T: +49 721 82 82 9 0
Central fax: +49 721 82 82 99
60329 Frankfurt am Main
T: +49 69 257 375 294
Central fax: +49 721 82 82 99
T: +49 89 87 76 64 60
Central fax: +49 721 82 82 99
Please note our office hours. It is not possible to issue an assignment or handle time-sensitive matters via email. Emails are not checked round the clock.
Kathmann & Gebhard Rechtsanwälte is an artificial partnership of lawyers.
Legal and professional information
The advice offered by us is provided by lawyers whose job titles have been awarded in the Federal Republic of Germany. The lawyers at Kathmann & Gebhard are licensed by the chambers of lawyers in Karlsruhe, which also act as the competent supervisory authorities.
Rechtsanwaltskammer Frankfurt am Main
Bockenheimer Anlage 36
60322 Frankfurt am Main
Markus von Mengersen
Rechtsanwaltskammer für den Oberlandesgerichtsbezirk München
Dr. jur. Ulrike Gräfe
The activities of law firm “Kathmann & Gebhard” are subject to the following professional regulations:
Bundesrechtsanwaltsordnung (BRAO – Federal Lawyers’ Act)
Berufsordnung für Rechtsanwälte (BORA – Rules of Professional Practice for Lawyers)
Fachanwaltsordnung (FAO – Specialised Lawyers’ Act)
Rechtsanwaltsvergütungsgesetz (RVG – Act on the Remuneration of Lawyers)
Berufsregeln der Rechtsanwälte der Europäischen Gemeinschaft (CCBE – Code of Conduct for Lawyers in the European Union)
Gesetz über die Tätigkeit europäischer Rechtsanwälte in Deutschland (EuRAG – law regulating the activities of lawyers in Germany)
The original German versions can be found on the central website of the German Bundesrechtsanwaltskammer (Federal Chamber of Lawyers) using the key word “Berufsrecht”.
General duty to provide information in accordance with § 36 VSBG: The competent arbitration board for property law disputes resulting from the client relationship is the lawyers’ arbitration board (Schlichtungsstelle der Rechtsanwaltschaft), Neue Grünstraße 17, 10179 Berlin, www.s-d-r.org. Kathmann & Gebhard is not willing to take part in dispute resolution proceedings with the lawyers’ arbitration board.
Professional liability insurance
Our professional liability insurance policy is provided by Allianz Versicherungs-AG, 10900 Berlin. The geographic scope of application of the insurance policy covers activities in the member states of the European Union and thus complies at least with the requirements of § 51 Bundesrechtsanwaltsordnung (BRAO – Federal Lawyers’ Act).
The insurance cover does not relate to liability claims in connection with advice and dealings with laws outside of Europe, or activities of lawyers at courts outside of Europe.
Rights of use, trademarks: The content formulated is copyright protected as a whole. Without written consent, it may only be distributed in a generally permitted citation form, providing the name and the source. This also concerns saved images in particular, as well as the content of this website, provided via (RSS) feed or similar functions. Works of third parties are highlighted explicitly. All trademarks that are named on this site are the property of the respective trademark owner. “wireka” is a registered trademark of Ralf Kathmann.
Links: Despite careful content control, we do not accept any responsibility for the content hidden behind external links. The operators of the linked sites are exclusively responsible for their content.
Use of stored data: We object explicitly to any use of the data found here for political, commercial, or other purposes (e.g. studies) which is not explicitly authorised.
VAT identification numbers:
VAT ID no. Ralf Kathmann: DE194029083
VAT ID no. Robert Gebhard: DE219549989
1. Name and contact details of the controller responsible for processing
This data privacy information applies for the data processing by Rechtsanwälte Kathmann & Gebhard, Kathmann & Gebhard Insolvenz, and Zwangsverwaltungsbüro Robert Gebhard, Steinhäuserstr. 20, D-76135 Karlsruhe, Germany, email: firstname.lastname@example.org, telephone: +49 (0)721 – 82829-0, and the respective reviewers appointed by the courts, (provisional) insolvency administrators, and sequestrators as joint controllers within the meaning of Art. 26 GDPR. The joint controllers are hereinafter referred to as “K&G”.
2. Name and contact details of the data protection officer
The K&G data protection officer can be reached using the address provided above. The role of data protection officer is assumed by Ms Irene Hartmann, email: email@example.com.
