time information, identification numbers, consent status).
    • Data subjects: Users (e.g. website visitors, users of online services).
    • Purposes of processing: Provision of our online services and user-friendliness.
    • Legal basis: Legitimate interests (Art. 6 para. 1 sentence 1 lit. f) GDPR).
    •  

    Further information on processing, procedures and services:

    • Google Fonts (provision on own server): provision of font files for the purpose of a user-friendly presentation of our online offer; service provider: the Google Fonts are hosted on our server, no data is transmitted to Google; legal basis: legitimate interests (Art. 6 para. 1 sentence 1 lit. f) DSGVO).
    • Font Awesome (provision on own server): display of fonts and symbols; service provider: the Font Awesome icons are hosted on our server, no data is transmitted to the Font Awesome provider; legal basis: legitimate interests (Art. 6 para. 1 sentence 1 lit. f) GDPR).


Amendments and updates to the data protection declaration

We ask you to regularly review the content of our data protection declaration. We will amend the data protection declaration as soon as changes to the data processing we carry out make this necessary. We will inform you as soon as the changes require an act of cooperation on your part (e.g. consent) or any other individual notification.

If we provide addresses and contact information for companies and organisations in this data protection declaration, please note that the addresses may change over time and please check the information before contacting us.

Rights of the data subjects

As data subjects, you have various rights under the GDPR, which arise in particular from Articles 15 to 21 of the GDPR:

  • Right to object: You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on point (e) or (f) of Article 6(1) of the GDPR, including profiling based on those provisions. Where personal data concerning you are processed for direct marketing purposes, you have the right to object at any time to processing of personal data concerning you for such marketing, which includes profiling to the extent that it is related to such direct marketing.
  • Right to revoke consent: You have the right to revoke consent at any time.
  • Right of access: You have the right to request confirmation as to whether the data in question is being processed and to request information about this data, as well as further information and a copy of the data in accordance with legal requirements.
  • Right to rectification: You have the right, in accordance with the law, to request the completion of data concerning you or the rectification of inaccurate data concerning you.
  • Right to erasure and restriction of processing: You have the right, in accordance with the law, to request that data concerning you be erased immediately or, alternatively, to request that the processing of the data be restricted in accordance with the law.
  • Right to data portability: You have the right to receive the data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format or to demand its transmission to another controller in accordance with the legal requirements.
  • Complaints to the supervisory authority: Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you infringes the provisions of the GDPR.

Legal Notice

Information provided in accordance with section 5 of the TMG

Lachmund Law
Anne Lachmund
Bergmannstraße 108
10961 Berlin


Contact
Telephone: +49 30 91432015
Email: kontakt@lachmund-law.de

Tax number
14/409/02035


Information on professional indemnity insurance

Name and registered office of insurer: R+V Allgemeine Versicherung AG

Scope of insurance: Europe

Niedersachsenring 13, 30163 Hannover


Chief authorised representative

Anne Lachmund

Legal job title

Lawyer, awarded in the Federal Republic of Germany


Competent bar association and supervisory authority

Berlin Bar Association

Littenstraße 9, 10179 Berlin


Professional regulations
BRAO – Federal Lawyers‘ Act
BORA – Professional Code of Conduct for Lawyers
RVG – Lawyers’ Fees Act
FAO – Specialist Lawyers‘ Act
RAVPV – Regulation on the Directory of Lawyers and the special electronic lawyer mailboxes

The provisions can be viewed online on the website of the Federal Chamber of Lawyers: https://www.brak.de/anwaltschaft/berufsrecht/#tdg


EU dispute resolution

The European Commission provides a platform for online dispute resolution (OS):

https://ec.europa.eu/consumers/odr/.

Our e-mail address can be found above in the imprint.


Consumer dispute resolution/universal arbitration board

We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.


Disclaimer

The information on this website is for general information purposes only and does not constitute legal advice. Although we endeavour to keep the information contained on this website up to date and correct, we cannot guarantee the accuracy, completeness or timeliness of the information provided. We do not accept any liability for actions or omissions taken or omitted on the basis of the information provided on this website. We do not accept any liability for damages resulting from the use of the information provided on this website.