1.1 Data protection rights and judicial remedies
Data protection rights and judicial remedies of data subjects are included in the relevant Articles of the GDPR (in particular Articles 15, 16, 17, 18, 19, 20, 21, 22, 77, 78, 79 and 82 of GDPR). The following summary contains the most relevant provisions and defines how Egis informs data subjects of their data protection rights and judicial remedies connected to data processing.
Egis shall provide information on actions taken on a request (under Articles 15 to 22 of GDPR) to the data subject without undue delay and in any event within one month of receipt of the request. That period may be extended by two further months where necessary, taking into account the complexity and number of requests. Egis shall inform the data subject of any such extension within one month of receipt of the request, together with the reasons for the delay. Where the data subject makes the request by electronic means, the information shall be provided by electronic means where possible, unless otherwise requested by the data subject.
If Egis does not take action on the request of the data subject, Egis shall inform the data subject without delay and at the latest within one month of receipt of the request of the reasons for not taking action and on the possibility of lodging a complaint with a supervisory authority and seeking a judicial remedy.
The information requested by data subject shall be provided by Egis in writing, or where the data subject made the request by electronic means or where requested, the information shall be provided by electronic means. When requested by the data subject, the information may be provided orally, provided that the identity of the data subject is proven to Egis.
1.2 Right of access
(1) The data subject shall have the right to obtain from Egis confirmation as to whether or not personal data concerning him or her are being processed, and where that is the case, 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 recipients to whom the personal data have been or will be disclosed by Egis, 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 right to request from Egis rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;
f) the right to lodge a complaint with a supervisory authority; and
g) where the personal data are not collected from the data subject, any available information as to their source;
h) automated decision-making, including profiling, referred to in Sections (1) and (4) of Article 22 of 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.
(2) Where personal data are transferred to a third country, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.
(3) Egis shall provide a copy of the personal data undergoing processing. For any further copies requested by the data subject, Egis may charge a reasonable fee based on administrative cost. Where the data subject makes the request by electronic means, and unless otherwise requested by the data subject, the information shall be provided in a commonly used electronic form.
1.3 Right to rectification
The data subject shall have the right to obtain from Egis without undue delay the rectification of inaccurate personal data concerning him or her. Furthermore, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
1.4 Right to erasure (”right to be forgotten”)
(1) The data subject shall have the right to obtain from Egis the erasure of personal data concerning him or her without undue delay where one of the following grounds applies:
a) the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed by Egis;
b) the data subject withdraws consent on which the processing is based and where there is no other legal ground for the processing;
c) the data subject objects to the processing and there are no overriding legitimate grounds for the processing;
d) the personal data have been unlawfully processed;
e) the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which Egis is subject; or
f) the personal data have been collected in relation to the offer of information society services.
(2) Where Egis has made the personal data public and is obliged pursuant to paragraph 1 to erase the personal data, Egis, taking account of available technology and the cost of implementation, shall take reasonable steps, including technical measures, to inform processors that are processing the personal data that the data subject has requested the erasure by such processors of any links to, or copy or replication of, those personal data.
(3) Paragraphs 1 and 2 shall not apply to the extent that processing is necessary, including but not limited to the following:
a) for exercising the right of freedom of expression and information;
b) for compliance with a legal obligation which requires the processing of personal data by Union or Member State law to which Egis is subject;
c) for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in so far as the right referred to in paragraph 1 is likely to render impossible or seriously impair the achievement of the objectives of that processing; or
d) for the establishment, exercise or defence of legal claims.
1.5 Right to restriction of processing
(1) The data subject shall have the right to obtain from Egis restriction of processing where one of the following applies:
a) the accuracy of the personal data is contested by the data subject, for a period enabling Egis to verify the accuracy of the personal data;
b) the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead;
c) Egis no longer needs the personal data for the purposes of processing, but they are required by the data subject for the establishment, exercise or defence of legal claims; or
d) the data subject has objected to processing, for a period pending the verification whether the legitimate grounds of Egis override those of the data subject.
