Complaints form

You can use this form to report violations of applicable non-smoker protection laws to us.

We process all offences involving violations of the respective state non-smoker protection laws, the Federal Non-Smoker Protection Act and the Workplace Ordinance.

You can also report tobacco advertising to us if you are of the opinion that it is unauthorised advertising or that warnings are missing or incompletely displayed on advertising media.

We do not process anonymous complaints. Knowingly providing false information may have legal consequences. Please be as brief as possible and as detailed as necessary and remain objective. Your information has the value of a witness statement.

If possible, please also provide information on the following points:

– Approximately how many people were smoking?

– Were the staff made aware of the offence?

– Did the staff intervene because of the offence?

Once we have received your complaint, we will send you an acknowledgement of receipt as soon as possible, as well as any queries that need to be answered in order to process your complaint.

Key point witness/s:
Please note that your statement will usually lead to civil or regulatory proceedings against those responsible for the company. In these proceedings, you must be prepared to testify as a witness if this is necessary. In the majority of cases, your written witness statement will suffice, which may have to be affirmed in lieu of an oath for submission to the court.

Further witnesses:

Naming additional witnesses (who are willing to testify) considerably increases the chances of success of your complaint. Witnesses can only be considered by us if both name and address have been provided in full and the witnesses are available for the proceedings. This also includes the submission of an affidavit.

If Pro Rauchfrei e.V. pursues the case itself, we will initiate injunction proceedings in accordance with the Injunctions Act against the company responsible and demand the submission of a cease-and-desist declaration with a penalty clause. If this does not happen, we will pursue the matter further in court to ensure compliance with applicable law.

Information on the collection, storage and use of personal data by Pro Rauchfrei e.V. as part of the complaints procedure:
What data is collected, stored and used by Pro Rauchfrei e.V.?

As part of our co-operation with you, we process personal data such as your first name and surname, address, e-mail address, telephone numbers and other data. This data will also be transmitted to third parties (e.g. authorities, courts or opponents of the proceedings) within the framework of the proceedings, if necessary, in accordance with the principle of the greatest possible data minimisation. If we forward your complaint to an authority and do not initiate proceedings ourselves, we will delete your personal data once the proceedings have been concluded. If we initiate injunction proceedings ourselves, your data will remain stored for up to three years after the proceedings have been concluded. This is necessary because we will continue to monitor compliance with private cease-and-desist agreements or court injunctions in the future and, in the event of new infringements (including those reported to us), we will refer back to past cases and contact you if any questions arise.
By submitting a complaint, you expressly agree to this.

What does Pro Rauchfrei e.V. need personal data for?

The collection, storage and use of this data by Pro Rauchfrei e.V. takes place exclusively for the proper processing of your complaint and compliance with legal regulations.

What is the legal basis for the processing of personal data?

The legal basis for the processing of this data is Art. 6 para. 1a) GDPR and our legitimate interest in the provision of a functioning complaints management system in accordance with Art. 6 para. 1 f) GDPR. As Pro Rauchfrei e.V. is authorised to safeguard the interests of all consumers in the area of non-smoker protection by way of the right of association, authorisation in these cases may also follow from Art. 6 para. 1 e) GDPR.

For further and basic information, including regarding your rights arising from the processing relationship, please read our privacy declaration.