Data privacy for shareholders

Information for shareholders of Porsche Automobil Holding SE on the processing of their personal data

Compliance with the provisions of data protection law is very important to Porsche Automobil Holding SE („Porsche SE“ – hereinafter „we“ or „us“).

In the following, we would like to inform our shareholders about the processing of their personal data and about their rights under data protection law.

 

I. Responsibilities and contact information

The controller of the processing of personal data is Porsche SE. You may reach Porsche SE at:

Porsche Automobil Holding SE
Porscheplatz 1
70435 Stuttgart
Telephone: +49 711 911 24420
Telefax: +49 711 911 11819
Email: investorrelations@porsche-se.com
 

You may address your questions or comments on the processing of personal data to the data protection officer of Porsche SE:

Porsche Automobil Holding SE
Der Datenschutzbeauftragte (The Data Protection Officer)
Porscheplatz 1
70435 Stuttgart
Email: datenschutzbeauftragter@porsche-se.com

 

II. Purposes and legal bases of the processing

We process your personal data in full compliance with the provisions of the European Data Protection Regulation („GDPR“), the German Federal Data Protection Act (Bundesdatenschutzgesetz („BDSG“), The German Telecommunications and Telemedia Data Protection and Privacy Act („TTDSG“) and all other relevant data protection regulations.

Generally, Porsche SE will receive the shareholders personal data from the credit institution that the shareholders have entrusted with the safekeeping of their bearer shares (so-called depository bank) via the registration office. In some cases, Porsche SE may receive personal data directly from the shareholders.

We process your personal data (e.g. last name and first name, address, number of shares held, class of shares, authorizations/instructions and registration confirmation number and login data for the shareholders’ portal) as well as personal data of your shareholder representatives, if any, to the extent that this is necessary for the fulfilment of legal obligations and for the intended processing purposes, in particular for the performance of General Shareholders' Meetings. This includes in particular

  • the handling of the registration for the General Shareholders' Meeting;
  • the creation of lists of participants/presence lists;
  • the verifiable record of the authorization of proxies, including those appointed by the company for the General Shareholders' Meeting.

In the case of a virtual General Shareholders' Meeting, this includes in particular

  • the video and audio transmission,
  • the exercise of shareholders' voting rights,
  • the submission of questions,
  • the publication of statements in text form on the shareholder portal,
  • following along with the General Shareholders' Meeting by tuning in to the virtual General Shareholders' Meeting electronically.

The legal basis for the aforementioned data processing is Art. 6 para. 1 sentence 1 lit. c or lit. a (in the case of publication of statements in text form on the shareholder portal) GDPR in conjunction with Art. 52 et seq. of Council Regulation (EC) No. 2157/2001 (SE Regulation), §§ 67e, 118 et seq. German Stock Corporation Act (AktG)1  as well as - in the case of a virtual General Shareholders' Meeting - in conjunction with § 1 of the Act Concerning Measures Under the Law of Companies, Cooperative Societies, Associations, Foundations and Commonhold Property to Combat the Effects of the COVID-19 Pandemic ("Covid-19 Act"). 

When you use the shareholders’ portal as part of the virtual General Shareholders' Meeting, we process via server log files, the following information which your browser automatically transmits to us for technical reasons:

  • Date and time of access, volume of data transmitted, message indicating whether access was successful, IP address, type of web browser, the website previously visited.

This data is not merged with other data sources. The legal basis for this is Art. 6 para. 1 sentence 1 lit. b GDPR.

Furthermore, it is necessary for the operation of the shareholders’ portal that cookies are stored on your device. We only use cookies that are necessary for the use of the shareholders’ portal. You can prevent the setting of a cookie by setting your browser so that it does not allow cookies to be stored. However, blocking all cookies may prevent you from using the shareholders’ portal. The legal basis for this data processing is § 25 para. 2 No. 2 TTDSG.

In addition, Porsche SE processes personal data of shareholders on the basis of Art. 6 para. 1 sentence 1 lit. f GDPR as necessary to protect the overriding legitimate interests pursued by Porsche SE in certain individual cases. This occurs, inter alia,

  • for the preparation of statistics on, for instance, the changes in the shareholder structure, the number of transactions or the major shareholders;
  • for the processing of contact and service requests;
  • for the sending of financial publications;
  • for participating in our General Shareholders' Meeting as a guest.
  • for disclose the shareholder or the authorized representative in the context of answering questions, which the Board of Management reserves the right to do at the Annual General Meeting

In addition, Porsche SE is subject to various other legal obligations (Art. 6 para. 1 sentence 1 lit. c GDPR) that may require the processing of your personal data. Such legal obligations may follow, for example, from regulatory requirements, sanctions laws as well as commercial and taxation laws.

