Notes on data processing
Information on data protection
1. Who is responsible, who can you contact?
We, notary Dr. Paul Rombach and notary Dr. Claudie Rombach, are jointly responsible for processing your personal data. For all data protection enquiries, you can contact each of us or our data protection officer as follows:
- by mail: Notaries Dr. Paul Rombach and Dr. Claudie Rombach, Attn: Data Protection Officer, Königsallee 70, 40212 Düsseldorf,
- or by e-mail: firstname.lastname@example.org, re: Data Protection:
2. What data do we process and where do the data come from?
- first name and surname, date and place of birth, nationality, marital status; in individual cases your birth registration number;
- Contact data, e.g. postal address, telephone and fax numbers, e-mail address;
- in the case of real estate contracts, your tax identification number;
- in certain cases, e.g. in the case of marriage contracts, wills, inheritance contracts or adoptions, also data on your family situation and on your assets as well as, if applicable, information on your health or other sensitive data, e.g. because these serve to document your legal capacity;
- in certain cases also data from your legal relationships with third parties, such as file numbers or loan or account numbers with credit institutions.
3. For what purposes and on what legal basis are the data processed?
As notaries, we hold a public office. Our official task is to provide services to the general public in the field of the preventive administration of justice, and therefore qualifies as exercise of official authority (Art. 6 para. 1 s. 1 lit. e of the General Data Protection Regulation (DS-GVO)).
Your data will be processed exclusively in order to carry out the notarial activity requested by you and, if applicable, other persons involved in a transaction, in accordance with our official duties, i.e. for the preparation of draft deeds, for the notarisation and execution of deeds or for the performance of consultations. Personal data are therefore only processed on the basis of the professional and procedural provisions applicable to us, which are essentially derived from the Federal Notarial Code (BnotO) and the Notarisation Act (BeurkG). At the same time, these provisions also result in the legal obligation for us to process the required data (Art. 6 para 1 s.1 lit .c DS-GVO). If you prefer not to provide us with the requested personal data, we will therefore have to refuse the (further) execution of our notarial services.
4. To whom do we pass on data?
As notaries, we are subject to a legal duty of confidentiality. This duty of confidentiality also applies to all our employees and other persons commissioned by us.
We may therefore only pass on your data if and insofar as we are obliged to do so in individual cases, e.g. due to notification obligations towards the tax authorities, or to public registers such as the Land Registry, Commercial Register or Register of Associations, Central Register of Wills, Register of Provisions, courts such as the Probate, Guardianship or Family Court or authorities. Within the scope of professional and official supervision, we may also be obliged to provide information to the Chamber of Notaries or the President of the District Court (Landgericht) as our supervisory authority, which in turn are subject to an official duty of confidentiality.
Otherwise, your data will only be disclosed if weh ave to do so on the basis of declarations made by you or if you have requested the disclosure.
5. Will data be transferred to third countries?
Your personal data will only be transferred to third countries at your specific request or if and insofar as a party to the deed is domiciled in a third country.
6. How long will your data be stored?
- Register of Deeds, Register of Inheritance Contracts, Register of Names for the Register of Deeds and Collection of Deeds including the inheritance contracts kept separately (§ 18 Paragraph 4 DONot): 100 years,
- List of names to the mass, mass, custody book, list of escrow accounts, general files: 30 years,
- Ancillary files: 7 years; the notary may determine a longer retention period in writing no later than the last time the content is processed, e.g. in the case of dispositions on account of death or in the event of recourse; the determination may also be made generally for individual types of legal transactions, e.g. for dispositions on account of death,
7. What rights do you have?
- to request information about whether we process personal data about you, if so, for what purposes we process the data and what categories of personal data we process, to whom the data have been disclosed if applicable, how long the data are to be stored if applicable and what rights you have.
- to have inaccurate personal data relating to you that is stored by us corrected. You also have the right to have us complete an incomplete data record.
- to request deletion of the personal data concerning you, provided that there is a legally provided reason for deletion (cf. Art. 17 DS-GVO) and the processing of your data is not required for the fulfilment of a legal obligation or for other overriding reasons within the meaning of the DS-GVO.
- to demand that we process your data only in a restricted manner, e.g. to assert legal claims or for reasons of important public interest, while we are, for example, examining your claim for rectification or objection or, if applicable, if I reject your claim for erasure (cf. Art. 18 DS-GVO).
- object to processing where it is necessary for us to carry out our tasks in the public interest or to exercise our public office, if there are grounds for the objection arising from your particular situation.
- to contact the supervisory authorities with a data protection complaint. The supervisory authority responsible for me is: The State Commissioner for Data Protection and Information Security of North Rhine-Westphalia, P.O. Box 200444, 40102 Düsseldorf, telephone: 0211/384240, fax: 0211/3842410; e-mail: email@example.com. The complaint can be lodged with any supervisory authority, irrespective of the jurisdiction.