Becker Guide & Tour Services (BGTS) does not send any advertising. We don't send mails or call our customers. Only, if they expressly request it.
We do not process any data. We just need the name of a group, the meeting time and meeting point. If possible, we recieve a cell phone number that does not even have to be the one of the client.
According to Article 4 No. 8 GDPR and Article 29 GDPR, are processors of data those, who are processing personal data in functional and factual terms on behalf and according to the instructions of a responsible person.
However, the Bavarian State Office for Data Protection Supervision (LDA Bayern) has established the criteria of a "use of external specialist services". In their opinion, there is no order of processing data, if external specialist services and the associated data processing is rather secondary and not the core of the activity of the commissioning. This applies totally to BGTS activities.
LDA also says:
"The commissioning of technical services of a different kind, i.e. with a service that does not focus on data processing and where data processing is not at least an important (core) component, does not constitute an order of processing in the sense of data protection law. "
In order to delimit or assess whether is an order of data processing, the LDA is using the following (extended) criteria, whereby these have not be cumulative:
• data processing is only a subordinate
secondary purpose of the
commissioning
• in essence, the job is aimed at a
different activity than processing data
• the data processing is not an
important part of the assignment
• data are not used for other purposes
• no link with other data.
In conclusion, the LDA-Bayern's FAQ list states:
The mediation of service providers to customers by travel agencies on behalf of customers (hotels, bus and car rental companies, airlines, insurances etc.) is not an processing order, but an external, independent professional service.
(Source: WP 169, example 8; LDA-Bayern, FAQ list from 07/20/2018).
EU General Data Protection Regulation (GDPR)
Becker Guide & Tour Services (BGTS) does not send any advertising.
We don't send mails or call our customers. Only,
if they specifically
requested it.
We do not process any data. We just need the name of a group, the
meeting time and meeting point. If possible, we recieve a cell phone
number that does not even have to be the one of the client.
According to Article 4 No. 8 GDPR and Article 29 GDPR, are processors
of data those, who are processing personal data in functional and factual
terms on behalf and according to the instructions of a responsible person.
However, the Bavarian State Office for Data Protection Supervision (LDA
Bayern) has established the criteria of a "use of external specialist services".
In their opinion, there is no order of processing data, if
external specialist
services and the associated data processing is rather secondary and not the
core of the activity of the commissioning. This applies totally to the BGTS
activities.
LDA also says:
"The commissioning of technical services of a different kind, i.e. with a
service that does not focus on data processing and where data processing
is not at least an important (core) component, does not constitute an order
of processing in the sense of data protection law. "
In order to delimit or assess whether is an order of data processing, the
LDA is using the following (extended) criteria, whereby these have not be
cumulative:
• data processing is only a subordinate secondary purpose of the
commissioning
• in essence, the job is aimed at a different activity than processing
data
• the data processing is not an important part of the assignment
• data are not used for other purposes
• no link with other data.
In conclusion, the LDA-Bayern's FAQ list dated on July 20, 2018 states:
Mediation of travel services
The mediation of service providers to customers by travel agencies
on behalf of customers (hotels, car and bus rental companies, airlines,
insurance companies, etc.) is not an processing order, but an external,
independent professional service.
(Source: WP 169, example 8; LDA-Bayern, FAQ list from 07/20/2018).
