Supplementary Privacy Notice for the Use of Online Forms – Notification of Special Use for the Installation of a Bicycle Rack
In addition to the City of Aachen’s General Privacy Notice, we provide the following information regarding the specific processing of your personal data in connection with your application for a special-use permit to install a bicycle rack (both digitally via the online portal and through the paper-based application process). This data collection serves to review and assess the special use under traffic law in accordance with the North Rhine-Westphalia Road and Path Act (StrWG NRW) in conjunction with the City of Aachen’s Special Use Bylaw, as amended.
1. Purposes of Data Processing
Your personal data is collected and processed for the following purposes:
• Application review and assessment under traffic regulations: Processing your application and verifying the legal and technical requirements for installing a bicycle rack on public roads (in particular, compliance with the minimum sidewalk widths of 1.80 m or, in exceptional cases, 1.50 m, ensuring traffic safety, and preventing any impermissible obstructions or nuisances to moving and stationary traffic).
• Compliance review and consumer protection/safety: Assessment of the structural integrity of the bike rack (including a minimum height of 1.10 m, vandalism resistance, theft-proof and damage-free locking mechanisms, and the presence of an information sign) and monitoring of usage restrictions (prohibition of third-party commercial advertising; allowance of a discreet, factual reference to the adjacent business).
• Procedural communication and issuance of decisions: Contacting applicants regarding procedural inquiries, requesting missing planning documents, sending permits or decisions digitally or in paper form, and handling any fee-related procedures.
2 Legal Basis for Processing
Your personal data is processed on the basis of Article 6(1)(e) of the General Data Protection Regulation (GDPR) in conjunction with Section 3(1) of the North Rhine-Westphalia Data Protection Act (DSG NRW) for the purpose of performing a task entrusted to the City of Aachen in the public interest or in the exercise of official authority. The fulfillment of this public task is based on the following substantive and statutory provisions:
• Road regulations: North Rhine-Westphalia Road and Path Act (StrWG NRW), in particular the provisions regarding special uses on public roads.
• Local Law / Municipal Statutes: The City of Aachen’s Special Use Statute, as currently in effect.
• Fee collection (if applicable): Local Taxes Act for the State of North Rhine-Westphalia (KAG NRW) in conjunction with the City of Aachen’s Administrative Fees Ordinance.
3 Categories of Processed Data
In connection with the submission and processing of reports, the following categories of personal data, in particular, are collected and processed:
• Master data for the individual or company: Last name, first name, company name (if applicable), name of the person filing the report or authorized representative, and address (street, house number, ZIP code, city).
• Contact information: Email address (required for digital notifications and prompt communication) and phone number (optional for any follow-up questions).
• Location and property information: Exact location / site (detailed description of the location, e.g., in front of the commercial building, section of the street).
• Technical and procedural information: Quality and design of the bike rack (material, color, mounting method), dimensions (width, length, depth in cm), planned installation period (from–to or indefinite/permanent), as well as submitted designs or planning documents (photos, drawings, plans as files).
4 Recipients or Categories of Recipients of the Data
Your personal data will be disclosed to the following recipients solely in accordance with legal requirements and for the purpose of the proceedings:
• Relevant departments within the Aachen City Administration
o Department 68 – Mobility and Transportation: For the technical and legal review of your application, assessment under traffic laws, issuance of the special use permit, and monitoring of compliance with the conditions.
o Department 22 – Taxes and Cashier’s Office (or the appropriate office): If fees are collected in accordance with the Local Taxes Act (KAG NRW) or the Administrative Fees Ordinance, for payment processing and accounting.
• IT Service Provider / Data Processor: The technical provision of the online form, as well as the hosting and storage of the data entered, are handled by the City of Aachen’s municipal IT service provider (regio iT Gesellschaft für Informationstechnik mbH, Lombardenstraße 24, 52070 Aachen) as part of a data processing arrangement pursuant to Article 28 of the GDPR.
• External agencies and authorities (only when required by law): Competent public order, safety, or highway authorities, to the extent that this is necessary in individual cases for hazard prevention, traffic monitoring, or the enforcement of highway regulations.
5 Retention Period and Deletion
The retention period for your personal data depends on the processing stages as well as the statutory and municipal retention and deletion periods:
• Data entered in the online portal (form server): The data you enter in the online form will be automatically deleted from the web server or form server no later than 30 days after it has been successfully and securely transmitted to the City of Aachen’s internal system.
• Ongoing administrative proceedings: The processing and retention of data in the digital specialized system continue until the proceedings are conclusively (legally binding) concluded.
• Approval and Permit Files (Technical Procedures): Upon completion of the procedure, the documents relevant to the decision are retained in accordance with the retention guidelines applicable to municipalities in North Rhine-Westphalia (North Rhine-Westphalia Standard Filing Plan) for the duration of the special-use permit’s validity and, thereafter, generally for a period of 10 years (in accordance with tax and records management regulations).
• Archiving and Destruction: Once the statutory or municipal retention periods have expired, the documents are offered to the Aachen City Archives for transfer in accordance with the North Rhine-Westphalia Archives Act (ArchG NRW). Data not deemed worthy of archiving is deleted or destroyed in compliance with data protection regulations.
6 Duty to Cooperate (Duty to Provide Information) and Automated Decision-Making
Please note the following information regarding your obligations to cooperate and the processing procedure:
• Obligation to Provide Data: The provision of your personal data is absolutely necessary for processing your application and issuing a legally compliant special-use permit. This obligation to provide data arises from the road traffic regulations of the StrWG NRW in conjunction with the City of Aachen’s Special Use Bylaw.
• Consequences of Failure to Provide Information: Fields marked with an asterisk (*) in the online form are required. If this required information is not provided or is incomplete, your report cannot be processed by Department 68 – Mobility and Transportation. In this case, the installation of the bike rack on public roadways will be considered improperly reported or approved.
• No automated decision-making (Art. 13(2)(f) of the GDPR): No automated decision-making or profiling within the meaning of Art. 22 of the GDPR takes place as part of this administrative procedure. The processing and review under traffic law are carried out by the responsible employees of the Aachen City Administration.
7 Your Rights as a Data Subject and Contact Information
• Data Subject Rights: Provided the legal requirements are met, you have the right to access (Art. 15 GDPR), rectification (Art. 16 GDPR), erasure (Art. 17 of the GDPR), restriction of processing (Art. 18 of the GDPR), and the right to object to processing (Art. 21 of the GDPR).
• Right to File a Complaint: You have the right to file a complaint with a data protection supervisory authority regarding the processing of your personal data by the City of Aachen (e.g., with the State Commissioner for Data Protection and Freedom of Information of North Rhine-Westphalia, P.O. Box 20 04 44, 40102 Düsseldorf).
• Data Controller and Data Protection Officer: Please refer to the City of Aachen’s General Data Protection Notice for the Use of Online Forms for the contact information of the City of Aachen’s data controller and the official data protection officer.
• Transfers to third countries: Your data will not be transferred to a third country or an international organization.