8.1 Purpose of data processing
Data processing within the portal www.arbeitsagentur.de for publishing job offers and applicant profiles and events is carried out for the purposes of registration, independent training or job searches or for training and/or job placement, as well as for information on the range of job-oriented events on offer. Data processing is carried out on the basis of § 1 SGB III on market compensation and the provisions of SGB III and SGB II on placement and integration in work and training.
The security levels in the portal www.arbeitsagentur.de have the following effects on usage for publishing job offers and applicant profiles and events (in addition to Point 2 of the privacy policy):
Security level “PIN letter confirmed”:
The functions for publishing job offers and applicant profiles and events may be used to their full extent. It is also possible to publish applicant profiles and send applications. In the case of private individuals, the date of birth and email address are collected for authentication purposes and to avoid misuse. The nationality must be entered when you transmit to the portal European Employment Services (EURES) and this is to support the work permit procedures.
By agreeing to the terms and conditions of use, you agree that the data you have published on the applicant profile / job offer and, if applicable, your photograph, insofar as you are able to publish it in a manner permitted by copyright law, may also be viewed by third parties. You yourself are responsible for the content you publish or make available. The BA recommends making your data anonymous (see further details in Items 8.4 to 8.6).
8.2 Duration of data storage/data recipient
The application/job offer will be removed from publication after 4 weeks without current use. If the user account is not used for a continuous period of 3 months, a priority notice is made for archiving.
Categories of recipients of applicant profiles can be temporary employment agencies, private employment agencies, companies or the EURES portal (cf. 8.7). These recipients also have the opportunity to contact the private individuals directly, for example, via the “Invite to apply” function. In the case of anonymous applicant profiles, the recipients can use a reference number to obtain contact details from the employment agencies by contacting so-called Serviced Customers (cf. 8.3).
For job vacancies, the recipients may be other job boards, individuals or the EURES portal (cf. 8.7). The portal www.arbeitsagentur.de cooperates with other job boards and companies to increase the chances of placement in jobs and training. For their part, the data recipients must ensure compliance with data protection regulations. Please note that the terms of use of other job boards may differ from the terms of use and privacy standards of our site. This also applies to linked pages. For this reason, you should read and comply with the terms of use and privacy policy of the data recipients.
8.3 Consent to the transfer of data by the BA
With your consent to the data transfer, your user account can be taken over by the BA or a joint institution. In these cases, the responsible employees of the BA or the basic social security institution have reading and/or writing access rights to the specialist data (job application, CV and skills), to application templates, applications and to personal data. In the case of serviced user accounts, customers (private individuals and companies) have read-only rights to personal data. Writing rights for the data subject can be assigned to serviced job applications by the responsible employees of the BA or the basic social security institutions. The data subject can create new job applications on their own responsibility. Writing rights may also be assigned to the affected parties for the purposes of adding to the competences. However, it is only possible to change the existing CV entries for the respective employees of the BA. Changes to job applications and job offers as well as other data are made in consultation with the customers served (private individuals and companies). In the absence of agreement with the data subject, the data subject may request correction or deletion or exercise their right of appeal.
The user account becomes serviced with the consent of the company to transfer a job offer for servicing by the BA or a joint institution. In these cases, the responsible employees of the BA or the basic social security institution have reading and writing access rights to serviced job offers and the company and employer profile.
All applicant profiles and job offers may be used by the BA for placement purposes. This includes the disclosure of information and contact details (name, address) for the purpose of establishing training or employment relationships even if applicant profiles are published anonymously in the context of placement proposals. The telephone number and e-mail address may only be transmitted with the prior consent of customers (private individuals and companies).
8.4 Publication of an applicant profile in the applicant pool
The Agentur für Arbeit or the Jobcenter may only include data on training and/or job-seekers in the applicant pool in the portal www.arbeitsagentur.de insofar as they are necessary for placement and cannot be assigned by third parties to an identified or identifiable person (§ 40 SGB III). Data that can be assigned by third parties to an identified or identifiable person may only be recorded with the consent of the data subject. Consent is obtained during the consultation/placement interview.
For this reason, you have the choice between an anonymous publication or a complete publication of your applicant profile in the applicant pool. In justified exceptional cases, publication may be waived altogether.
In case of an anonymous publication the following data will be published in the applicant pool:
- Your CV with the relevant professional time periods (anonymisation is also possible, e.g. name of the company)
- Your knowledge and skills
- Your requirements for the new position
In case of a complete publication the following data will be published in the applicant pool:
- Your CV with the relevant professional time periods
- Your knowledge and skills
- Your requirements for the new position
- Your first name and surname
- Your address
The publication of your telephone number and e-mail address, which you have voluntarily stored with the BA, requires separate consent.
