A. Responsible body 

FS-PP Berlin
Frank Auffermann Vogel Albrecht
Partnerschaft von Rechtsanwälten mbB
Potsdamer Platz 8
10117 Berlin

Telefon 030/31 86 85-3
Telefax 030/31 86 85-55

E-Mail This email address is being protected from spambots. You need JavaScript enabled to view it.

You can contact our data protection officer directly:
E-Mail: This email address is being protected from spambots. You need JavaScript enabled to view it. 

FS-PP Berlin Part mbB is a partnership company with limited professional liability in accordance with the Partnerschaftsgesellschaftsgesetzes.

B. Processing

1. Description and scope of processing

a) The reporting channel

FS-PP Berlin provides as ombudsperson / trusted lawyer function and assumes the function as a reporting channel within the meaning of § 16 Whistleblower Protection Act (HinSchG) of the internal reporting offices of their contractual partners. Whistleblowers transmit reports orally or in text form to FS-PP Berlin. FS-PP Berlin reviews whether the reports give rise to the initial suspicion of a violation of the law or a violation of an inhouse-rule. The result is documented.

If the notice falls within the scope of application of the whistleblower protection law according to §§ 1 and 2 HinSchG, FS-PP Berlin complies with the confidentiality requirement according to § 8 HinSGhG when processing the notice, as well as the specifications for documentation according to §§ 8, 11 HinSchG. In other cases, the internal company regulations of the contractual partner will apply.

b) The internal reporting office 

For many clients, FS-PP Berlin also acts as the internal reporting office function within the meaning of § 13 HinSchG. FS-PP Berlin therefore carries out the procedure as defined by §§ 8, 17 HinSchG and takes appropriate follow-up measures as defined by § 18 HinSchG. Personal data may be collected and processed by the contractual partner or third parties, in particular in the context of internal investigations (e.g. in the context of interviews with employees).

FS-PP Berlin also processes the data in an investigation report. The investigation report or parts of the results of the investigation may be transmitted to the contracting party and to the competent authorities if necessary.

2. Purposes and legal basis of the processing

FS-PP Berlin processes personal data within the scope of the HinSchG exclusively for the purpose of fulfilling the tasks as ombudsperson / trusted lawyer function/ internal reporting point or for an internal investigation within the meaning of § 16 HinSchG as well as in the case of corresponding assignment as internal reporting office within the meaning of § 13 HinSchG. 

The legal basis for processing is Art. 6 I c) DSGVO in conjunction with §§ 10, 13 Abs. 1 HinSchG, insofar as the notification falls within the scope of the HinSchG and FS-PP Berlin is subject to the legal obligation to carry out data processing as a special notification channel of the internal reporting office of its contractual partners. Furthermore, the legal basis for the processing of personal data is Art. 6 I f) DSGVO.

FS-PP Berlin has a legitimate interest in examining, evaluating and documenting incoming reports on the basis of its position as an Ombudsperson or as an internal reporting point for its contractual partners. If FS-PP Berlin acts as an internal reporting office, there is a legitimate interest in implementing the follow-up measures provided for by the legislator in accordance with § 18 HinSchG. FS-PP Berlin has a legitimate interest in removing obviously irrelevant information from an advisory message.

In addition, we have a legitimate interest in the processing of personal data in the context of the operation of a postal box and the communication with whistleblowers. In addition, there is a legitimate interest in advising our clients in the context of the mandate relationship with us and in carrying out the necessary processing of personal data.

We also have a legitimate interest in passing on to our client the potential violations reported by a whistleblower if the whistleblower has consented to the disclosure. In this case our client is the recipient of the personal data in accordance with Art. 13 I e) DSGVO. The results of the tests may also be submitted to a competent authority. 

3. Categories of data 

FS-PP Berlin processes personal data that a whistleblower transmits to us in the context of their reporting or subsequent communication. The categories of the processed data only result from the respective message. Possible categories of data may include for example, contact data, employee data and particularly sensitive data within the meaning of Art. 9 DSGVO.

If FS-PP Berlin has also taken over the tasks of an internal reporting office in accordance with § 13 HinSchG, we may collect data from the employer or from the respective organizational unit in accordance with § 18 Nr. 1 HinSchG. 

4. Storage time

In accordance with the professional retention obligation pursuant to § 50 (1) sentences 2 and 3 of the Federal Lawyers' Act (BRAO) FS-PP Berlin will store data for a period of at least six years from the end of the year in which the report is received. Subsequently, any personal data will be deleted as soon as they are no longer necessary for the purpose for which they were collected.

