An ADV is about processing certain data in an order. This is to be distinguished from the case where data must be used for the provision of a service. In the case of an ADV, the data is the object of the service and not merely a means to an end. This is comparable to the transfer of personal data to a tax advisor for the preparation of a tax return or to a lawyer for litigation. Here, too, an ADV is not necessary.
For the most part, the telecommunications services offered by easybell do not constitute a case of commissioned processing within the meaning of Art. 28 DSGVO, as a telecommunications provider is responsible for the data relating to the circumstances of the telecommunications (such as billing data) itself (see Art. 29 Group, WP 169, page 13) and does not take note of the content of the communication in order to maintain the secrecy of telecommunications pursuant to Section 88 of the Telecommunications Act (TKG).
Since telecommunications secrecy is a right protected under Article 10 of the German Basic Law, telecommunications service providers are also subject to particularly high requirements for the technical protection measures of their telecommunications networks, compliance with which is monitored by the Federal Network Agency. For this purpose, easybell has prepared a security concept in accordance with § 166 (4) TKG and submitted it to the Federal Network Agency. Due to the special confidentiality of this security concept, however, we cannot provide details of the measures taken, but can only point out that they comply with the high legal requirements for telecommunications companies pursuant to § 166 TKG.
This also includes most of the functions of the Cloud Telephone System product, where call termination is the subject of the service. Data required for this, such as call destinations, callers, etc., is therefore not order data, but is used to provide the service. This required data is therefore fundamentally not ADV. Certain service features could constitute ADV. These include, for example, the mailbox in which calls or faxes are stored. In this case, storage is the core of the service. easybell does not store such communications, but sends them directly to the customer via e-mail. Thus, ADV is not required either.
However, the "Contacts" function (telephone and address book) is an exception. Here, the Supplementary General Terms and Conditions for Data Processing - Cloud Telephone System of easybell apply in addition to the General Terms and Conditions for the Use of Business Customer Rates. However, this agreement corresponds to an ADV does not have to be signed separately.