Data protection information for shareholders of ProSiebenSat.1 Media SE
As of May 25, 2018, new data protection requirements apply due to the EU General Data Protection Regulation. With the following information, we are notifying you of the processing of your personal data by ProSiebenSat.1 Media SE and of the rights you are entitled to in accordance with data protection law as part of your share acquisition and the use of the general meeting online service (Shareholder Portal).
Data processing controllers
ProSiebenSat.1 Media SE, Medienallee 7, 85774 Unterföhring, Germany
For questions regarding data protection in the share register, please contact the shareholder hotline at firstname.lastname@example.org
The Data Protection Officer of ProSiebenSat.1 Media SE can be reached at this address:
ProSiebenSat.1 Media SE, Group Data Protection Officer, Medienallee 7, 85774 Unterföhring, Germany, email@example.com
Purpose and legal basis of data processing
ProSiebenSat.1 Media SE processes your personal data in compliance with the EU General Data Protection Regulation (GDPR), the German Federal Data Protection Act (Bundesdatenschutzgesetz/BDSG), the German Stock Corporation Act (Aktiengesetz/AktG), as well as all other relevant legal requirements.
ProSiebenSat.1 Media SE shares are registered no-par shares. For such registered shares, section 67 AktG stipulates that they must be entered in the share register of the entity with an indication of the name, date of birth, and address of the shareholder, along with the quantity and share numbers. The credit institutions involved in the acquisition, custody, or sale of your ProSiebenSat.1 Media SE shares regularly forward personal data, as well as other information relevant for updating the share register (e.g. nationality, gender, and submitting bank) to the share register. This is done via Link Market Services GmbH as the share register keeper.
ProSiebenSat.1 Media SE uses your personal data for the purposes provided for in the German Stock Corporation Act. These are in particular the maintenance of the share register, the communication with shareholders, and the processing of Annual General Meetings. Additionally, your data may be used to prepare statistics, for instance for the analysis of shareholder developments or transactions. The legal basis for the processing of your personal data is the German Stock Corporation Act in conjunction with Art. 6 Para. 1 c) and Para. 4 GDPR.
During the use of the general meeting online service (via the Shareholder Portal on www.prosiebensat1.com), the processing serves the following purposes:
· Documentation of your online registration for the Annual General Meeting
· Documentation of the power of attorney of a representative for participation in the Annual General Meeting
· Identification upon access of the live broadcast for shareholders
· Registration of your participation in the electronic Annual General Meeting document dispatch
Furthermore, if needed, your personal data is also processed to meet other legal obligations, such as supervisory requirements, along with share, trade, and tax law retention obligations. For example, for the power of attorney of the proxy representatives appointed by the entity for the Annual General Meeting, the data that serves as proof of the power of attorney must be proven to be documented and retained in a protected manner for three years (Section 134 Para. 3 S. 5 AktG). In this case, the respective legal regulations serve as the legal basis for processing in conjunction with Art. 6 Para. 1 c) GDPR.
In individual cases, ProSiebenSat.1 Media SE also processes your data to protect legitimate interests in accordance with Art. 6 Para 1 f) GDPR. This is the case when, for instance, individual shareholders have to be excluded from information on purchase offers during capital raising due to their nationality or domicile in order to comply with the security instrument requirements of the respective countries.
If your personal data is intended to be processed for another purpose, you will be informed of this beforehand under the legal provisions.
External partners and service providers
ProSiebenSat.1 Media SE relies on various external service providers. These are the service providers for the maintenance of the share register, service providers for IT, and service providers for the preparation and execution of the Annual General Meeting. They are generally involved as processors, which may only process the personal data of users in accordance with our instructions. In this case, ProSiebenSat.1 Media SE remains responsible for the protection of your data.
In particular, the general meeting online service is provided via the Shareholder Portal of Computershare Deutschland GmbH & Co. KG. There is no use of the data for own purposes.
Beyond that, it may be necessary to forward your personal data to other recipients, provided this is necessary for the fulfillment of legal obligations. If you attend the Annual General Meeting, other ProSiebenSat.1 Media SE shareholders can, in accordance with Section 129 AktG, see the data about you entered in the participant directory legally required under stock law.
Furthermore, we also forward your data to other recipients, who reliably process your personal data on their own authority. These are, for instance, authorities for the fulfillment of legal reporting obligations (e.g. in the event the legally prescribed voting right thresholds are exceeded).
For the data that is recorded in connection with Annual General Meetings, the regular retention period is up to three years. The data recorded in the share register is retained for a regular period of ten years after the sale of the stock. Furthermore, ProSiebenSat.1 Media SE will only retain the aforementioned personal data if this is necessary in connection with claims that are asserted against the entity (there is a legal statute of limitation period of up to 30 years). Fundamentally, your personal data is deleted or anonymized as soon as it is no longer needed for the aforementioned purposes and we are not bound to further retention due to legal burden of proof or retention obligations.
Transmission of data outside the European Union
If we forward personal data to service providers outside of the European Economic Area (EEA), this forwarding only takes place to the extent that the third-party country, through the intermediary of the EU Commission, has been granted confirmation of a suitable data protection level or that other appropriate data protection guarantees (for instance, binding corporate rules or to the standard contractual clauses of the EU) exist.
Currently, there is no transfer to third-party countries without sufficient guarantees.
As a shareholder, under Section 67 Para. 1 Sentence 2 AktG, you are obligated to share the necessary information about yourself with the entity. The credit institutions that are involved in the transfer or custody of registered shares are also obligated to forward the information necessary for maintaining the share register to ProSiebenSat.1 Media SE (Section 67 Para. 1, 4 AktG).
Rights of the data subject
If you have any questions or complaints regarding data protection, please contact us. You will find our contact information above in this document.
In line with the relevant statutory conditions, you have the right to access the information stored about you in accordance with Art. 15 GDPR, the right to correct your data in accordance with Art. 16 GDPR, the right to delete your data in accordance with Art. 17 GDPR, the right to restrict processing in accordance with Art. 18 GDPR, as well as the right to data portability arising from Art. 20 GDPR.
After registration on the Shareholder Portal on www.prosiebensat1.com, you can see the main information about you stored in the share register.
You also have the option to contact the aforementioned Data Protection Officer or a data protection authority with comments or complaints. The relevant data protection supervisory authority for ProSiebenSat.1 Media SE is:
Data Protection Authority of Bavaria for the Private Sector, Promenade 27, 91522 Ansbach, Germany: https://www.lda.bayern.de/en/contact.html
Right to object
To the extent that we process your data to preserve legitimate interests (Art. 6 Para. 1 f) GDPR) and reasons against this data processing arise from your specific situation, you can file an objection with the Controller (see above). Provided that the processing does not serve overriding legitimate interests on our part, we will then cease this processing.
Status of this information: March 2019