5. Recipients of your data

Within FS-PP Berlin, the employees only receive access to personal data, with which they need to fulfil their contractual or legal obligations. In this context, IT service providers used by us can also be granted access to personal data.

All service providers are contractually obliged by FS-PP Berlin to treat personal data confidentially. If necessary, FS-PP Berlin will arrange an agreement with all service providers on order processing. FS-PP Berlin has integrated the following categories of service providers:

  • IT service providers for maintenance and IT security
  • Hosting service providers
  • Service provider for destroying the data

 The result of the examination of a notification by the whistleblower as well as the result of an internal investigation can be forwarded to the contractual partner's internal reporting office, the competent authority in accordance with the HinSchG or the competent state authority, in particular to state investigating authorities. Our contractual partners are legally obliged to inform the accused persons that we have received a notice about them as soon as this information no longer jeopardizes the internal investigations. The identity of the persons involved shall not be disclosed to the extent legally permissible.

There is no transfer of personal data to a third country (outside the European Union). 

C. The FS-PP BKMS-System

 The whistleblowers have the option of transmitting their reports via the FS-PP BKMS° system to FS-PP Berlin, insofar as this has been agreed on with the contractual partners or the contractual partners have commissioned the provider Business Keeper GmbH / EGS AG themselves.

The BKMS° Incident Reporting developed by Business Keeper ensures a high level of protection for the data in the whistleblower system through an encryption and authorization concept. BKMS° Incident Reporting also offers whistleblowers the opportunity to submit their information anonymously and to anonymously correspond with FS-PP Berlin via a post box.

a) Order processing 28 DSGVO

The BKMS-System is operated by

Business Keeper GmbH
EQS Group AG
Karlstr. 47
80333 München

Personal data and information that you enter into the BKMS-System are stored in a database operated by Business Keeper in a highsecurity data center in Germany. Decryption and access to the data is only possible for FS-PP Berlin. Neither business keepers nor other third parties have access to the data. This is ensured by comprehensive technical and organizational measure. All data is encrypted, stored in multiple steps and password -protected, so that access is restricted to a very narrow group of recipients of expressly authorized persons at FS-PP Berlin. These are the lawyers Dr. Rainer Frank and/or Dr. Niklas Aufffermann and/or Sophia Hoffmeister, who are commissioned as Ombusapersonen.

b) Function of the whistleblower portal BKMS and cookies

The communication between the computer of the whistleblower and the BKMS-System takes place via an encrypted connection (SSL}. The IP address of the computer is not stored while using the whistleblower portal. To maintain the connection between the computer and BKMS° Incident Reporting, a cookie is stored on the computer that only contains the session ID. The cookie is only valid until the end of the session and becomes invalid when the browser is closed.

Whistleblowers have the option to set up a protected mailbox in the BKMS-System with a user name and password they have chosen themselves. In this way, further information can be sent to the FS-PP Berlin employee responsible for processing the report, either by name or anonymously, and any queries will be answered. All data transmitted via the mailbox are encrypted and stored exclusively in the BKMS-System and are thus particularly secure; it is not a normal e-mail communication.

c) Notes on sending attachments

When submitting a report, Whistleblowers have the opportunity to send document attachments to the lawyer responsible for processing their repor. If you want to remain anonymous, please note that files may contain hidden personal data.

This data must be removed before sending. If this data cannot be removed or there is uncertainty, the text of the attachment to the message text can be copied or the printed document can be sent anonymously to FS-PP Berlin by post, specifying the reference number that will be transmitted at the end of the notification process.

D. Rights of the data subject

Affected persons have the following rights: 

  • 15 DSGVO To request information about your processed personal data
  • 16 DSGVO To request the correction of inaccurate or completion of their personal data
  • 17 DSGVO Demand the deletion of personal data
  • 18 DSGVO To request the restriction of the processing of their personal data,
  • 20 DSGVO To receive the personal data they have provided in a structured, common and machine-readable format or to request the transfer to another controller;
  • 77 DSGVO To Consult the competent supervisory authority. To this end, those affected contact the Berlin Commissioner for Data Protection and Freedom of Information.

Art. 21 DSGVO: In addition, affected persons have the right object the processing of their data, for reasons arising from their particular situation. FS-PP Berlin shall no longer process the personal data unless there are compelling reasons for the processing which override the interests, rights and freedoms of the data subject, or the processing serves the establishment, exercise or defense of legal claims. 

To exercise their rights, please contact our Data Protection Officer(s)

Last updated: February 13th 2024. We reserve the right to adapt our data protection declaration in accordance with the legal regulations. Please inform yourself regularly on this page.