Data Protection Officer of UdK Berlin
Information on the processing of personal data pursuant to Art. 13 of Regulation (EU) 2016/679 (General Data Protection Regulation, GDPR)
You might visit our websites because of your interest in our studies and advanced trainings. Possibly, you would like to apply as a student, teacher or employee. You may want to register for our competitions, have questions about our events or our organization itself. Or you simply got any other concern you would like to contact us about. Hence, we hereby inform you on the following.
The determination on the purposes and means of processing your personal data is incumbent on the Universität der Künste Berlin (Berlin University of the Arts). The Berlin University of the Arts itself is controlling the processing of your personal data.
How to get in touch with us:
Postal: Universität der Künste, Einsteinufer 43, 10587 Berlin, Germany
Phone: +49 (0)30 3185-0
Fax: +49 (0)30 3185-2870 (university administration)
2. Data protection officer
For all data protection concerns, you can contact our data protection officer directly via "Datenschutzbeauftragter", c/o Universität der Künste, Einsteinufer 43, 10587 Berlin, Germany, or by e-mail: ds @udk-berlin.de
3. Visiting our websites
Visiting our websites is in principle possible without the indication of personal data. The processing of personal data may only be necessary if you make use of special functions offered on our websites. We will inform you about this below under point 4.
When you visit our websites, we do not collect any information that allow a conclusion to be drawn about an identified or identifiable person. Only the operating system, the browser type, the date and time of a website access, the IP address of the computer accessing our websites shortened by the last two digits, the duration of your website visit, the pages visited, the number of data transferred, the search term used and similar information (log files) when accessed via a search engine are recorded. This information is needed to make our website content available to our websites visitors and to optimize the functioning of our websites. Because your IP address has been collected anonymously, it is not possible to identify you or the user who visits our sites. It is not possible to assign the log files to a specific IP address.
In some of our websites Matomo, an international open source platform for digital web analytics, is integrated. Matomo uses so-called "cookies". These are text files that are stored on your computer and enable us to analyze the use of the website. For this purpose, the usage information generated by the cookie (including your shortened IP address) is transmitted to the server and stored for usage analysis purposes. We use this data to optimize these websites. During this process, your IP address is anonymized so that you as a user remain anonymous to us. Furthermore, the information generated by the cookie is not passed on to third parties.
If you do not agree with the storage and evaluation policy of this data from your visit, you can object to its storage and use. In this case, a so-called opt-out cookie is stored in your browser, which means that Matomo no longer records your visit to the websites and does not collect any session data. Please note that this opt-out cookie will be deleted if you delete your browser's cookies at a later date. In this case, you will need to reinstall the opt-out cookie.
In some of our websites links to the social media platforms Facebook, Twitter and Google Plus have been integrated. However, these buttons do not automatically transmit data to the respective operators of these platforms. Rather, we have integrated the so-called "double-click" model into these websites. After clicking on the button of the social media platform you have selected, you must expressly consent to the use of this platform with a second click. Only with the second click a data exchange takes place between our website and the operator of the social media platform. The decision as to whether any data in connection with your visit to our websites will be transmitted to the operator of the social media platform is in your sole responsibility. In this case, the Berlin University of the Arts is no longer the controller for the processing of this data. If you do not wish data to be transmitted to the operator of the social media platform, you may not activate the respective button by a second click.
4. Lawfulness of processing personal data by Berlin University of the Arts
Our websites present the activities of our university comprehensively and offer numerous possibilities to get in touch with us, to apply for a course of study or further education, to organize and manage your studies, to book our concerts, to register for competitions and much more. You can also get information about all services offered by the Berlin University of the Arts while visiting our offices designated for this purpose personally or by letter or fax.
In the event that you make use of these possibilities, we will describe below the various purposes for which we process personal data.
Pursuant to Art. 6 para. 1 sentence 2 lit. e) GDPR, the processing of personal data is lawful if processing is necessary for the performance of a task carried out in the public interest.
The tasks of the Berlin University of the Arts that are in the public interest are governed by the Berliner Hochschulgesetz (BerlHG).
Pursuant to § 4 (1) BerlHG, this consists of the following:
„Pflege und Entwicklung von Wissenschaft und Kunst durch Forschung, Lehre und Studium und der Vorbereitung auf berufliche Tätigkeiten“.
§ 4 (3) BerlHG expressly extends this scope of duties for the Berlin University of the Arts by
“künstlerische Entwicklungsvorhaben und öffentliche Darstellung sowie durch Lehre und Forschung im Grenzberiech von Kunst und Wissenschaft.“
And finally, § 4 (3) BerlHG also includes the
“wissenschaftliche und künstlerische Nachwuchsförderung sowie die Förderung des künstlerisch-wissenschaftlichen Nachwuchses“
as a special task imcumbent upon the Berlin University of the Arts in its capacity as a scientific and at the same time artistic university.