3. Collection and storage of personal data, type and purpose of use
3.1 Visits to the website
Information about access to our website www.wireka.de will be automatically sent to the servers of our website by the browser used on your end device. This information will be temporarily stored in a so-called log file. The following information will thereby be collected and stored, without your assistance, until automatic erasure:
- IP address of the accessing computer,
- Date and time of access,
- Name and URL of the file accessed,
- Website from which access takes place (referrer URL),
- Browser used and, if applicable, the operating system of your computer, and the name of your access provider.
The specified data will be processed by us for the following purposes:
- to guarantee smooth connection to the website,
- to guarantee the convenient use of our website,
- to assess system security and stability and
- for other administrative purposes.
3.2 Scope of processing of personal data and categories of processed data, legal basis, erasure and storage duration
In principle, we only collect and use personal data if this is necessary to fulfil the (judicial) task (when appointed as an assessor) or to comply with our obligations resulting from statutory duties, in particular the Insolvenzordnung (InsO – Insolvency Statute) and the Zwangsversteigerungsgesetz (ZVG – Act on Enforced Auction and Receivership). We collect personal data from the documents sent to us by our clients, their opposing parties and third parties, court files, the creditors’ data pool, and directly from the data subject, especially when processing claim registrations in insolvency proceedings. Contact details, payment details, claim details, dates of birth and marital status information, social insurance data and salary data are hereby collected and processed. If necessary for compliance with our duties, particularly for the best possible assessment of the insolvency assets (especially when collecting receivables of the debtor from third-party debtors), we will ask credit agencies for information to evaluate the general payment behaviour. We also point out that we use a document management system, and we read and process all correspondence digitally. If the processing of personal data is necessary for the fulfilment of a legal obligation to which K&G is subject, Art. 6(1)(c) GDPR serves as the legal basis. When processing personal data that is necessary for the performance of a contract of which the data subject is a contracting party, Art. 6(1)(b) GDPR serves as the legal basis. This also applies for processing methods that are necessary to perform precontractual measures at the request of the data subject. If we obtain consent from the data subject for the processing of personal data, Art. 6(1)(a) GDPR serves as the legal basis for the processing of personal data. In the event that vital interests of the data subject or another natural person make the processing of personal data necessary, Art. 6(1)(d) GDPR serves as the legal basis. If the processing is necessary for the safeguarding of a legitimate interest of K&G or a third party, and if the interests, fundamental rights, and fundamental freedoms do not override the first-mentioned interest, Art. 6(1)(f) GDPR serves as the legal basis for the processing. The purpose of the processing of personal data results from:
- the order issued to K&G, or
- dthe judicial expert assessment order, or
- the objective of the insolvency proceedings that serves to jointly satisfy the creditors of a debtor by evaluating the assets of the debtor, and distributing the proceeds or making a different arrangement in an insolvency plan (§ 1 InsO). The insolvency administrator is hereby under the supervision of the insolvency court. The court can demand at any time information or a report about the situation and the management (§ 58 para. 1 InsO), or
- the objective of the Zwangsversteigerungsgesetz (ZVG – Act on Enforced Auction and Receivership) which, in accordance with § 152 ZVG, serves for the receipt of the property and inclusion in the financial portfolio, as well as the proper use of the property, assertion of claims to which the seizure extends, and the conversion of vital claims into cash (§ 152 ZVG). The administrator is responsible for the fulfilment of the duties to which it is subject for all parties involved. It must render account to the creditor and the debtor annually and after the end of the administration. The accounts are to be submitted to the court, which will present them to the creditor and debtor (§ 154 ZVG).
The personal data of the data subject will be erased or, if this is not technically possible, the processing will be restricted or blocked, as soon as the statutory retention periods of 10 years specified in accordance with the HGB (Handelsgesetzbuch/German Civil Code) and AO (Abgabenordnung/Fiscal Code of Germany) expire. Storage beyond this point may take place if stipulated by the European or national legislators in Union law regulations, laws or other provisions to which the controller is subject. The erasure or restriction of processing of data will also then take place when a retention period specified by the regulations mentioned expires. Erasure will cease when there is a necessity to continue storing the data for the conclusion or performance of a contract, or for the assertion, exercise, or defence of legal claims.