8.5 Advertising
The Bundesagentur für Arbeit is not responsible for any unsolicited advertising or e-mails (so-called spam e-mail). We therefore recommend anonymous publication. See also point 8.6 (Supplementary information). Reference is made to § 7 of the Act against Unfair Competition.
8.6 Supplementary information
As a precautionary measure, we would like to point out that for many companies address data is of great economic importance and is not always used for purposes related to the portal (e.g. address trading). The Bundesagentur für Arbeit assumes no liability for such misuse of the portal. Address data obtained in this way could be misused to send you unwanted advertising. This type of advertising is also increasingly being distributed en masse by e-mail. In this context, we advise you to handle address data, e-mail addresses, telephone numbers, etc. with care and to use the portal preferably anonymously.
Please note that the anonymity of your data is not always guaranteed for rarely occurring job titles in combination with very small regions.
A reference number is assigned automatically to each applicant profile or job offer. As long as an offer is published, this reference number can be used for a targeted search at any time. It must be pointed out that in individual cases the reference number can be used to draw conclusions about the applicant or job offer. This is particularly true if an applicant has applied with their real data within an obvious context (for example, for a company in a very small region).
8.7 Transmission of data to the EURES portal
In accordance with Article 17 of the EU Regulation 2016/589 from the European Parliament and of the Council on Equal Opportunities in the European Labour Market, the BA is obliged to transmit all job vacancies published at the BA and the job offers transmitted by the EURES members and, where applicable, the EURES partners in accordance with Article 12 Paragraph 3 of the said regulation, to the EURES portal https://europa.eu/eures/portal. Job offers are transmitted from the following job offer types:
- Work
- Artists
- Apprenticeships
- Integrated degree programme
- Internships / Trainees
8.8 Job offers for work and for artists
- Transmission to the EURES portal is automatic if the following conditions are met:
- job offers subject to social security contributions (for managers, specialists, assistants or artists)
- the job offer is published, or
- the job offer is published anonymously and managed by the BA (placement order issued)
8.9 Job offers for apprenticeships, integrated degree programme, internships and trainees
With your consent (cf. Click within the job application, section Publications) or in agreement with the placement agency of the BA, it is also possible to submit job offers for apprenticeships, internships and trainees to the EURES portal in accordance with Article 17 of EU Regulation 2016/589.
For transmission to the EURES portal, the same conditions apply to internships and trainees as for job offers for employment subject to social security contributions.
In addition to the above-mentioned conditions for transmission, the following conditions apply to job offers for apprenticeships and integrated degree programmes:
- it is not school-based training
- the job offer is serviced by the BA (existence of a placement order)
8.10 General
In addition, job offers can be marked as “particularly EURES-relevant” in order to achieve a better ranking when advertised on the EU website and to emphasise the employment potential for EU citizens. Excluded from the transmission are anonymously published job offers for which no placement order has been issued.
8.11 Job applications
At your request, your candidate profile, which consists of your job application, your published CV, your skills and your personal data, can be submitted to the EURES portal.
Your consent is required for publication on the EURES portal (cf. Click within the job application, section Publication). Your consent can be given to the BA staff responsible for transmitting job applications serviced by the BA to the EURES portal.
With your consent and the following conditions, the data will be transmitted to the EURES portal:
- job application for offers of work or artists subject to social insurance contributions
- the job application has been published, or
- the job application is published anonymously and serviced by the BA.
Anonymously published job applications that are not managed by the BA cannot be submitted to the EURES portal. If a minor (under 18 years of age) is present, the consent of the parents / legal representative must also be obtained.
8.12 Revocation of consent
Consent to the transmission of applicant offers to EURES can be revoked at any time with effect for the future.
Job offers may be excluded from transmission to the EURES portal if there is sufficient justification in terms of skills and competences or if, by its nature or due to national rules, a job offer is only open to nationals of a particular country. (EU Regulation 2016/589 Article 17 (1) and (2)).
Upon revocation of the consent for transmission to the EURES portal, the respective job application or job offer will be removed from the EURES portal within 24 hours.
The BA points out that the data according to Article 17 of the EU Regulation 2016/589 can also be used by EURES members/partners for the purpose of job placement. Users of the EURES portal may be private individuals (EU citizens), companies, job boards and private and public employment services who are either registered on the EURES portal or approved as EURES members/partners under EU Regulation 2016/589.
For further information on the use of your data, in particular on the storage period on the EURES portal, please refer to the Declaration on the protection of personal data on the EURES portal.