Legal notice

Company name:
Auer Bodingbauer Leitner Stöglehner Rechtsanwälte OG

Street: Spittelwiese 4
Town: A-4020 Linz
Telephone number: +43 732 276222
Fax number: +43 732 276222 99
Email: office@abls.at

VAT number: ATU74542426
Commercial register number: FN 525284b of the Regional Court of Linz

Bank details: Allg. Sparkasse OÖ Bank AG
IBAN: AT11 2032 0321 0051 4665, BIC: ASPKAT2LXXX

Disclosure requirements pursuant to Section 5 of the ECG:
Applicable professional regulations:
RAO, EuRAG, RATG, AHK, RL-BA, DSt, available via the Federal Legal Information System: 
www.ris.bka.gv.at or 
www.rechtsanwaelte.at
Framework Rules of Arbitration for Members of the Upper Austrian Bar Association

Below you will find further details about the data processing activities we carry out:

 

Privacy Policy / Information Obligation

I. Controller

Auer Bodingbauer Leitner Stöglehner Rechtsanwälte OG, Spittelwiese 4, 4020 Linz, 0732/276222, office@abls.at
As we are not legally required to do so, we have not appointed a data protection officer with the Data Protection Authority.

II. Categories of Data Processing, Purpose, and Legal Basis

1. The following data processing activities are carried out in our law firm, in particular on the basis of legal requirements, consent, or contracts, for the following purposes:

  • Client and opposing party files
  • Personnel and applicant management
  • Electronic enforcement applications (electronic legal communication)
  • Electronic lawsuits concerning monetary claims (electronic legal communication)
  • Other electronic submissions in civil court proceedings (electronic legal communication)
  • Self-assessment of real estate transfer tax, gift tax, and other transaction taxes
  • Service recording
  • Third-party funds accounting
  • Administration of insolvency proceedings, settlements, and bankruptcies
  • Law firm administration
  • Marketing

The data is protected in accordance with the current state of technology, taking into account confidentiality, integrity, resilience, availability, and the respective type of data.

2. Scope of processing

The data processing primarily relates to the attorney’s right of representation on behalf of clients, which extends to all courts and authorities in the Republic of Austria and includes professional legal representation in all judicial and extrajudicial public and private matters (§ 8 RAO).

The processing also relates to the lawyer’s legal obligations regarding the particularly high risk of money laundering (§ 165 Austrian Criminal Code) and terrorist financing (§ 278d Austrian Criminal Code). Therefore, all transactions must be carefully reviewed where the lawyer conducts financial or real estate transactions in the name and on behalf of the client or participates in their planning or execution (§ 8a RAO).

The lawyer is also obligated to verify the identity of the client and the beneficial owner, and determine whether the client is a politically exposed person pursuant to § 8f para. 2 RAO, a family member of such a person, or a person known to be closely associated with such a person.

3. Marketing purposes

Data processing for marketing purposes is carried out solely for the law firm’s own purposes. The data is initially obtained either from publicly accessible sources or directly from the client. The legal basis is consent, which may be revoked at any time, or a contract.

4. Processing of third-party data

The processing of third-party data (litigation/procedural opponents or debtors of the client) is carried out solely for the defense or enforcement of the client’s legal claims. The data is provided either by the client, courts, or authorities.

The legal basis for processing is:

  • Art. 6 para. 1 lit. e and f GDPR
  • Art. 9 para. 2 lit. f GDPR
  • Art. 10 GDPR
  • § 4 para. 3 Austrian Data Protection Act (DSG)

5. Personnel/employee administration

The processing of employee data is carried out solely to fulfill obligations arising from labor law, social security law, and social protection law. Information obligations pursuant to Art. 13 GDPR are fulfilled in employment contracts or other employment documentation.

6. Law firm administration

The processing of personal data is necessary within the framework of law firm administration for handling client mandates, invoicing legal fees, and managing fiduciary services.


III. Duty of Confidentiality

Lawyers are legally obligated to maintain confidentiality regarding all matters entrusted to them and all facts learned in their professional capacity where secrecy is in the interest of the client (§ 9 RAO).

To the extent necessary to safeguard client protection, the rights and freedoms of others, or the enforcement of civil law claims, the data subject may not invoke the rights under Articles 12–22 GDPR (data subject rights) and Article 34 GDPR (data breach notification).

Employees of the law firm are also bound to confidentiality pursuant to § 6 DSG.


