This English version is provided solely as a translation aid for English-speaking participants. The services are provided in Germany and remain subject to German law, German legal terminology and the requirements of the competent German authorities and institutions. German abbreviations, statutory references and official names have therefore been retained. Explanatory English translations may be provided in brackets for ease of understanding.
I consent to the processing of the data I have provided, in compliance with the DSGVO (Datenschutz-Grundverordnung – General Data Protection Regulation), for the purpose of providing midwifery services.
Where no services have yet been provided, this consent may be withdrawn at any time. Where services have already been provided, the data will be used solely as evidence of the proper handling of the services provided to date, for example for the documentation of midwifery services and the billing of midwifery services.
The withdrawal of consent shall not affect the lawfulness of any data processing carried out on the basis of that consent prior to its withdrawal.
Your data will be permanently deleted once the statutory retention periods for documentation and billing have expired. The retention period is 30 years in the case of home births and 10 years in all other cases.
I will not disclose your data without your consent, except where disclosure is required by law, including for billing purposes.
I process your data in accordance with the applicable data protection provisions.
You generally have the rights to access, rectification, erasure, restriction of processing, data portability, withdrawal of consent and objection. If you believe that the processing of your data infringes data protection law or that your data protection rights have otherwise been violated, you may lodge a complaint with the competent supervisory authority.
In the course of her midwifery work, the midwife collects, processes and uses personal data relating to the patient and to any unborn or born child or children involved in the care provided.
In addition to information relating to you personally and relevant social data, such as your name, contact details and insurance information, this also includes health data relevant to the care provided.
The legal basis for processing your data is Art. 9 Abs. 2 lit. h DSGVO in conjunction with § 22 Abs. 1 Nr. 1 lit. b BDSG nF (Bundesdatenschutzgesetz, neue Fassung – German Federal Data Protection Act, revised version)concerning healthcare provision, or, where your explicit consent is required, Art. 9 Abs. 2 lit. a DSGVO.
For billing purposes, the midwife uses an external billing service, namely AZH – Abrechnungszentrale für Hebammen GmbH, and transfers the patient data relevant to billing to AZH for this purpose.
Where billing is carried out with statutory cost bearers, the legal basis is §§ 301a, 302 SGB V (Sozialgesetzbuch Fünftes Buch – Book V of the German Social Code).
For patients with PKV (private Krankenversicherung – German private health insurance), or where services are used that are not reimbursable by the GKV (gesetzliche Krankenversicherung – German statutory health insurance), billing is carried out directly with the patient.
Your personal data will only be transferred to third parties where this is necessary for the performance of the Behandlungsvertrag (treatment agreement under German law), for clarifying medical matters and questions arising from your insurance relationship, or for billing the services provided, and where the patient consents to the disclosure or a legal basis permits it.
Recipients of your personal data include, in particular:
billing service providers;
statutory cost bearers;
laboratories; and
physicians, where applicable.
In exceptional cases, the midwife may be legally required to transfer your personal data to further recipients, for example by notifying public authorities in order to comply with statutory reporting obligations.
As a general rule, your personal data will only be processed and stored for as long as is necessary to fulfil contractual and statutory obligations.
Following invoicing, the relevant supporting documents must be retained for ten years in accordance with the applicable tax regulations under § 14b UStG (Umsatzsteuergesetz – German Value Added Tax Act).
In addition, the applicable Hebammenberufsordnung (German professional regulations for midwives) requires documentation relating to your care to be retained for ten years.
Furthermore, pursuant to § 199 Abs. 2 BGB (Bürgerliches Gesetzbuch – German Civil Code), the midwife is entitled to retain documentation records for up to 30 years.
You have the right to request from the midwife:
access to the personal data stored about you;
transmission of the data concerning you;
rectification of inaccurate data;
erasure of your data; and
restriction of processing.
However, statutory retention obligations may prevent a request for erasure or restriction of processing from being fulfilled.
Where the midwife processes personal data for the purpose of protecting legitimate interests, you may object to such processing where, in your view, grounds arising from your particular situation oppose the processing.
You also have the right to lodge a complaint with a data protection supervisory authority.
An overview of the competent German data protection authorities is available at:
https://www.bfdi.bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.html
In order to minimise the continuously increasing administrative workload and to have more time available for your care, billing is transferred to a reliable and competent billing partner, namely AZH – Abrechnungszentrale für Hebammen GmbH (AZH).
You will therefore receive an invoice from AZH for the midwifery services provided.
By registering, you give your explicit consent, both for yourself and, where applicable, for any newborn child or children included in the care provided, to the transfer of personal and treatment-related data to AZH.
AZH processes and stores the personal and treatment-related data transferred to it for the purpose of billing the services provided to the relevant cost bearer. This processing is carried out in accordance with the applicable provisions of the DSGVO (Datenschutz-Grundverordnung – General Data Protection Regulation) and the applicable data protection laws of the German Federal Government and the German Länder (federal states).
Where your personal data is processed on the basis of legitimate interests pursuant to Art. 6 Abs. 1 S. 1 lit. f DSGVO, you have the right under Art. 21 DSGVO to object to the processing of your personal data, provided that there are grounds relating to your particular situation.