Data protection information from Schröder & Busse GbR and notary Dr Dennis Eifert – Part A: Information from the law firm, Part B: Information from the notary

 

A. Information on data processing by Schröder & Busse GbR

1. Name and contact details of the controller and the company data protection officer

This data protection information applies to data processing by:

Schröder & Busse GbR, represented by retired solicitor and notary Dieter Busse, solicitor and notary Dr Dennis Eifert, solicitor Milkica Romic (hereinafter: Schröder & Busse), Mainzer Landstraße 69 – 71, D-60329 Frankfurt am Main, Germany

Email: legal(at)schroederbusse.de , Telephone: +49 (0)69 – 756087-50 Fax: +49 (0)69 – 756087-91

The company data protection officer at Schröder & Busse GbR can be contacted at the following addresses:

R2Data GmbH
Scanbox 18556
Ehrenbergstraße 16a
10245 Berlin

Datenschutz(at)r2data.de
T +49 (0)30 2332 6315 0
https://www.r2data.de

2. Collection and storage of personal data, as well as the nature and purpose of its use

When you engage our services, we collect the following information:

  • Title, first name, surname,
  • a valid email address,
  • address,
  • telephone number (landline and/or mobile)
  • Information necessary for the assertion and defence of your rights within the scope of the mandate

This data is collected

  • in order to identify you as our client;
  • to provide you with appropriate legal advice and representation;
  • to correspond with you;
  • for invoicing purposes;
  • to handle any liability claims that may arise and to assert any claims against you;

Data processing is carried out at your request and is necessary for the purposes mentioned in Art. 6 (1) (b) GDPR for the proper handling of the mandate and for the mutual fulfilment of obligations arising from the mandate agreement.

The personal data collected by us for the purpose of the mandate will be stored until the expiry of the statutory retention period for solicitors (6 years after the end of the calendar year in which the mandate was terminated) and then deleted, unless we are obliged to store it for a longer period in accordance with Article 6(1)(c) GDPR due to tax and commercial law storage and documentation obligations (from the German Commercial Code, Criminal Code or Fiscal Code) or you have consented to further storage in accordance with Article 6(1)(a) GDPR.

3. Transfer of data to third parties

Your personal data will not be transferred to third parties for purposes other than those listed below. Insofar as this is necessary for the processing of client relationships with you in accordance with Article 6(1)(b) GDPR, your personal data will be passed on to third parties.

This includes, in particular, disclosure to opposing parties and their representatives (in particular their solicitors) as well as courts and other public authorities for the purpose of correspondence and to assert and defend your rights. The data disclosed may only be used by the third party for the purposes stated.

Attorney-client privilege remains unaffected. Insofar as the data is subject to attorney-client privilege, it will only be disclosed to third parties in consultation with you.

4. Rights of data subjects

You have the right:

  • pursuant to Art. 7(3) GDPR, to withdraw your consent from us at any time. As a result, we will no longer be permitted to continue processing data based on this consent in the future;
  • pursuant to Art. 15 GDPR, to request information about your personal data processed by us. In particular, you may request information about the purposes of processing, the category of personal data, the categories of recipients to whom your data has been or will be disclosed, the planned storage period, the existence of a right to rectification, deletion, restriction of processing or objection, the existence of a right of appeal, the origin of your data, if it was not collected by us, and the existence of automated decision-making, including profiling and, if applicable, meaningful information about its details;
  • to request the immediate correction of inaccurate or incomplete personal data stored by us in accordance with Art. 16 GDPR;
  • to request the erasure of your personal data stored by us in accordance with Art. 17 GDPR, unless the processing is necessary for exercising the right of freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the establishment, exercise or defence of legal claims;
  • to request the restriction of the processing of your personal data in accordance with Art. 18 GDPR, insofar as the accuracy of the data is disputed by you, the processing is unlawful, but you refuse to have it deleted and we no longer need the data, but you need it to assert, exercise or defend legal claims, or you have lodged an objection to the processing in accordance with Art. 21 GDPR;
  • pursuant to Art. 20 GDPR, to receive your personal data that you have provided to us in a structured, commonly used and machine-readable format or to request its transfer to another controller; and
  • to lodge a complaint with a supervisory authority in accordance with Art. 77 GDPR. As a rule, you can contact the supervisory authority of your usual place of residence or workplace or our law firm’s registered office for this purpose.

5. Right to object

If your personal data is processed on the basis of legitimate interests pursuant to Art. 6(1)(f) GDPR, you have the right to object to the processing of your personal data pursuant to Art. 21 GDPR, provided that there are reasons for this arising from your particular situation.

If you wish to exercise your right to object, simply send an email tolegal@schroederbusse.de .

