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  • GNP HuB
    • About
    • Network
    • Library
    • Podcasts
    • Help Desk
    • News
    • Calendar
  • ABS
    • Understanding the ABS world – infographic
    • Build your ABS Strategy – checklist
    • Benefit-sharing
    • Video: Nagoya For Newbies
    • ABS – dealing with practical challenges
    • Tools & Resources for ABS
    • ABS Stories
  • Compliance
    • Video: ABS compliance supports your science
    • Do I have compliance obligations?
    • What are my obligations?
    • Tools & Resources for Compliance
    • User checks
    • Implications of non-compliance
  • Your institution
    • Institutional measures for compliance – infographic
    • Guidelines for institutions
    • Who can I contact at my institution?
    • Registered collections
    • Compliance Stories
  • FAQs and more
    • FAQ
    • Mythbusters
    • Acronyms and terms explained
    • Current issues
  • Contact
  • German

PRIVACY POLICY

Thank you for your visit to our website and your interest in the German Nagoya Protocol HuB (GNP HuB).

The GNP HuB is based at the Leibniz Institute DSMZ-German Collection of Microorganisms and Cell Cultures GmbH (DSMZ GmbH). The protection of your personal data and your privacy whilst using the GNP HuB network presence is important to us – in accordance with the General Data Protection Regulation (hereinafter “GDPR”). Please take note of the information provided below. The terms we are using below are based on Article 4 of the GDPR.

 

Anonymous data collection

You can visit the GNP HuB website without telling us who you are. We only obtain data automatically sent to us by your browser, in particular the name of your internet service provider, country, the page on the internet from which you are visiting us, the pages you are visiting and when you do so. We count, for example, the number of times content is accessed and the number of times our contact form is completed. We need this information to maintain the function of our website and for the continuous development of the website content. The data are evaluated for statistical purposes using analytical tools such as Matomo. As an individual user, you remain anonymous because the last octet of your IP address is removed.

 

Collection and processing of personal data

Personal data are only collected if you provide them to us upon your own initiative, i.e. when you fill in our contact form. These data will only be collected, processed and used for the stated purpose (see Article 6 GDPR) and in accordance with the applicable legislation. Any exceptions may only made with your consent (see in particular Article 6 in conjunction with Article 7 GDPR).  For example, when making an enquiry or adding yourself to the GNP HuB mailing list, you will be asked for your name, your institution and contact details.

According to Article 7 paragraph 3 GDPR, consent, once given, can be revoked at any time with effect for the future, provided that there are no legal requirements for the collection and storage of your data.  Your data will be deleted once they no longer serves the fulfillment of the purpose and once the period of the legal storage obligation has expired.

 

Use of Cookies

In addition to the aforementioned data, cookies are stored on your computer when you use our website. They help make internet offerings overall more user-friendly and effective. Cookies are small text files that are stored on your hard drive and that are assigned to the browser you are using. They provide certain information to the entity that sets the cookie but they cannot execute programs or transmit viruses to your computer.

This website uses the following types of cookies, whose scope and function are explained below:

  • Transient cookies (see a.)
    fe_typo_user (current session ID – technical necessary)
    _pk_ses.* (web analysis software ‘Matomo’ – marketing cookie)
  • Persistent cookies (see b.)
    cookieConsent (decision to accept marketing cookies, lifetime 1 year – technical necessary)
    _pk_id.* (web analysis software ‘Matomo’, lifetime 1 year – marketing cookie)

 

  1. Transient cookies are automatically deleted when you close the browser. These include in particular session cookies. These storewhat is known as a session ID, with which various requests from your browser can be assigned to a common session. This permits your computer to be recognized when you return to our website. Session cookies are deleted when you log out or close the browser.
  2. Persistent cookies are automatically deleted after a specified period, which may differ depending on the cookie. You can delete the cookies at any time from within the security settings of your browser.
  3. You can configure your browser setting to match your preferences and e.g. decline to accept third-party cookies or all cookies. “Third-party cookies” are cookies that have been set by a third party and therefore not by the actual website which you currently are on. Please note that disabling cookies may not enable you to use all features of this website.
  4. If you gave us your consent to set marketing cookies, you can activate or deactivate your cookie consent here.


