Processing of personal data
in accordance with Articles 13, 14 and 21 of the General Data Protection Regulation (GDPR)
1. reason for the survey
The Bad Tölz-Wolfratshausen District Office collects data in the course of issuing a permit under catering law.
2. contact details of the person responsible
Bad Tölz-Wolfratshausen District Office
Prof.-Max-Lange Platz 1
83646 Bad Tölz
Phone: 08041/505-0
E-mail: info@lra-toelz.de
3. contact details of the data protection officer
Bad Tölz-Wolfratshausen District Office
Data Protection Officer
Thomas Schallhammer
Prof.-Max-Lange-Platz 1
83646 Bad Tölz
Phone: 08041/505-263
E-mail: datenschutzbeauftragter@lra-toelz.de
4. purposes and legal bases of data processing
The data is collected for the purpose of issuing a permit for the operation of a pub or restaurant.
The processing is carried out on the basis of Art. 6 para. 1 sentence 1 letters c and e GDPR, Art. 4 Bavarian Data Protection Act (BayDSG) in conjunction with
- Hospitality Act (GastG)
- Bavarian Restaurant Ordinance (BayGastV)
- Consumer Information Act (VIG)
5. categories of personal data that are processed
The public authority processes personal data of holders of or applicants for a restaurant license and addressees of inspection measures or orders. Personal master data (surname, first name, name/date/place of birth, nationality, address (business and private address), contact details, details of the business and business premises, rental and lease agreements, other necessary information such as professional activity, fines, criminal proceedings, trade prohibition proceedings, affidavits, evidence and instructions) are processed.
6. sources of the data
If the data does not originate from the data subjects themselves, it is transmitted by other authorities, police stations or other communicators. Central registers such as GEWAN (procedure for business registrations, transfers and deregistrations), TIZIAN (central and uniform database for food, veterinary and animal feed control by the health administration) and the central trade register and certificate of good conduct (Federal Office of Justice) also serve as sources of information.
7. recipients or categories of recipients of the personal data
Your personal data is processed within the authority by the employees of Department 72 (Catering and Food Law), the district cash office, IT department, auditing department and selected processors. The Bavarian State Office for Health and Food Safety, the Government of Upper Bavaria and the Bavarian State Ministry for the Environment and Consumer Protection are also involved. It may also be necessary to disclose the data to courts, public prosecutors, security authorities, police, etc. The data must be made available to legal representatives as well as other parties to the proceedings, tax advisors, lawyers, insolvency advisors and the tax office.
8. transfer of personal data to a third country
The transfer of data to a third country is not intended.
9. duration of the storage of personal data
The retention period is based on the standardized file plan for Bavarian municipalities and district offices (EAPlAufbew). A 10-year retention period is provided for (8230) Restaurant law, (8231) Pubs, restaurants, lodging establishments and (8232) Beverage dispensing facilities under AplZ (file number) 823 (Restaurant industry). The note "after expiry of the permit" is also attached under AplZ 8231. By way of derogation, a 5-year retention period is stipulated for permits for temporary restaurant operations (8233) and wine taverns (8234). If special laws provide for other periods, deletion is based on the relevant statutory provisions.
10. rights of data subjects
According to the General Data Protection Regulation, you have the following rights: If your personal data is processed, you have the right to obtain information about the personal data stored about you (Art. 15 GDPR). If incorrect personal data is processed, you have the right to rectification (Art. 16 GDPR). If the legal requirements are met, you can request the erasure or restriction of processing and object to processing (Art. 17, 18 and 21 GDPR). If you have consented to data processing or a contract for data processing exists and the data agreement is carried out using automated procedures, you may have a right to data portability (Art. 20 GDPR). If you make use of your above-mentioned rights, the public body will check whether the legal requirements for this are met.
You also have the right to lodge a complaint with the Bavarian State Commissioner for Data Protection. You can reach him under the following contact details:
Postal address: P.O. Box 22 12 19, 80502 Munich
House address: Wagmüllerstraße 18, 80538 Munich
11. obligation to provide the data
The provision of data is mandatory. If information is not provided, official services are not guaranteed.