IV. Categories of Personal Data Processed and Source/Origin

1. Data categories

Only the personal data necessary for legal representation and advice is processed regarding litigation/procedural opponents or debtors, including in particular:

  • Master data
  • Employment status
  • Data for calculating minimum subsistence levels
  • Maintenance obligations
  • Restrictions on legal capacity

2. Source/origin of the data

The data is provided either by the client, courts, or authorities, or obtained from publicly accessible sources, particularly:

  • Websites and legal notices
  • Commercial register
  • Land register
  • Publicly accessible intellectual property databases

V. Recipients / Categories of Recipients

Personal data is disclosed, to the extent necessary, to:

  • Authorities and courts
  • Data processors, especially IT service providers and providers of law firm management software

The law firm fulfills its obligations under Articles 24 and 25 GDPR and ensures compliance by processors pursuant to Articles 28 and 29 GDPR.

Data is also shared with representatives of opposing parties where necessary for carrying out legal representation mandates.


VI. Data Transfer to Third Countries / Automated Decision-Making

No data is transferred to third countries or international organizations. Likewise, no automated decision-making, including profiling pursuant to Art. 22 GDPR, takes place.


VII. Retention Period

Under § 12 RAO, the general retention period is 5 years after termination of representation or the contractual relationship.

For records relating to transactions covered by § 8a para. 1 RAO, retention may extend up to 10 years.

Longer retention periods apply only where required by law or contract. Data is retained for the duration of legal proceedings.

Data relevant under § 132 Austrian Federal Fiscal Code (BAO) must be retained for 7 years.

Data concerning wills is retained until revoked.

Otherwise, data is stored only as long as necessary for defending or asserting legal claims.


VIII. Rights of Data Subjects

You have the following rights:

  • Right of access (Art. 15 GDPR)
  • Right to rectification (Art. 16 GDPR)
  • Right to erasure (Art. 17 GDPR)
  • Right to restriction of processing (Art. 18 GDPR)
  • Right to data portability (Art. 20 GDPR)
  • Right to object (Art. 21 GDPR)

If you have given consent for the processing of your personal data, you may revoke this consent at any time. Revocation does not affect the lawfulness of processing carried out before the revocation.

To exercise your rights, contact:

  • by email: office@abls.at
  • or by mail: Auer Bodingbauer Leitner Stöglehner Rechtsanwälte OG, Spittelwiese 4, 4020 Linz

Please note that we can only provide information if you can identify yourself.

If you believe that data processing violates applicable data protection law or your data protection rights, you have the right to lodge a complaint with the supervisory authority:

Wickenburggasse 8
1080 Vienna, Austria


IX. Cookies and Web Analytics Services

Our website uses the web analytics service Google Analytics. Google Analytics uses so-called “cookies,” small text files stored on your device via your browser. These enable us to analyze website usage.

The generated data is transmitted to and stored on the provider’s servers.

Cookies are only used once you have given consent. Cookies strictly necessary for communication transmission or providing services expressly requested by you may also be used without consent.

You may configure your browser settings to prevent cookies from being stored.

Purpose

  • Improvement of services
  • Website optimization
  • Direct advertising

Legal basis

  • Consent (Art. 6 para. 1 lit. a GDPR)
  • Contract performance / pre-contractual measures (Art. 6 para. 1 lit. b GDPR)
  • Legitimate interest (Art. 6 para. 1 lit. f GDPR)
  • § 96 para. 3 Austrian Telecommunications Act (TKG)

Data collected

  • IP address

Retention period

  • 26 months

Recipient

  • Google Analytics (a data processing agreement has been concluded)

You have the right, on grounds relating to your particular situation, to object at any time to processing based on legitimate interests pursuant to Art. 21 GDPR.

Further details on exercising this right are described in Section VIII.


Google Analytics & Cookies

This website uses Google Analytics, a web analytics service provided by Google Inc. (“Google”). Google Analytics uses cookies to analyze website usage. Information generated by the cookie about your use of the website (including your IP address) is transmitted to and stored by Google on servers in the United States.

Google uses this information to evaluate website usage, compile reports for website operators, and provide other services related to website and internet usage.

Google may also transfer this information to third parties where legally required or where third parties process the data on Google’s behalf.

Google will not associate your IP address with any other Google data.

You can prevent the installation of cookies through browser settings, though this may limit website functionality.

By using this website, you consent to the processing of your data by Google in the manner and for the purposes described above.

If Google AdSense advertisements are displayed on this website, your browser may store cookies from Google or third parties. Information stored in these cookies may be recorded, collected, and evaluated.

Google AdSense may also use “web beacons” (small invisible graphics) to record and analyze visitor traffic.

Information generated through cookies and/or web beacons about your use of this website may be transmitted to and stored on servers in the United States.

Google uses this information to analyze user behavior in relation to AdSense advertisements.

Google may transfer this information to third parties if legally required or if third parties process the data on Google’s behalf.

Google will not associate your IP address with other Google data.

You can prevent the storage of cookies and the display of web beacons by selecting “do not accept cookies” in your browser settings.

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