Information pursuant to Articles 13 and 14 of the General Data Protection Regulation (GDPR)

The Fulda District, Health Department, located at Otfrid-v.-Weißenburg-Str. 3, 36043 Fulda, is responsible for processing your personal data. Tel.: 0661-6006-0, Email: ifsg-online@landkreis-fulda.de.

You can contact the data protection officer for the Fulda district using the contact information provided above, or by email at datenschutzbeauftragter@landkreis-fulda.de.

a) Purpose
: GA Fulda uses your personal data to process your application and to grant compensation in accordance with Section 56(1) and (1a) of the Infection Protection Act (IfSG).

b) Legal
Basis: The processing is carried out on the basis of Article 6(1)(c) of the GDPR in conjunction with Section 3(1) of the HDSIG and the provisions of Sections 56 et seq. of the IfSG. If the facts you have presented involve special categories of personal data, e.g., information regarding health, religious beliefs, or ethnic origin, the processing is additionally based on Article 9(2)(b) of the GDPR in conjunction with Section 20(1)(1) of the HDSIG and the provisions of Sections 56 et seq. of the IfSG.

If an applicant is a business acting as a legal entity, the data related to that business is not considered personal data as long as it does not relate to a natural person. A link to a specific individual can only exist through information regarding a contact person. This means that if you, as an employer, fill out the application, both your personal data—as the contact person for the applying company—and the personal data of the employees will be processed. It is therefore important that you have provided your employees with information about the application process and the associated processing of their personal data in advance. Employees must be informed of this—as well as of the other information regarding data protection.

The term “personal data,” as defined in Article 4(1) of the GDPR, refers to any information relating to an identified or identifiable natural person (hereinafter “data subject”). A natural person is considered identifiable if they can be identified, directly or indirectly, in particular by association with an identifier such as a name, an identification number, location data, or one or more specific characteristics which reflect the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person. This includes, in particular, personal data of employees of applicant companies (contact persons and affected employees) and of self-employed individuals.

“Health data” are special categories of personal data, Art. 4(15), Article 9(1) of the GDPR, that relate to the physical or mental health of a natural person, including the provision of health care services, and from which information about that person’s health status can be derived. The processing of health data may be necessary in individual cases to process applications, e.g., when proof of sick leave (certificate of incapacity for work) must be provided as part of the requirements for a complete application.

Depending on the type of application and the applicant (company/employer, self-employed individual, affected employee), the following information or data (including that from submitted documents) is required:

Application by the company/employer (Section 56(1a) of the IfSG)

Information about the applicant company

1. Contact Person
   • Salutation
   • First Name
   • Last Name
   • Phone number
   • e-mail
   • DE-Mail (optional)
   • Street
   • House number
   • ZIP Code
   • Location
2. Employee Information:
   • Salutation
   • First Name
   • Last Name
   • Phone number (optional)
   • Email (optional)
   • Street (optional)
   • House number (optional)
   • Additional address information (optional)
   • ZIP Code (optional)
   • Location (optional)
   • Workplace where the employee is assigned
3. Information about the children for whom you are responsible:
   • Indication of whether the child in care has reached the age of twelve
   • Indicate whether the child in your care has a disability (disability ID) and/or requires special education services in the areas of intellectual disability, physical disability, communication and hearing, or blindness
4. Information on loss of earnings:
   • Statement that the employee was not on sick leave
   • Statement that the employee did not have any approved leave prior to the onset of the caregiving situation
   • Statement that the employee was not entitled to continued pay under § 616 of the German Civil Code (BGB) or, as a trainee, under § 19 of the German Vocational Training Act (BBiG)
   • A statement that the employee had no overtime or unused vacation days from the previous year that could have been used up
   • Statement that the employee did not receive child sickness benefits under § 45 of SGB V
   • Gross wages to which the employee would have been entitled
   • Loss of earnings (gross) due to child care
   • Unemployment Benefits I During the Childcare Period
   • Other subsidies paid by the employer to the employee
   • Additional Net Income from Substitute Employment
5. Tax Information:
   • Tax Identification Number
   • Tax bracket
   • Indication of whether the individual is a low-income earner
6. Transaction ID/File Number:
   • Transaction ID/Case Number for specific application assignment
7. Attachments:
   • Pay stub for the first month prior to the loss of earnings
   • Pay stub for the second month prior to the loss of earnings
   • Power of Attorney (if applicable)
   • Monthly pay stub showing lost wages (if applicable)
   • Certificate confirming the closure of the child care facility (e.g., daycare center, school, after-school care center) for the relevant period (optional)
   • Other supporting documents (optional), e.g., proof that the child requires care

Application by Self-Employed Individuals (Section 56(1a) of the IfSG)

For self-employed individuals, business data may be identical to personal data. In this case, the data constitutes personal information and is marked accordingly below.