4. Disclosure of data
Your personal data will not be disclosed to third parties for purposes other than those listed below. We will only disclose your personal data to third parties if:
- you have granted your explicit consent in accordance with Art. 6(1)(1)(a) GDPR, the disclosure is necessary in accordance with Art. 6(1)(1)(f) GDPR for the assertion,
- exercise, or defence of legal claims and there is no reason to assume that you have an overriding legitimate interest in the non-disclosure of your data,
- the disclosure is legally mandatory in accordance with Art. 6(1)(1)(c) GDPR, or
- doing so is legally permitted and necessary in accordance with Art. 6(1)(1)(b) GDPR for the processing of contractual relations with you.
- Insolvency/sequestration court: As part of our obligations to report to the insolvency and sequestration court, we send personal data to the courts. An insolvency table will also be kept by the insolvency administrator and will be stored on the premises of the insolvency court for review by the parties involved (§ 175 para. 1 InsO); the transfer of personal data takes place here.
- Data processing within the group of companies: The data storage is carried out by Kathmann & Gebhard, Rechtsanwälte, Steinhäuserstr. 20, 76135 Karlsruhe, as part of our order processing pursuant to Art. 28 GDPR, as a specialist company which operates the data centre in which the data collected by us is processed.
- Data processing by other service providers: In insolvency proceedings, we provide the publicly accessible information, and the information only available to the creditors, in a creditor information system (CIS), which can be accessed via our homepage, www.wireka.de. Personal data are hereby transferred to an external service provider which operates the creditor information system, as part of order processing pursuant to Art. 28 GDPR.
- External service providers: To perform our legal and contractual duties, we sometimes use external service providers and contractors, particularly for accounting and the creation of annual financial statements and tax returns, the archiving and destruction of business documents, the securing of data from the debtor’s company, and for personnel services, such as payroll accounting and insolvency payment processing.
- Other recipients: We also transfer personal data to further recipients, such as authorities for the fulfilment of our statutory cooperation duties (e.g. social insurance companies, tax authorities, and criminal prosecution authorities).
5. Rights of the data subject
You have the right,
- in accordance with Art. 15 GDPR, to receive information about your personal data which are processed by us. In particular, you can obtain information about the purposes of the processing, the category of personal data, categories of recipients to whom your data are being or have been disclosed, the planned storage duration, the existence of a right to rectification, erasure, or restriction of processing, or the right to object, the existence of a right to lodge a complaint, the origin of your data if they have not been collected by us, and the existence of an automated decision-making process including profiling and, if applicable, details about its specifics;
- in accordance with Art. 16 GDPR, to immediately obtain the rectification of inaccurate personal data or the completion of personal data which are stored by us;
- in accordance with Art. 17 GDPR, to demand the erasure of your personal data stored by us, if processing is not required for the exercise of the right of freedom of expression and information, for compliance with a legal obligation, for reasons of public interest, or for the establishment, exercise, or defence of legal claims;
- in accordance with Art. 18 GDPR, to obtain restriction of processing of your personal data, if the accuracy of the data is contested by you, the processing is unlawful but you oppose its erasure, and if we no longer need the data but you require it for the establishment, exercise or defence of legal claims, or you have objected to processing in accordance with Art. 21 GDPR;
- in accordance with Art. 20 GDPR, to receive the personal data concerning you which you have provided to us, in a structured, commonly used, and machine-readable format, or to transmit these data to another controller;
- in accordance with Art. 7(3) GDPR, to withdraw consent which you have granted to us, at any time. This will mean that we can no longer continue the data processing based on this consent in the future, and
- in accordance with Art. 77 GDPR, to lodge a complaint with a competent supervisory authority. For this purpose, you can generally contact the competent supervisory authority of your usual place of residence or work, or the registered office of our company.
6. Right to object
If your personal data are processed on the basis of legitimate interests in accordance with Art. 6(1)(1)(f) GDPR, you have the right in accordance with Art. 21 GDPR to object to the processing of your personal data, on grounds related to your particular situation, or if the objection is aimed at direct marketing. In the latter case, you have a general right to object, which will be implemented by us without the need to describe a specific situation. If you would like to exercise your right of revocation or right to object, all you need to do is send an email to firstname.lastname@example.org.