B. Information on data processing by notary Dr Dennis Eifert

1. Name and contact details of the controller and the company data protection officer

This data protection information applies to data processing by:

Notary Dr. Dennis Eifert, Mainzer Landstraße 69 – 71, D-60329 Frankfurt am Main, Germany

Email: legal(at)schroederbusse.de, Telephone: +49 (0)69 – 756087-50 Fax: +49 (0)69 – 756087-91

The data protection officer of Notary Dr. Dennis Eifert can be reached at the following contact details:

R2Data GmbH
Scanbox 18556
Ehrenbergstraße 16a
10245 Berlin

Datenschutz(at)r2data.de
T +49 (0)30 2332 6315 0
https://www.r2data.de

I, Dennis Eifert, notary public with official residence in Frankfurt am Main, am responsible for processing your personal data. You can contact me or my data protection officer with any data protection enquiries as follows:

2. What data do I process and where does the data come from?

I process personal data that I receive from you or from third parties commissioned by you (e.g. solicitors, tax advisors, estate agents, credit institutions), such as

  • Personal data, e.g. first and last name, date and place of birth, nationality, marital status; in individual cases, your birth registration number;
  • contact details, such as postal address, telephone and fax numbers, e-mail address;
  • your tax identification number for property contracts;
  • in certain cases, e.g. for marriage contracts, wills, inheritance contracts or adoptions, also data on your family situation and your assets, as well as, where applicable, information on your health or other sensitive data, e.g. because this serves to document your legal capacity;
  • in certain cases, data from your legal relationships with third parties, such as file numbers or loan or account numbers at credit institutions.

I also process data from public registers, e.g. land registers, commercial registers and association registers.

3. For what purposes and on what legal basis is the data processed?

As a notary, I hold public office. My official activities are carried out in the performance of a task that is in the public interest in the interests of orderly preventive administration of justice and thus in the public interest, and in the exercise of official authority (Art. 6(1)(e) of the General Data Protection Regulation (GDPR)).

Your data will be processed exclusively for the purpose of performing the notarial services requested by you and, where applicable, other persons involved in a transaction in accordance with my official duties, i.e. for the preparation of draft deeds, the notarisation and execution of deeds, or the provision of advice. The processing of personal data is therefore always carried out in accordance with the professional and procedural regulations applicable to me, which are essentially derived from the Federal Notary Code and the Notarisation Act. These provisions also impose a legal obligation on me to process the necessary data (Art. 6 (1) (c) GDPR). Failure to provide the data I have requested from you would therefore result in me having to refuse to (further) perform my official duties.

4. To whom do I pass on data?

As a notary, I am subject to a statutory duty of confidentiality. This duty of confidentiality also applies to all my employees and other persons commissioned by me.

I may therefore only pass on your data if and to the extent that I am obliged to do so in individual cases, e.g. due to reporting obligations to the tax authorities, or to public registers such as the land registry, commercial or association registers, central wills register, pension registers, courts such as probate, guardianship or family courts, or authorities. Within the framework of professional and supervisory control, I may also be obliged to provide information to the Chamber of Notaries or my supervisory authority, which in turn are subject to an official duty of confidentiality. As processors, possible recipients of data are our external IT system administrator, notary software providers, web hosts, Notar-Net GmbH and LegalNow GmbH.

Otherwise, your data will only be passed on if I am obliged to do so on the basis of statements you have made or if you have requested the transfer.

5. Is data transferred to third countries?

Your personal data will only be transferred to third countries at your specific request or if and to the extent that a party to the deed is resident in a third country.

6. How long will your data be stored?

I process and store your personal data in accordance with my legal retention obligations.

According to Section 50 (1) of the Regulation on the Keeping of Notarial Files and Registers (NotAktVV), the following retention periods apply to the storage of notarial documents:

  • Deed register, electronic deed collection, inheritance contract collection and special collection: 100 years,
  • Paper-based document collection, custody register and general files: 30 years,
  • Collection file for bill and cheque protests and ancillary files: 7 years; the notary may specify a longer retention period in writing at the latest when the ancillary file is last edited, e.g. in the case of dispositions of property upon death or in the event of a risk of recourse; the provision may also be made generally for individual types of legal transactions, such as dispositions of property upon death.

After the storage periods have expired, your data will be deleted or the paper documents destroyed, unless I am obliged to store them for a longer period of time in accordance with Article 6(1)(c) of the GDPR due to tax and commercial law storage and documentation obligations (from the Commercial Code, Criminal Code, Money Laundering Act or the Fiscal Code) and professional regulations for the purpose of conflict of laws checks.

7. What are your rights?

You have the right to:

  • Request information about whether I process personal data about you, and if so, for what purposes I process the data and what categories of personal data I process, to whom the data may have been forwarded, how long the data may be stored and what rights you have (Art. 15 GDPR).
  • have inaccurate personal data concerning you that is stored by me corrected. You also have the right to have me complete an incomplete data record stored by me (Art. 16 GDPR).
  • To request the erasure of personal data concerning you, provided that there is a legally prescribed reason for erasure (cf. Art. 17 GDPR) and the processing of your data is not necessary for the fulfilment of a legal obligation or for other overriding reasons within the meaning of the GDPR.
  • To request that I only process your data in a restricted manner, e.g. to assert legal claims or for reasons of important public interest, while I examine your right to rectification or objection, for example, or if I reject your request for erasure (cf. Art. 18 GDPR).
  • to object to the processing, provided that this is necessary for me to perform my tasks in the public interest or to exercise my public authority, if there are reasons for the objection arising from your particular situation (Art. 21 GDPR).
  • to lodge a data protection complaint with the supervisory authorities. The supervisory authority responsible for me is: The Hessian Commissioner for Data Protection and Freedom of Information, Gustav-Stresemann-Ring 1, 65189 Wiesbaden

The complaint can be lodged with any supervisory authority, regardless of jurisdiction.