Data protection

Privacy notice according to Article 13 and Article 14 of the General Data Protection Regulation (GDPR)

The protection and lawful processing of your personal data are a matter of great importance for us, the Umweltbundesamt Gesellschaft mit beschränkter Haftung (UBA-GmbH), (Environment Agency Austria Ltd). We would like to make processing transparent for you. The purpose of this privacy notice is to inform you about how your data will be processed. This also applies to personal data which will be collected in the future.

You must provide us with those personal details that are necessary for the proper implementation of the business relationship, for the fulfilment of legal obligations or for the performance of tasks which are carried out in the public interest, in particular under the Environmental Control Act.

Personal data is all information that refers to an identified or identifiable person and thus information that can be assigned to you individually, for example your name, your address, telephone number or e-mail address.

 

Responsible body for data processing

Umweltbundesamt Gesellschaft mit beschränkter Haftung (UBA-GmbH), Spittelauer Lände 5, 1090 Wien

Air Pollution Control, Buildings & Registries

Austrian Emissions Trading Registry

Phone: +43 1 31304-4114, Fax: +43 1 31304-4115

E-mail: registerstelle@umweltbundesamt.at

 

A data protection officer has been appointed. E-mail: datenschutz@umweltbundesamt.at

For any processing of personal data undertaken in the Union Registry, the Austrian Emissions Trading Registry is a data processor within the meaning of the GDPR.

Responsible body (data controller under the GDPR)

Federal Ministry for Climate Action, Environment, Energy, Mobility, Innovation and Technology (BMK)
Radetzkystraße 2 
1030 Vienna / Austria
Phone: +43 1 711 62 65-0

A data protection officer has been appointed. E-mail:  

datenschutz@bmk.gv.at  

 

For responsibilities of the European Commission we refer you to the following privacy statement:

Privacy statement European Commission

Purposes and lawful basis for data processing

  • We process your personal data:  For the fulfilment of contractual obligations or for the implementation of pre-contractual measures (Article 6 (1) b GDPR): The purpose of processing is in particular to deliver all the transactions that are carried out on the basis of contracts concluded for the purpose of the management of accounts in the Union Registry (opening of accounts, approval of account representatives, regular Know Your Customer (KYC) checks).
  • For the fulfilment of legal obligations (Article 6 (1) c GDPR) and for the performance of tasks carried out in the public interest (Article 6 (1) e  GDPR):  The purpose of processing is the fulfilment of legal requirements for the implementation of the emissions trading system, notably Directive 2003/87/EC establishing a scheme for greenhouse gas emission allowance trading within the Community (EU-ETS), the Regulation (EU) No 2013/389/EU as amended and Section 43 of the Austrian Act on Emissions Allowances. 
  • In order to protect legitimate interests (Article 6 (1) f GDPR): We may process your data to protect our legitimate interests. In this case, the purpose of processing is to respond to your enquiries, and to pursue our interest in initiating, maintaining or intensifying a business relationship with you as an existing and potential customer, unless you object to the use of your data pursuant to Article 21 GDPR.
  • Within the scope of your consent (Article 6 (1) a GDPR): If you have given us your consent to the processing of your personal data, processing will be carried out only within the scope specified and agreed in the declaration of consent. Any consent given can be withdrawn independently at any time with future effect. The withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.

Data categories

Depending on the individual case, the following data will be processed in particular:

  • Master data (= first name, surname, academic title)
  • Contact details (= office address with e-mail address and telephone number)
  • Date and place of birth
  • Profession
  • Company register and land registry data
  • Social security data, value added tax (VAT), company registration and central registry of associations number
  • Texts of contracts and business correspondence, memoranda
  • Regulatory duties
  • Bank and transfer details
  • Copies of identity documents (identification numbers contained therein, expiry date)
  • Evidence concerning the opening of a bank account
  • Proof of accreditation by inspection body
  • Details which are required to assert a claim (for example due dates and invoice dates)
     

We receive your data on a regular basis from you or from publicly accessible registers (for example company register, land registry, population register), or from general public sources (for example internet).

To carry out periodical reviews to establish whether the information submitted for an account is still complete, up-to-date, accurate and true, the Registry collects some of the data required not directly from you but from the Ministry on Climate Action, Environment, Energy, Mobility, Innovation and Technology. Likewise, Know Your Customer (KYC) checks are also carried out in part by the BMK (for example for the approval of new account representatives). 

Receiver categories

Within the Umweltbundesamt GmbH your data is processed only by those employees who need the data for the fulfilment of contractual and legal obligations, for the performance of a task which is carried out in the public interest or to safeguard legitimate interests of the Umweltbundesamt GmbH. 

Transfer to the European Commission, third countries or international organisations

A transfer of your personal data is only carried out on the basis of legal or contractual authorisation or provisions or if you have given us your consent (for example release of personal data in accordance with Article 110 (6) Regulation (EU) No 389/2013 or Article 80 (3) Registry Regulation (EU) No 1122/2019).

Storing personal data

If required, your personal data will be processed and stored for as long as necessary for the fulfilment of our contractual duties (contracts concluded for the purpose of the management of accounts) and legal obligations (the obligation to store records in accordance with Article 108 of Regulation (EU) No 389/2013 and Article 78 of Regulation (EU) No 1122/2019), and to safeguard against any warranty claims or claims for damages. Especially for purposes under criminal law (prevention of fraud, money laundering or terrorist financing) under Sections 146-148, 165 and 278(d) of the Austrian Criminal Code there is a statutory storage obligation of 10 years for all personal data exported from the Union Registry or otherwise compiled by the registry administration.

Changes to this privacy notice may be necessary from time to time for legal or organisational reasons.

Your rights in relation to your personal data

As a data subject you have the right to request information according to Article 15 GDPR, and the right to rectification according to Article 16 GDPR. You can also demand the erasure of your personal data according to Article 17 GDPR, provided that there is no existing contract establishing a business relationship or none of the above mentioned legal storage obligations.

If you have any questions or requests regarding the processing of your personal data, or would like to submit an application in accordance with the above-mentioned GDPR provisions, please send them by e-mail to our data protection officer to the following e-mail address: datenschutz@umweltbundesamt.at

To protect your privacy and security, we reserve the right to verify your identity before taking any of the above measures.

If you believe that the processing is unlawful, you can lodge a complaint with the competent supervisory authority. In Austria this is the data protection authority.

Here you can download the GDPR:

General Data Protection Regulation 2016/679/EU (EUR-Lex)