Security measures

Your data are processed confidentially by trained employees of DSMZ GmbH; no data are passed on to third-party companies or third countries. The institute attaches great importance to compliance with security standards regarding IT and access control to our premises . In particular, we and our contractors also use technical and organizational security measures to protect the data from manipulation. These measures are constantly updated and improved. Our contractors for network services are:

  • Helmholtz Center for Infection Research GmbH (Inhoffenstraße 7, D-38124 Braunschweig)
  • Gärtner Datensysteme GmbH & Co. KG (Hamburger Strasse 273 a, D-38114 Braunschweig)
  • Association for the Promotion of a German Research Network e.V. (Alexanderplatz 1, D-10178 Berlin)

 

Within the scope of the operation of the website of DSMZ GmbH, only the IP addresses are available to these contractors. The deletion period is one year; the data are stored until then for the purpose of averting attacks on the website that could lead to overloading the server and for the subsequent investigation of possible security breaches.

By using our website you therefore agree to the storage by our contractors. The respective privacy statements can be viewed at: https://www.gaertner.de/datenschutz.html ; https://www.helmholtz-hzi.de/de/service/datenschutz/ ; https://www.dfn.de/datenschutz/

 

Your rights

According to the GDPR, you have the right to obtain information about your stored data free of charge (Article 15 GDPR) as well as the right of correction (Article 16 GDPR), blocking (Article 17 GDPR) or deletion (Article 18 GDPR).

 

Contact address for information or correction, blocking or deletion of your data

In accordance with Article 21 of the GDPR, you may object to the processing of your data in the cases mentioned therein. Please send us your request via e-mail or regular mail:

info@nagoyaprotocol-hub.de
Leibniz Institute DSMZ-German Collection of Microorganisms and Cell Cultures GmbH
Inhoffenstraße 7 B
D-38124 Braunschweig
Germany

 

Scope and changes to this privacy policy

Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website. These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

This data protection policy applies exclusively to the use of the Internet pages offered by DSMZ GmbH. It does not apply to the Internet pages of other service providers to which we only refer by a link. We assume no responsibility or liability for statements and guidelines of any third parties that are not connected to our Internet presence.

 

We reserve the right to adapt the above data protection regulations from time to time in accordance with future changes with regard to the collection and processing of personal data. Significant changes will be announced by a clearly visible notice on our Internet pages.

 

In case of complaints

The contact address of the data protection officer of DSMZ GmbH is here. Responsible for the data processing at DSMZ GmbH is the managing director Prof. Dr. Jörg Overmann (contact details see imprint).
You also have the right to complain to the competent supervisory authority for data protection in accordance with Article 77 of the GDPR:
The State Commissioner for Data Protection Niedersachsen
Prinzenstr. 5
30159 Hannover
phone: +49 (0)511 120-4500
Fax: +49 (0)511 120-4599
E-Mail
www.lfd.niedersachsen.de

 

 

 

The German Nagoya Protocol HuB is financed by the Federal Agency for Nature Conservation (Bundesamt für Naturschutz) with funds from the Federal Ministry for the Environment, Nature Conservation, Nuclear Safety and Consumer Protection (Bundesministerium für Umwelt, Naturschutz, nukleare Sicherheit und Verbraucherschutz)

 

 

© 2023 · Nagoyaprotocol-hub. Impressum | Privacy Policy

  • Some countries also have ABS laws even though they are NOT Party to the Nagoya Protocol. You still must comply with these laws!
  • Some countries in the EU also have specific national ABS laws.
  • If your research will involve traditional knowledge, you must take into account the national ABS rules in this regard.

In cases of non-compliance the National Authority (BfN) can:

  • confiscate the material.
  • prohibit further use and transfer of the material for research.
  • prohibit the publication or sharing of any results of utilization.
  • issue a fine of up to 50,000 EUR.

Check out more about the implications of non-compliance.

How do I check?

  • Start with the country profile in the ABS Clearing House (ABSCH).
  • Check out the legislative, administrative or policy measures section. If no measures can be found here, the interim reports might also contain relevant information. Tip! filter by country.
  • Be careful though. This information is not always complete or up to date. Some countries have ABS laws but they are not listed in the ABSCH.

To play safe and ensure legal clarity, always contact the ABS national focal point and/or the competent national authority. Tip! filter by country.

No answer?

