Information on data protection for shareholders of LEONI AG
Observance of requirements under data protection legislation is very important to LEONI AG (hereinafter ‘we’ or ‘us’). With the information provided below, we would like to advise our shareholders, shareholder representatives and other participants at our Annual General Meeting on processing your personal data and your rights under this data protection regulation.
More information on data protection at LEONI AG can be found here.
The party responsible:
The party responsible for processing personal data is LEONI AG. You can contact LEONI AG at:
Corporate Investor Relations
Phone: +49 +49 911 -0
Fax: +49 911 2023-455
If you have any comments or questions concerning the processing of personal data, you can contact LEONI AG’s Data Protection Officer at:
Corporate Data Protection, Data Protection Officer
Phone: +49 +49 911 -0
Fax: +49 911 2023-455
Purposes of and legal bases for processing:
We process your personal data based on observing the EU General Data Protection Regulation (GDPR), the German Federal Data Protection Act (BDSG), the German Stock Corporation Act (AktG) and all other pertinent legal requirements.
Shares in LEONI AG are registered. For registered shares, Section 67 of the German Stock Corporation Act (AktG) requires that these are entered in the Company's share register stating the name, date of birth and address of the shareholder as well as – in the case of no-par-value shares – the number held and the share number. The shareholder is as a matter of principle obliged to give the Company these details.
Normally, the credit institutions / custodian banks involved in the purchase, disposal or keeping of registered shares will pass on to us the mandatory information and other details (e.g., along with the aforementioned data, also the citizenship, gender, occupational group and remitting bank) relevant to keeping the share register. In some cases, LEONI AG may also obtain personal data directly from shareholders.
We use your personal data (e.g. last name and first name, address, e-mail address, number of shares, class of shares, type of share ownership, number of the admission ticket, shareholder number and information on the convocation) as well as, where applicable, the personal data on your shareholder representatives for the purposes stipulated in the German Stock Corporation Act; especially for keeping the share register, communicating with you as a shareholder and holding annual general meetings. The processing of personal data is legally required for these purposes. The legal basis for processing your personal data is the German Stock Corporation Act (especially Sections 67, 118 et seq.) in conjunction with Article 6 (1) sentence 1 (c) of the General Data Protection Regulation (GDPR). If the Annual General Meeting is held as a virtual AGM within the meaning of Section 1 (2) of the law on measures under company, cooperative association, club, foundation and residential property law on combating the effects of the COVID-19 pandemic of 27 March 2020 (“COVID-19 Act”), processing of personal data for such a duly prepared and held virtual annual general meeting; for exercise of voting rights as well as for following the meeting by logging in electronically is legally required. The legal basis for such processing is Article 6 (1) sentence 1 (c) of the GDPR in conjunction with Sections 118 et seq. of the German Stock Corporation Act as well as in conjunction with Section 1 of the Covid-19 Act.
Moreover, data processing that is required to organise our annual general meetings may be based on compelling legitimate interests (Article 6 (1) sentence 1 (f) of the GDPR).
We also use your data based on Article 6 (1) sentence1 (c) and (4) of the GDPR for purposes that are consistent with the aforementioned ones (especially for generating statistics, e.g. for presenting shareholder trends, number of transactions or for overviews of the largest shareholders).
We may furthermore process your personal data to fulfil other legal requirements such as regulatory provisions; for example, record-keeping obligations under stock corporation, trading and/or tax law. To conform to requirements under stock corporation law we must, when authorising the proxies appointed by the Company for the Annual General Meeting, for example, verifiably retain the data that serves to prove the authorisation. The respective requirements under Article 6 (1) sentence 1 (c) of the GDPR serve as the legal basis for processing in this case.
In some cases, we will also process your data so far as required to safeguard the legitimate interests of LEONI AG (Article 6 (1) sentence 1 (f) of the GDPR), among other reasons for statistical purposes, to process contact and service enquiries, sending annual reports or participation in the Annual General Meeting as a guest.
On our AGM shareholder portal and as a matter of principle, we use your personal data only for the purpose for which you have provided us with the data; for example, to give you access to services related to the Annual General Meeting including facilitation of logging in electronically to follow an AGM, for individual and electronic registration on the AGM shareholder portal, to document your online registration to the Annual General Meeting and admission ticket order, to document online orders (especially of admission tickets), to document your vote cast by postal voting, to document your authorised proxy at the Annual General Meeting and any instructions you may have issued, to submit questions asked in advance in the case of a virtual Annual General Meeting, to contact you in reply to any enquiries concerning the Annual General Meeting or to give you access to certain information.
If you consented on our AGM shareholder portal to being contacted electronically for mailing of the invitation to the Annual General Meeting, for participation in a shareholders’ prize draw or for mailing of other LEONI AG information, we will process your email address based on the respectively issued consent Article 6 (1) sentence 1 (f) of the GDPR).