Information on Self-Employed Individuals Filing Applications

1. Company Information
   • Company name, if the applicant can be identified by it
     • Street, if the same as the home address
     • House number, if the same as the home address
     • Additional address (optional), if identical to home address
     • ZIP code, if the same as your home address
     • City, if the same as home address
     • Bank account information (bank name, BIC, IBAN), if the business account is the same as the personal account
     • Phone number (if personal) (optional)
     • Email (optional)
   1. Contact Person/Authorized Representative (e.g., tax advisor)
      • Salutation
      • First Name
      • Last Name
      • Phone number, if personal
      • e-mail
      • DE-Mail (optional)
   2. Personal information about the self-employed individual or information about the person on whose behalf the claim is being filed
      • Salutation
      • First Name
      • Last Name
      • Date of Birth
      • Phone number, if personal
      • Email (optional)
      • DE-Mail (optional)
2. Information about the children for whom you are responsible:
   • Indication of whether the child in care has reached the age of twelve
   • Indicate whether the child in your care has a disability (disability ID) and/or requires special education services in the areas of intellectual disability, physical disability, communication and hearing, or blindness
3. Information on Loss of Earnings
   • Loss of Income for the Self-Employed Due to Childcare
   • Statement that the self-employed individual was not unable to work or on sick leave
   • Statement that the self-employed individual did not receive child sickness benefits under § 45 of SGB V
   • Indication of whether social security contributions were paid, and, if so, the amount
4. Tax Information
   • Tax Identification Number
   • Tax ID Number
5. Transaction ID/File Number
   • Transaction ID/Case Number for specific application assignment
6. Appendices
   • Tax assessment notice or proof of income from the previous year
   • Power of Attorney (if applicable)
   • Certificate of loss of earnings during the relevant period (if available)
   • Certificate confirming the closure of the child care facility (e.g., daycare center, school, after-school care center) for the relevant period (optional)
   • Other supporting documents (optional), e.g., proof that the child requires care

Application by the company/employer (Section 56(1) IfSG)

Information about the applicant company

1. Contact Person
   • Salutation
   • First Name
   • Last Name
   • Phone number
   • e-mail
   • DE-Mail (optional)
   • Street
   • House number
   • ZIP Code
   • Location
2. Employee Information:
   • Salutation
   • First Name
   • Last Name
   • Phone number
   • Email (optional)
   • Street (optional)
   • House number (optional)
   • Additional address information (optional)
   • ZIP Code (optional)
   • Location (optional)
   • Workplace where the employee is assigned
3. Prohibition on Activities/Isolation:
   • Official Order
   • Duration of the Administrative Order
4. Information on loss of earnings:
   • Statement that the employee was not entitled to continued payment of wages under Section 616 of the German Civil Code (BGB)
   • Statement that the employee was not enrolled in a training program under § 19 BBIG
   • Indicate whether the entire business was closed as a result of an official closure (e.g., pursuant to § 28 IfSG) during the period of the prohibition on business operations or quarantine
   • Period of Business Closure
   • Indication of whether the employee was unable to work or on sick leave
   • Period of sick leave
   • Indicate whether the employee was on approved leave during the work restriction or quarantine
   • Period of Approved Leave
   • Indication of whether the employee was excused from work due to a sick child, pursuant to Section 45 of SGB V
   • Period of Time Off from Work
   • Wages to which the employee would have been entitled had there been no work restriction or isolation (amount and time period)
   • Loss of earnings due to the prohibition on work/quarantine (amount and duration)
   • Eligibility for Unemployment Benefit I
   • Eligibility for Short-Time Work Benefits (Amount and Duration)
   • Indicate whether you missed out on the winter allowance (amount and time period)
   • Receipt of Other Grants
   • Receipt of additional net income from substitute employment
5. Tax Information:
   • Tax Identification Number
   • Tax bracket
   • Indication of whether the individual is a low-income earner
6. Transaction ID/File Number:
   • Transaction ID/Case Number for specific application assignment
7. Attachments:
   • Pay stub for the first month prior to the loss of earnings
   • Pay stub for the second month prior to the loss of earnings
   • Power of Attorney (if applicable)
   • Proof of the order prohibiting certain activities or requiring isolation (optional)
   • Proof of compensation paid during the period (optional)
   • Other Supporting Documents (optional)

Application by Self-Employed Individuals (Section 56(1) IfSG)

For self-employed individuals, business data may be identical to personal data. In this case, the data constitutes personal information and is marked accordingly below—