 

III. Note on the on the possible recording and publishing of image and sound recordings of the event

During the General Shareholders' Meetings, image and sound recordings may be made and stored. Shareholders and other participants of our events could be pictured on these recordings. These image and sound recordings may in particular be published on our website www.porsche-se.com and on our company pages in the social media for the purpose of reporting and advertising our services.

We would like to point out that information on the Internet is accessible worldwide, can be found with search engines and linked to other information, from which personality profiles can possibly be created. Information posted on the Internet, including photographs, can be easily copied and distributed, and there are specialised archiving services whose aim is to permanently document the state of certain websites on certain dates. As a result, information published on the Internet may still be found elsewhere even after it has been deleted on the original website.


Legal basis:

We have a legitimate interest in the creation and storage of the image and sound recordings in accordance with Art. 6 para. 1 sentence 1 lit. f GDPR.

By participating, you consent to the publication of image and sound recordings of the event on which you are also pictured.

If you do not agree, please inform the photographer or one of our employees. You have the right to withdraw your consent at any time. However, even if you withdraw your consent, the recordings may still be published and displayed for reporting purposes in accordance with Sec. 23 para. 1 No. 3 of the German Art Copyright Act if the event itself is clearly in the foreground of the recordings.

 

IV. Recipient(s) of your data

Within Porsche SE, only authorised staff with relevant competencies will have access to your personal data.

For the organization of the General Shareholders' Meeting (e. g. for performing the service of the registration office for the General Shareholders' Meeting, for the video and audio broadcast, the electronic communication and the operation of the shareholders’ portal at a virtual General Shareholders' Meeting), we commission, to some extent, third-party service providers that will also be granted access to your personal data in the context of the tasks assigned to them. In the context of commissioned data processing, our partners are carefully selected and are obligated pursuant to Art. 28 GDPR to observe the data protection standards of Porsche SE. The service providers commissioned by us will process your personal data exclusively as instructed by us and only to the extent that is necessary for the performance of the services commissioned. Furthermore, we may be obligated to transmit your personal data to further recipients such as, for instance, public authorities in order to comply with statutory reporting obligations.

If you participate in the General Shareholders' Meeting and exercise your voting rights, other shareholders of Porsche SE and their authorized representatives may access, pursuant to Sec. 129 AktG, data relating to you that is contained in the list of participants, if any, for up to two years following the General Shareholders' Meeting. This also applies to questions that shareholders and their authorized representatives have submitted in advance in case of a virtual General Shareholders’ Meeting (§ 1 para. 2 no. 3 of the Covid-19 Act). The Executive Board will possibly disclose the name of the shareholder or the authorized representative when answering questions, unless the shareholder or the authorized representative has objected thereto.If you wish to submit a motion for the amendment of the agenda, countermotions or nominations of candidates, we may, under certain conditions, be obligated to publish your name. The same applies to the publication of statements by shareholders or their authorized representatives on the shareholder portal.

 

V. Storage period

We will anonymize or erase your personal data as soon as they are no longer required for the aforementioned purposes, the personal data is no longer required for any administrative or court proceedings, if any, and no other statutory obligations to furnish evidence or record retention requirements (e. g. under the AktG, the German Commercial Code (Handelsgesetzbuch) or the German Tax Code (Abgabenordnung)) apply or any reasons justifying the storage exist.

 

VI. Rights of the data subjects

Subject to the statutory requirements, you have the right to access information (Art. 15 GDPR) about your processed personal data and to require rectification (Art. 16 GDPR) or erasure (Art. 17 GDPR) of your personal data or the restriction of processing (Art. 18 GDPR) using the contact information indicated above.

Right to object (Art. 21 GDPR): If we process your data for the purposes of the legitimate interests pursued by us (Art. 6 para. 1 sentence 1 lit. f GDPR), you may object to such processing at any time with effect for the future on grounds relating to your particular situation that oppose such data processing. Please submit your objection to the contact address indicated above.

If we process your personal data on the basis of your consent (Art. 6 para. 1 sentence 1 lit. a GDPR), you may withdraw your consent at any time (Art. 7 para. 3 GDPR). Please submit your withdrawal to the contact address indicated above. If you have given your consent, you are further entitled to receive the personal data relating to you in a structured, commonly used and machine-readable format (Art. 20 GDPR).

We would also like to draw your attention to your right of appeal to a supervisory authority. The supervisory authority responsible for us is the State Commissioner for Data Protection and Freedom of Information of Baden-Württemberg, Lautenschlagerstraße 20, 70173 Stuttgart.

 

 

1 The provisions of the German Stock Corporation Act apply to the company pursuant to Art. 9 para. 1 lit. c) (ii) of Council Regulation (EC) No 2157/2001 of 8 October 2001 on the Statute for a European company (SE) (the SE Regulation).