(2) Where processing has been restricted under paragraph 1, such personal data shall, with the exception of storage, only be processed with the data subject’s consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.
(3) A data subject who has obtained restriction of processing shall be informed by Egis before the restriction of processing is lifted.
1.6 Notification obligation regarding rectification or erasure of personal data or restriction of processing
Egis shall communicate any rectification or erasure of personal data or restriction of processing to each recipient to whom the personal data have been disclosed, unless this proves impossible or involves disproportionate effort. Egis shall inform the data subject about those recipients if the data subject requests it.
1.7 Right to data portability
(1) The data subject shall have the right to receive the personal data concerning him or her, which he or she has provided to Egis, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from Egis, where:
a) the processing is carried out based on consent, or on a contract; and
b) the processing is carried out by automated means.
(2) In exercising his or her right to data portability pursuant to paragraph 1, the data subject shall have the right to have the personal data transmitted directly from one controller to another (from Egis to another controller), where technically feasible.
(3) The exercise of the right referred to in paragraph 1 shall be without prejudice to the provisions of right to erasure (“right to be forgotten”) and the right shall not adversely affect the rights and freedoms of others.
1.8 Right to object
(1) The data subject have the right to object, on grounds relating to his or her particular situation, at any time to legitimate processing of personal data concerning them, including profiling. In these cases, Egis shall no longer process the personal data unless Egis demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject or for the establishment, exercise or defence of legal claims.
(2) Where personal data are processed for direct marketing purposes, the data subject shall have the right to object at any time to processing of personal data concerning him or her for such marketing, which includes profiling to the extent that it is related to such direct marketing.
(3) Where the data subject objects to processing for direct marketing purposes, the personal data shall no longer be processed for such purposes.
(4) In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, the data subject may exercise his or her right to object by automated means using technical specifications.
(5) Where personal data are processed for scientific or historical research purposes or statistical purposes, the data subject, on grounds relating to his or her particular situation, shall have the right to object to processing of personal data concerning him or her, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
1.9 Right to lodge a complaint with a supervisory authority
The data subject has the right to lodge a complaint with a supervisory authority, in particular in the Member State of his or her habitual residence, place of work or place of the alleged infringement, if the data subject considers that the processing of personal data relating to him or her infringes GDPR regulations. The supervisory authority in Hungary is the Hungarian National Authority for Data Protection and Freedom of Information (Nemzeti Adatvédelmi és Információszabadság Hatóság, http://naih.hu/; address: 1055 Budapest, Falk Miksa utca 9-11, postal address: 1374 Budapest, Pf. 603., postal address: 1374 Budapest, Pf. 603.; phone: +3613911400; fax: +3613911410; email: ugyfelszolgalat@naih.hu).
1.10 Right to an effective judicial remedy against the supervisory authority
(1) The data subject shall have the right to an effective judicial remedy against a legally binding decision of a supervisory authority.
(2) The data subject shall have the right to an effective judicial remedy where the supervisory authority does not handle a complaint or does not inform the data subject within three months on the progress or outcome of the complaint lodged.
(3) Proceedings against a supervisory authority shall be brought before the courts of the Member State in which the supervisory authority has its seat.
1.11 Right to an effective judicial remedy against Egis or the data processor
(1) Without prejudice to any available administrative or non-judicial remedy, including the right to lodge a complaint with a supervisory authority, each data subject shall have the right to an effective judicial remedy where he or she considers that his or her rights under the GDPR have been infringed as a result of the processing of his or her personal data in non-compliance with the GDPR.
(2) Proceedings against Egis or the processor shall be brought before the courts of the Member State where Egis or the processor pursues its activities. Such proceedings may also be brought before the courts of the Member State of the data subject’s habitual residence.
(3) For a detailed list of courts please visit: https://birosag.hu/ugyfelkapcsolati-portal/illetekessegkereso.
(4) In Hungary, tribunals have jurisdiction in these kinds of proceedings. The dispute – pursuant to the choice of the individual – can be initiated in front of the tribunal based on the address or place of residence of the individual.
Last update: 5 October 2020