Information on Self-Employed Individuals Filing Applications

1. Company Information
   • Company name, if the applicant can be identified by it
     • Street, if the same as the home address
     • House number, if the same as the home address
     • Additional address (optional), if identical to home address
     • ZIP code, if the same as your home address
     • City, if the same as home address
     • Bank account information (bank name, BIC, IBAN), if the business account is the same as the personal account
     • Phone number (if personal) (optional)
     • Email (optional)
   1. Contact Person/Authorized Representative (e.g., tax advisor)
      • Salutation
      • First Name
      • Last Name
      • Phone number, if personal
      • e-mail
      • DE-Mail (optional)
   2. Personal information about the self-employed individual or information about the person on whose behalf the claim is being filed
      • Salutation
      • First Name
      • Last Name
      • Date of Birth
      • Phone number (optional)
      • Email (optional)
      • DE-Mail (optional)
2. Prohibition on Activities/Isolation:
   • Official Order
   • Duration of the Administrative Order
     1. Information on Compensation for Lost Earnings
   • Indicate whether the entire business was closed as a result of an official closure (e.g., pursuant to § 28 IfSG) during the period of the prohibition on business operations or quarantine
   • Period of Business Closure
   • Indication of whether social security contributions were required during the relevant compensation period
   • Loss of Earnings Insurance
   • Indication of whether the self-employed individual was unable to work or on sick leave
   • Period of sick leave
   • Indication of whether the self-employed individual was excused from work due to a sick child, pursuant to § 45 SGB V
   • Loss of income resulting from the prohibition on working or quarantine (amount and duration)
   • Indication of whether social security contributions were paid, and, if so, the amount
   • Insurance that covers an individual's loss of earnings in the event of a work ban or quarantine
   • Amount of Insurance Benefits Received
3. Tax Information
   • Tax Identification Number
   • Tax ID Number
4. Transaction ID/File Number
   • Transaction ID/Case Number for specific application assignment
5. Appendices
   • Tax assessment notice or proof of income from the previous year
   • Power of Attorney (if applicable)
   • Proof of insurance benefits received (if applicable)
   • Proof of an order prohibiting certain activities or requiring isolation (optional)
   • Proof of Loss of Income at the Relevant Time (Optional)
   • Proof of the official order to close the business (e.g., pursuant to § 28 IfSG) (optional)
   • Other supporting documents (optional), e.g., regarding loss of income

We primarily use the personal data you provided to GA Fulda with your application. In addition, we also process data collected directly from you, such as when we need further information or personal data from you to process your application.

In addition, other information that the Fulda GA lawfully receives from government agencies and local authorities is also used. This may include, for example, information on registered addresses, the company’s headquarters and branches, and the address of the care facility.

The eligibility requirements for issuing a corresponding decision must be reviewed, and to that end, the relevant facts must be thoroughly investigated. Your data will be filed in a record; it will also be electronically recorded, used, and stored, and, if necessary, modified.

Personal data processed in accordance with legal obligations will only be disclosed to other agencies, authorities, or third parties if such disclosure is permitted by law or if you have consented to it. In this regard, you have the right to withdraw your consent at any time with future effect (Art. 7 of the GDPR).

The following recipients are of particular interest in this context:

• Other government agencies (primarily the Hessian Ministry of Social Affairs and Integration)
• Courts
• Court of Auditors
• Archives

• State Parliament of Hesse

You are not required to provide personal data. However, this information is necessary to process your claim in accordance with regulations and to contact you. If the information required to assess your claim for compensation is not provided, your claim may be denied.

Personal data will be stored and files retained for as long as necessary to fulfill statutory obligations. Unless—as in this case—specific retention periods have been established or shorter periods under data protection law must be observed, personal data is generally retained and stored for 10 years in accordance with the provisions of the Decree on Record Keeping in the Agencies of the State of Hesse (Record-Keeping Decree—AfE), typically for 10 years.

The time limit begins at the end of the year in which the proceeding was (finally/legally) concluded.

As described in point 3, it is assumed that applicant companies have provided their employees with information regarding the application and the associated necessary processing of their personal data in advance, when requesting this data. Accordingly, there is no obligation on the part of GA Fulda to inform employees, as data subjects, pursuant to Article 14(5)(a) of the GDPR.

Your rights in detail:

a) Right of Access
: Pursuant to Article 15 of the GDPR, you may request information from us regarding the processing of your personal data. In your request for access, please specify the nature of your inquiry to help us compile the necessary information. Please note that your right of access is restricted by the provisions of § 24(2), § 26(2), and § 33 of the HDSIG.

b) Right to Rectification
Under Article 16 of the GDPR, you have the right to rectification if the information concerning you is no longer accurate. If your data is incomplete, you may request that it be completed.

c) Right to Erasure
: Subject to the conditions set forth in Article 17 of the GDPR and Section 34 of the HDSIG, you have the right to request the erasure of your personal data. However, the right to erasure does not apply if the processing is necessary for compliance with a legal obligation or for the performance of a task carried out in the public interest or in the exercise of official authority, Article 17(3)(b) of the GDPR.

d) Right to restriction of processing
: Article 18(1) of the GDPR grants the right to restriction of processing under the conditions set forth therein.

e) Right to Withdraw Consent
Pursuant to Article 7(3) of the GDPR, you have the right to withdraw your consent at any time. Withdrawal of consent does not affect the lawfulness of processing based on consent that took place prior to the withdrawal.

f) Right to File a Complaint
: If you believe that we have failed to comply with data protection regulations when processing your data, you may file a complaint with the competent supervisory authority pursuant to Article 77(1) of the GDPR. This is the Hessian Commissioner for Data Protection and Freedom of Information, Gustav-Stresemann-Ring 1, 65189 Wiesbaden, Tel. 0611 / 1408-0, Email: poststelle@datenschutz.hessen.de

g) In addition, you may also contact the Data Protection Officer for the Fulda District, as listed in Section 2, with any questions or complaints.

General information on data protection can be found on the website of the Hessian Commissioner for Data Protection and Freedom of Information (www.datenschutz.hessen.de).