Section 4 (4) of the BerlHG also stipulates:
„Die Hochschulen dienen dem weiterbildenden Studium und beteiligen sich an Veranstaltungen der Weiterbildung. Sie fördern die Weiterbildung ihres Personals und die allgemeine Erwachsenenbildung“
§ 4 Abs. 6 BerlHG regulates:
„Die Hochschulen regen durch ihre Öffentlichkeitsarbeit insbesondere in an der jeweiligen Hochschule unterrepräsentierten Bevölkerungsgruppen die Aufnahme eines Studiums an.“
Finally, the cooperation of Berlin's higher education institutions with other higher education institutions as well as other research, cultural and educational institutions in Germany and abroad within the scope of their tasks is expressly mentioned as a public task in § 4 (5) BerlHG.
Since Art. 6 Para. 1 S. 1 lit. e) GDPR declares the processing of personal data necessary for the performance of a task carried out in the public interest to be lawful, we, the Berlin University of the Arts, consider any processing of personal data, which is required for the fulfillment of tasks assigned to the Berlin University of the Arts by the legislature, as lawful. This understanding corresponds with § 3 of the Berlin Data Protection Act, which states:
„Die Verarbeitung personenbezogener Daten ist zulässig, wenn sie zur Erfüllung der in der Zuständigkeit des Verantwortlichen liegenden Aufgabe oder in Ausübung öffentlicher Gewalt, die dem Verantwortlichen übertragen wurde, erforderlich ist."
We therefore consider the processing of personal data to be justified for the following exemplary activities and purposes which are non-exhaustively listed:
- Application for university studies including an artistic aptitude test, carrying out the studies and taking exams
- Organization and evaluation of research and studies
- Determination of the suitability and performance of members of the university
- Use of university facilities
- Participation in our events as guest auditor
- Preparation of scientific papers, carrying out of doctoral or habilitation procedures
- Participation in our further education and training programmes within the framework of vocational further education, adult further education and other further education measures which do not take place within the framework of a course of study.
- Application for and participation in artistic competitions in the fields of music, performing arts, visual arts and design, including the associated advertising activities before, during and after the event.
- Realization of exhibitions, concerts, scenic performances and representations, sound and picture recordings, the latter also as moving pictures, including the associated advertising activities before, during and after the event.
- Publication and dispatch of print products and newsletters, publication of websites
- Participation in our programs for gifted pupils and students
- exchange of personal data in the context of scientific or artistic cooperation with other universities or colleges
- Sending advertising materials to third parties for the purpose of public relations and for the acquisition of third-party funds and donations
- Execution of tasks of academic self-administration
- Use of control instruments (target agreements, performance evaluations, resource allocation systems)
- Evaluation of the implementation of the gender equality mandate
- Tasks under the Higher Education Statistics Act
Since research and arts are subject to constant development in their concrete implementation and presentation, the above list can only be exemplary.
The Berlin University of the Arts is aware of the fact that also children take advantage of the offers of the Berlin University of the Arts. In such cases, the Berlin University of the Arts will pay particular attention to their concerns and restrict the processing of personal data if necessary.
Art. 6 para. 1 s. 1 e) GDPR only justifies the processing of personal data for the performance of a task carried out in the public interest. Any existing intellectual property rights such as copyrights, ancillary copyrights, design rights, patents or the right to one's own image shall remain unaffected by Art. 6 para. 1 s. 1 e) GDPR.
Pursuant to § 6 para. 1 sentence 1 no. 1 BerlHG in conjunction with the Studierendendatenverordnung of the State of Berlin (StudDatVO) of 9 November 2005 and § 3 BerlDSG, applicants for a study place and members of higher education institutions are obliged to make available the personal data required to perform the above-mentioned tasks of the Berlin University of the Arts in the public interest and to tolerate their processing. Pursuant to Art. 13 Para. 2 lit. e) GDPR, we would like to point out that the Berlin University of the Arts Berlin may otherwise refuse admission to a course of study or further education, its implementation and the acceptance of examinations.
As a scientific university conducting research pursuant to § 4 BerlHG, we consider it lawful pursuant to § 17 BerlDSG to process personal data, including special categories of personal data within the meaning of Article 9 para. 1 GDPR, for scientific or historical research purposes in the public interest, even without the consent of the person concerned, if the public interest in the implementation of the project substantially outweighs the legitimate interests of the person concerned and the purpose cannot be achieved in any other way. The type of processing, the publication of the data and other restrictions are regulated in § 17 BerlDSG.
