(SAMPLE)

Formal obligation
for employees and subcontractors (freelancers)
of Eurolingua und Interlingua Übersetzungen GmbH & Co. KG

to maintain confidentiality and to observe

  1. personal data protection in accordance with the General Data Protection Regulation (GDPR),
  2. social data protection in accordance with German Social Code Book I (SGB I) and German Social Code Book X (SGB X) as well as
  3. professional, trade and business secrecy in accordance with the German Act Against Unfair Competition (UWG)

Responsible party
Eurolingua und Interlingua Übersetzungen GmbH & Co. KG,
Hohe Straße 45, 44139 Dortmund
represented by its managing directors

– Responsible party –

……………………………………………………………

– Obligated person –

Based on your role/responsibilities with us, I require you to comply with the following:

I. Personal data

You are prohibited from processing personal data without authorisation in accordance with § 4 par. 1 of the General Data Protection Regulation (GDPR). The principles of the General Data Protection Regulation (GDPR) for the processing of personal data are defined in § 5 par. 1 of the General Data Protection Regulation (GDPR) and essentially include the following obligations:

Personal data must be:

  1. processed lawfully and in a manner that is transparent to the data subject;
  2. collected for specified, explicit and legitimate purposes and not be further processed in a way incompatible with those purposes;
  3. adequate and relevant to the purpose as well as limited to what is necessary for the purposes of the processing (“data minimisation”);
  4. factually correct and, where necessary, kept up to date; all reasonable steps must be taken to ensure that personal data, which is inaccurate in relation to the purposes for which it is processed, is erased or rectified without delay;
  5. stored in a form which permits identification of the data subjects for no longer than is necessary for the purposes for which the personal data is processed;
  6. processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against unintentional loss, destruction or damage through appropriate technical and organisational measures (“integrity and confidentiality”).

Furthermore, I require you to comply with the following:

  1. Documents handed over as part of a translation order must be stored by you with access protection. Confidentiality must be guaranteed during translation / editing. In particular, it must be ensured that personal data is not accessed, changed or erased without authorisation. Security measures must be taken for the PC (virus protection, firewall). Translations stored on the PC or other data carriers must be protected with a password.
  2. After the task has been completed or if the need for task fulfilment no longer applies, the paper documents must be returned or properly destroyed. You must carry out data protection-compliant erasure on the PC or on other storage media if the need for storage no longer applies. The submitted documents may only be used for the intended purpose of the translation.
  3. According to § 3 par. 9 of the Federal Data Protection Act (BDSG), so-called sensitive data containing information on racial and ethnic origin, political opinion, religious or philosophical beliefs, trade union membership, health or sex life, enjoy special protection.
  4. The relevant provisions of the current version of the EU General Data Protection Regulation (GDPR) must be complied with, even if this obligation does not explicitly refer to them.

II. Social data

  1. According to § 67 par. 1 of the German Social Code Book X (SGB X) social data is individual details about personal or factual circumstances of an identified or identifiable natural person that are collected, processed or used by a body referred to in § 35 of the German Social Code Book I (SGB I) with regard to its tasks under this code. Whether the information in question appears worthy of protection or not is irrelevant.
  2. In accordance with § 78 par. 1 sentences 2 & 3 of the German Social Code Book X (SGB X) you are prohibited from storing, modifying, transmitting, blocking and erasing the social data that has become known to you in connection with the processing of orders placed with the responsible party without authorisation. This relates to records, documents, medical documents that are entrusted to the responsible party by the social-law service providers for the fulfilment of their statutory duties for the purpose of translation.
  3. You are obligated to inform the responsible party immediately if you discover any faults, defects or other irregularities. This applies in particular to suspected data protection violations.
  4. In the event that subcontractors accept translation orders placed by the responsible party under framework agreements, they agree in principle to be obligated by the responsible party’s customer in accordance with the law on formal obligation of non-civil servants if this is requested by the latter.
  5. Violations of social confidentiality can be punished with imprisonment or a fine in accordance with §§ 85a of the German Social Code Book X (SGB X) and other criminal provisions.

III. Trade and business secrets

You are prohibited from disclosing trade and business secrets, i.e. circumstances and processes, in other words, technical and commercial information that is not in the public domain but accessible to a specific group of people, to non-initiated persons.

A violation may also constitute a breach of employment contract obligations or specific confidentiality obligations. Claims for damages (under civil law) may also arise from culpable breaches of this obligation. Your confidentiality obligation resulting from the employment or service contract or separate agreements is not affected by this declaration.

In the event of a violation of data protection, there are sanctions in accordance with the GDPR (General Data Protection Regulation), the Federal Data Protection Act (new) and the Criminal Code, as can also be seen from the enclosed extracts.

This obligation continues to apply without time limit and even after your role has ended.

I acknowledge this obligation and I have received a copy of said obligation.

Place, Date: ________________________

__________________________________

Signature of the obligated party

Place, date: Dortmund,

__________________________________