Video and audio recordings of the Annual General Meeting may be made. Shareholders, shareholder representatives as well as other participants may be shown in such video recordings. The recordings are stored, processed and published for the purpose of documenting the event and as part of our public relations work. Both making and publishing such recordings constitute a legitimate interest of LEONI AG within the meaning of Article 6 (1) sentence 1 (f) of the GDPR. If you do not wish to be video or audio recorded, please mention this directly to the person making the recordings so that your wish may be considered. We should point out that information on the internet is accessible worldwide; that it can be found with search engines and linked with other information, which might make it possible to generate personality profiles. Information uploaded to the internet, including photo images, can be easily copied and spread, and there are specialised archiving services that aim to permanently document the state of certain websites at certain times. This may lead to it still being possible to find information published on the internet elsewhere even after it has been deleted from its original site.
Should we wish to process your personal data for a purpose not previously stated, we would notify you in advance and in line with the legal requirements.
Recipients of your data:
To some extent, we use third-party service providers as well as companies associated the Group, who will be given access to your personal data as part of the tasks assigned to them, to keep the share register as well as hold our Annual General Meeting (e.g. for printing and sending the invitation documents and for carrying out the Annual General Meeting). As part of such task processing, our partners are carefully chosen and are obliged under Article 28 of the GDPR to observe LEONI AG’s data protection standards. The service providers and companies associated with our Group that we commission will process your personal data exclusively in accordance with our instruction and only to the extent required to perform the commissioned service. All employees of LEONI AG, its group of companies and the staff of the commissioned service providers who have access to and/or process your personal data are obliged to treat this data confidentially.
We might furthermore be obliged to pass your personal data to such other recipients as authorities to fulfil statutory reporting obligations.
If you participate in the Annual General Meeting, other shareholders of LEONI AG or shareholder representatives can, in accordance with Section 129 of the German Stock Corporation Act, view your personal data as recorded in the register of participants for up to two years after the Annual General Meeting. If you wish to submit an application for an addition to the agenda, countermotions or election nominations, we may under certain circumstances be obliged to publish your name. If the Annual General Meeting is held as a virtual AGM in line with Section 1 (2) of the Covid-19 Act, the personal data of shareholders or shareholder representatives who exercise their voting rights are, in keeping with the legal requirements (especially the register of participants, Section 129 of the German Stock Corporation Act) made available to other shareholders and shareholder representatives. This also applies to questions that shareholders or shareholder representatives may have submitted in advance (Section 1 (2), no. 3 of the Covid-19 Act); to statements with respect to the agenda submitted in advance and in the context of an announcement of shareholder motions to supplement the agenda as well as countermotions and nominations.
Under certain circumstances, we may, based on Article 6 (1) sentence 1 (f) of the GDPR as well as Article 85, GDPR in conjunction with Section 22 (f) of the German Copyrights Act, pass video and audio recordings of our events to representatives of the media who can edit these recordings for journalistic purposes.
Transfers to third countries:
If we were to pass on your personal data to service providers outside the European Economic Area (EEA), this would occur only to the extent that the EU Commission has confirmed the third country has an appropriate level of data protection or other appropriate data protection guarantees (e.g. binding data protection regulations within entities or an agreement on the EU Commission’s standard contractual clauses).
Detailed information in this regard as well as on the data protection level of service providers in third countries can be requested from us via the contact details stated above.
As a matter of principle, we anonymise or delete your personal data as soon as it is no longer required for the stated purposes, your personal data is no longer needed for possible administrative and court proceedings and there are no other legal proofing and record-keeping obligations (e.g. under corporation, trading and/or tax law) or justifications for storage.
The period for storing data recorded in connection with the Annual General Meeting is normally up to three years.
We are normally obliged to keep the data stored in the share register for another ten years after the shares are sold. Beyond that, we keep your personal data only in individual cases as required, for example, in connections with claims.
Rights of persons concerned:
Under the legal provisions, you have the right to seek via the contact details stated above (Article 15, GDPR) information on your processed personal data and to rectification (Article 16, GDPR) or erasure (Article 17, GDPR) or to restriction of processing (Article 18, GDPR).
You furthermore have the option of contacting the responsible regulatory authority.
Right to object (Article 21, GDPR): If we process your personal data to safeguard compelling legitimate interests (Article 6 (1) sentence 1 (f) of the GDPR), you may object where there are reasons due to your particular situation that override such data processing. Please submit your withdrawal of consent via the contact details provided above.
Right to withdraw consent (Article 7 (3), GDPR): If we process your personal data based on consent you have issued (Article 6 (1) sentence 1 (a) of the GDPR), you may withdraw this consent at any time. Please submit your withdrawal of consent via the contact details provided above.
Right to data portability (Article 20, GDPR): If we process your personal data based on consent you have issued (Article 6 (1) sentence 1 (a) of the GDPR), you have the right to receive the personal data concerning you in a structured, commonly used and machine-readable format.
Our general notes on data protection, especially concerning use of LEONI’s website, can be found at https://www.leoni.com/en/data-protection/.