  • Try contacting the national focal point of the Convention on Biological Diversity (CBD).
  • Ask collaboration partners in the country for help – easier for them to contact the authorities in their own country and language!
  • Ask colleagues who have worked in that country before.
  • Use the internet to find resources.
  • Contact the German Federal Agency for Nature Conservation (BfN). They have information about ABS and may be able to assist.

For research done in Germany, the German Federal Agency for Nature Conservation recommends using the DECLARE portal.

An account is required. Check with your institution as it may already have one.

This video and the user guide are very useful to start!

Starting your project before ABS permits have been granted is a violation of the EU Regulation and can get you in trouble if your institute is being checked by the German National Authority (BfN)!

In this regard, you have obligations under the EU ABS Regulation if:

  • You collected the material…
  • The collaborator who gave you the material collected it…
  • The material obtained from a collection was originally collected…
  • The shop or company where you bought the material collected it…

on or after 12 October 2014

This date is key because it is when the Nagoya Protocol entered into force.

When you obtain material from a collaborator, collection or trader, it is important to verify if there are benefit-sharing obligations linked to it.

For example: research on specific genetic or biochemical properties, gene function, gene expression, genetic modification, genome editing, breeding based on traits and their associated genes, among others.

The EU Regulation does not apply when research does not involve the study of the genetic or biochemical composition, e.g. storing biological materials in a collection, mere culturing of organisms, taxonomic identification, morphological or anatomical characterization, among others.

See the guidance document for more information and examples on “utilisation”.

Also check our FAQs section on it.

ABS obligations may or may not apply depending on the type of research. There could be exemptions for non-commercial or basic research.

Keep in mind that exemptions for local researchers may not apply if they conduct their research abroad (e.g. guest researchers bring material from their home country to study it in Germany).

Within the European Union, obligations stem from Regulation (EU) No 511/2014.

The EU Guidance Document contains information on scope, obligations and understanding whether your material/research is covered, including many practical examples. It is available in all EU languages and is a must-have resource.

Not all countries that are Party to the Nagoya Protocol regulate access, e.g. Germany. In such cases, you are free to use the genetic resources obtained from these countries without getting ABS permits.

You are obliged by the EU and German law to support user checks by the German Federal Agency for Nature Conservation.

Failure to support a user check is an administrative offence.

When you transfer the material to another person or institution:

  • Search if there are ABS documents relating to the material you have.
  • Check if the transfer to third parties is permitted.
  • Transfer also the information, e.g. a copy of the ABS permit or the number of the internationally recognized certificate of compliance (IRCC) published on the ABS Clearing House.

Having a good documentation system will save you headaches in the future.

Read the documents and understand your obligations as well as any conditions and restrictions on use of the material.

Keep in mind your commitments on benefit-sharing!

The due diligence declaration informs the competent authority in Germany that your research and material is Nagoya Protocol relevant and that you have complied with your ABS obligations.

Check out more about it!

“Derivative” means a naturally occurring biochemical compound resulting from the genetic expression or metabolism of biological or genetic resources, even if it does not contain functional units of heredity.

Some examples are: RNA, proteins (including enzymes), lipids, organic compounds (e.g. essential oils or resins) and other products of metabolism.

Also check our FAQs section on it.

In this regard, you have obligations in the EU if the country where the material comes from was a Party to the Nagoya Protocol and had ABS regulations at the time of access.

Why is ABS important?

Access and Benefit Sharing (ABS) measures ensure that research results support provider countries to:

  • Make informed decisions on conservation, sustainable use and management of their biodiversity.
  • Implement innovative solutions for productive activities, contributing to sustainable development.
  • Build capacities for national research.
  • Other benefits as agreed.

Even if ABS does not apply to your research project, you must be able to provide the German Federal Agency for Nature Conservation with the documentation that supports your conclusion. This will speed up possible compliance checks. Tip! save email correspondence with the provider country authorities on this regard.

For some countries, this can be determined by checking the date of entry into force of the national ABS legislation and compare it with when the material was collected in the field.  If you collected before the legislation went into force, you could be out of scope. However, in some countries “access” can also mean receiving material from an ex-situ collection or even when you start to use it (even if it was collected and left the provider country long ago). Keep this in mind!

Some laws only cover certain types of organisms or organisms collected in certain areas.

Check when:

  • you collect material outside of Germany
  • a collaborator gives you material from another country
  • you get material from a collection in Germany
  • you buy material from a shop or a company
  • traditional knowledge from indigenous peoples or local communities will be used for your research