Data Protection Statement for Healthcare Professionals

Data Protection Statement for Healthcare Professionals

Data protection information for healthcare professionals providing a service or otherwise interacting with us

Last updated November 2020.

As a healthcare professional (HCP) providing a service or otherwise interacting with Fresenius Kabi AG (“we”), we will collect and use certain personal data from you.

This data protection statement informs you about the processing of personal data in connection with your relationship with us as HCP.

Please be aware that we also may process your personal data in other contexts, e.g. when you visit our website or when you are a business contact for products or services. Please see the specific information on the processing of your personal data in such situations.

Why We Collect and Use Your Data

What Data We Collect and How We Do That

Legal Basis for Processing Your Data

We process your personal data on one or more of the following legal bases:

The processing of your personal data is necessary for the performance of a contract (to be) concluded between you and us (Art. 6.1 b, GDPR)
The processing of your personal data is necessary for us in order to comply with a legal obligation we are subject to (Art. 6.1 c GDPR). More specifically we are obliged to comply with national and, if applicable, international laws and regulations relating to the fight against corruption, anti-money laundering anti-terrorism financing and other economic crime. We have to assess the appropriateness of the remuneration and other payments made and other support granted to you and are subject to certain documentation, publication and reporting obligations and therefore, can be obliged to disclose the remuneration paid or other support in kind availed to you as a speaker or other service provider, to your employer or to competent regulatory authorities, criminal prosecutors and other recipients responsible for the implementation of transparency rules upon request, or make such payments and in kind support available publicly. This includes particularly documentation, disclosure and reporting obligations in connection with medicines, medical devices and healthcare regulations, transparency laws, laws on anti-money laundering and self-regulatory regimes such as industry and patient codes
The processing is necessary for purposes of the legitimate interests pursued by us or by a third party, except where such interests are overridden by your interests or fundamental rights and freedoms which require protection of personal data (Art. 6.1 f, GDPR). These legitimate interests are:
- Maintenance of a database that contains all HCPs with whom we already collaborated or may collaborate in the future, to manage the interactions with you and other HCPs
- Establishment, exercise or defense of legal claims
You have given us your consent for the intended processing of your personal data (Art. 6.1 a GDPR)

You can withdraw your consent at any time. You can withdraw your consent to all processing or for individual purposes of your choice. The withdrawal of consent will not affect the lawfulness of processing based on your consent before the withdrawal. You can withdraw your consent by sending an email to dataprotectionofficer@fresenius-kabi.com.

We Share Your Data

We collaborate with other organizations to achieve our purposes. Therefore, we may send your personal data in parts or as a whole to other organizations.

This applies particularly to payment and other financial data and contract data that will be accessible only to a very limited number of recipients who have a need to know the data for the fulfillment of their tasks, subject to any disclosure obligations.

Such recipients are:

Other Fresenius Group companies if such a transfer of personal data is required for the specific purpose, or that may be interested in working with you (please refer to the overview of the locations in which Fresenius Kabi Group companies are active)
Service providers which process personal data on our behalf (e.g. for hosting or maintenance services) and have to follow our instructions on such processing; these service providers will not be allowed to use your personal data for other than our purposes
Competent regulatory authorities, criminal prosecutors and other recipients responsible for the implementation of transparency rules as well as criminal laws and administrative laws
Authorities, courts, parties in a litigation to the extent required to meet any applicable law, regulation, legal process or enforceable governmental request
The general public, to the extent we are obliged to publicly disclose payments made to you and other benefits provided to you, e.g. meals, travel and lodging as well as other hospitality. Where there is no statutory legal basis for public disclosure including the identity of the recipient, you may choose to withhold your consent to such disclosure, and we would then disclose the payments and benefits on an anonymous aggregated basis
Professional advisors or auditors, such as tax advisors, financial auditors, lawyers, insurers, banks and other external professional advisors in the countries in which we operate

International data transfers

We may send your personal data in parts or as a whole to Fresenius Group recipients in countries, which are not member states of the European Union or to international organizations, for the purposes listed above. Please refer to the overview of the locations in which Fresenius Kabi Group companies are active.

We may send data to the following countries for which the European Commission has determined an adequate level of data protection to be in place that matches the level of data protection within the European Union in which Fresenius entities are established: Argentina, Canada, Japan, New Zealand, Switzerland or Uruguay.

With regards to such international data transfers to third countries, for which the European Commission has not decided that an adequate level of data protection exists, we have provided appropriate safeguards in order to secure your personal data to a degree that equals the level of data protection in the European Union.

Safeguards used are:

Standard Contractual Clauses that have been issued by the European Commission

You can obtain a copy of these standard contractual clauses online, or upon request.