Insofar as the Berlin University of the Arts fulfils the tasks carried out in the public interest by concluding contracts under private law, such as in the field of adult education, the sale of tickets for events or the organisation of competitions, the processing of the personal data required for this purpose is lawful by Art. 6 para. 1 s. 1 b) GDPR to the extent that this is necessary for the fulfilment of the contract to which the person concerned is a party or for the implementation of pre-contractual measures which are taken at the request of the person concerned.
The provision of personal data is necessary for the conclusion and performance of the contract. The non-availability of the data required for the conclusion of the contract and the performance of the contract shall entitle the Berlin University of the Arts to refuse the conclusion of the contract and the performance of the contract.
If the Berlin University of the Arts takes part in the private sector competition with certain activities, the Berlin University of the Arts is considered a non-official authority according to § 2 para 6 BlnDSG. The following activities are not carried out in the performance of the public duties specified in § 4 BerlHG:
- Rental of concert halls to third parties
- Rental of canteen facilities
- Operation of the photovoltaic system
- Operation of the meeting place Gutshof Sauen
The processing of personal data in connection with these activities is justified by Art. 6 para. 1 sentence 1 lit. b) GDPR to the extent that it is necessary for the performance of the contract to which the data subject is a party or for the implementation of pre-contractual measures which are taken at the request of the data subject. We regard advertising measures in connection with the operation of these facilities as the exercise of a legitimate interest pursuant to Art. 6 para. 1 s. 1 f) GDPR.
The provision of personal data is necessary for the conclusion and performance of the contract. The non-availability of the data required for the conclusion of the contract and the performance of the contract entitles the Berlin University of the Arts to refuse the conclusion of the contract and the performance of the contract.
Pursuant to § 17 BerlDSG, we consider it lawful to process personal data, including special categories of personal data within the meaning of Art. 9 para. 1 GDPR, for statistical purposes even without the consent of the data subject, if the public interest in the implementation of the project substantially outweighs the legitimate interests of the data subject and the purpose cannot be achieved in any other way. The type of processing, the publication of the data and other restrictions are regulated in § 17 BerlDSG.
We offer the possibility to subscribe to a free newsletter as electronic mail as well as a print product – “Journal der UdK Berlin” by regular mail - at various places of the website. The processing of the personal data which we collect on the basis of your order of these products for the purpose of sending the newsletter and the journal takes place on the basis of your consent, Art. 6 para. 1 s. 1 a) GDPR.
The Berlin University of the Arts does not process personal data in order to evaluate certain personal aspects relating to a natural person. Such procedures are not made the basis of legal decisions.
6. Disclosure to third parties
We do not pass on your personal data to third parties unless this is necessary to fulfil a contract, to implement pre-contractual measures, to protect our legitimate interest or due to statutory provisions. Your personal data will be processed exclusively within the European Union or another contracting state of the European Economic Area.
7. Storage and deletion
Your personal data will be stored as soon as it is collected. They will remain stored for such long as it is necessary to justify, implement and terminate your agreements concluded with us and to comply with our statutory archiving and storage obligations.
At any time you have the right to be informed by us, the Berlin University of the Arts, about the following:
As to whether or not personal data concerning you are being processed, and, where that is the case, how to get access to the personal data and the following information:
(a) the purposes of the processing;
(b) the categories of personal data concerned;
(c) the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
(d) where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
(e) the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning you or to object to such processing;
(f) the right to lodge a complaint with a supervisory authority;
(g) where the personal data are not collected from you, any available information as to their source;
(h) the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
Where personal data are transferred to a third country or to an international organisation, you shall have the right to be informed of the appropriate safeguards pursuant to Article 46 GDPR relating to the transfer.
9. Withdrawal, Objection
You have the right to withdraw your consent to the processing of your personal data at any time if the processing of your personal data is based on your consent (e.g. according to Art. 6 para. 1 lit a) or Art. 9 GDPR), but without affecting the legality of the processing carried out up to that point.
You have the right at any time to object to the processing of your data pursuant to Art. 6 para. 1 f) or e) GDPR for reasons arising from your particular situation. In this case, too, the lawfulness of the processing carried out up to that point remains unaffected. You must explain the reasons arising from your particular situation. We will then no longer process the data unless we can prove grounds for processing worthy of protection which outweigh your interests, rights and freedoms, or the processing serves the assertion, exercise or defence of legal claims.
10. Right of objection for direct advertising
If we process personal data for the purpose of direct advertising, you have the right at any time to object to the processing of your personal data for the purpose of such advertising.