GDPR

The most important facts

Our commissioned processing contract governs the collection, processing or use of personal information by us as your telecommunications service provider. The basis for this cooperation is a written contract. The decisive factor for this contract is currently the § 11 BDSG, Article 17 of the EU Data Protection Directive, and from 25.5.2018 on the more detailed regulations from Article 28 GDPR.

How do I get my ODP contract?

You can now conclude your contract directly with us online. You will receive your contract by e-mail within a few minutes from one of our employees. You can see the contract here in advance.

Why do I need this?

The European Union has re-regulated the storage and processing of data with the „General Data Protection Regulation“ (GDPR, or DSGVO). This results in important new rights for consumers, e.g. the right to information, access, error correction, deletion, restriction of use and data portability.

The GDPR / DSGVO currently only affects companies and organizations and especially those with more than 250 employees. Private persons are explicitly excluded. However, if you collect, save and process data as a freelancer, for example, you are affected, even if the „collect data“ only exists when creating an address book entry for an online service such as sipgate.

Since the new regulation, companies are obliged to check all their data-processing service providers (such as sipgate) for compliance with the GDPR / DSGVO and to conclude corresponding contracts with them (as our commissioned processing contract).

Frequently Asked Questions

Does a contract have to be concluded in writing on paper?

It used to be that way, right. However, according to the new GDPR, the commissioned processing contract can now also be concluded electronically (see Art. 28 (9) GDPR).
The GDPR is only applicable from 25.05.2018, strictly speaking, an electronically closed contract also applies from that day onwards. However, no one prevents you from printing out and thus holding a written version in the hand the contract before 25.5.2018.

Which legal basis is the GDPR-comliant contract based on?

The decisive factor for commissioned processing is currently the § 11 BDSG, Article 17 of the EU Data Protection Directive and from 25.5.2018 the more detailed regulations from Article 28 GDPR.

My data protection officer or lawyer has change requests to the contract. Can you work those in?

Completing those contracts is a mass business for us. We ask for your understanding that we cannot implement any individual changes or adjustments to the contract.

Does an contract have to be in PDF form, forgery-proof and / or digitally signed?

The sending of the contract by email complies with the formal requirements. The „electronic format“, which the DSGVO demands, is designed so that it must comply with the requirements of § 126b BGB (the so-called text form). The essence of the textual form is that the statement given must be suitable for „permanent reproduction“. This is guaranteed by an email (as can also be found in Palandt / Ellenberger, § 126b, marginal 3).
The contract text sent to you by email is suitable for permanent reproduction, because there is no possibility for the sipgate GmbH to change it retrospectively. You can initially save the e-mail permanently, and you can also easily print the text of the contract for safekeeping in paper form. We therefore assume that the sending of the contract text by email (of course, stating the full contact details of both parties in the contract text), the formal requirement of Art. 28 para. 9 DSGVO in conjunction with § 126b BGB.

Why do use a Google service to create the agreement? Is DSGVO compliant data processing guaranteed?

We’ve completed both the GDPR-compliant contract and the standard terms with Google, we therefore assume that there is permissible and GDPR-compliant data processing. This data processing will soon be included in the privacy policy of sipgate GmbH.

I have misplaced my contract. Can you send me this again?

Sure. Please just fill in the above form again. You will then receive the contract again by e-mail from one of our employees.

Do I get a signed copy for my records?

No. Due to the high number of customers and the correspondingly high number of contracts that we have to close, we ask for your understanding that a contract can only be concluded electronically.