Data protection information of Schröder & Busse GbR and the 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 former lawyer and notary Dieter Busse, lawyer and notary Dr Dennis Eifert, lawyer Milkica Romic (hereinafter: Schröder & Busse), Mainzer Landstraße 69 – 71, D-60329 Frankfurt am Main, Germany
Email: legal@schroederbusse.de, Phone: +49 (0)69 – 756087-50 Fax: +49 (0)69 – 756087-91
You can reach the company data protection officer of the law firm Schröder & Busse GbR under the following contact options:
advokIT data protection – a brand of –
Weißmann Datenschutz GmbH
Data Protection Officer RA B. Rudolph
Deputy Data Protection Officer RA P. Weißmann
Schirmerstrasse 30
50823 Cologne
Postal address:
Kopernikusstr. 24
10245 Berlin
E-mail: datenschutz[at]advokit.de
2. collection and storage of personal data as well as type and purpose and their use
When you instruct us, we collect the following information:
- Title, first name, surname,
- a valid e-mail 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,
- to be able to identify you as our client;
- to be able to provide you with appropriate legal advice and representation;
- for correspondence with you;
- for invoicing;
- for the settlement of any liability claims and the assertion of any claims against you;
The data processing is carried out at your request and is required in accordance with Art. 6 para. 1 sentence 1 lit. b GDPR for the purposes mentioned for the appropriate processing of the mandate and for the mutual fulfilment of obligations arising from the mandate agreement.
The personal data collected by us for the mandate will be stored until the expiry of the statutory retention obligation for lawyers (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 of time in accordance with Article 6 para. 1 sentence 1 lit. c GDPR due to tax and commercial law storage and documentation obligations (from HGB, StGB or AO) or you have consented to further storage in accordance with Art. 6 para. 1 sentence 1 lit. a GDPR.
3. disclosure 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 in accordance with Art. 6 para. 1 sentence 1 lit. b GDPR for the processing of client relationships with you, your personal data will be passed on to third parties.
This includes in particular the disclosure to opposing parties and their representatives (in particular their lawyers) as well as courts and other public authorities for the purpose of correspondence and for the assertion and defence of your rights. The data disclosed may only be used by the third party for the purposes stated.
The attorney-client privilege remains unaffected. Insofar as data is concerned that is subject to attorney-client privilege, it will only be passed on to third parties in consultation with you.
4. rights of data subjects
You have the right:
- in accordance with Art. 7 para. 3 GDPR, to revoke your consent once given to us at any time. As a result, we may no longer continue the data processing that was based on this consent in the future;
- to request information about your personal data processed by us in accordance with Art. 15 GDPR. In particular, you can request information about the processing purposes, 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, erasure, restriction of processing or objection, the existence of a right to lodge a complaint, 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;
- in accordance with Art. 16 GDPR, to immediately request the correction of incorrect or incomplete personal data stored by us;
- to demand 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;
- in accordance with Art. 18 GDPR, to demand the restriction of the processing of your personal data if the accuracy of the data is disputed by you, the processing is unlawful but you refuse to delete it and we no longer need the data, but you need it for the assertion, exercise or defence of legal claims or you have lodged an objection to the processing in accordance with Art. 21 GDPR;
- in accordance with 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 that it be transmitted 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 at your usual place of residence or workplace or at the registered office of our law firm.
5. right of objection
If your personal data is processed on the basis of legitimate interests in accordance with Art. 6 para. 1 sentence 1 lit. f GDPR, you have the right to object to the processing of your personal data in accordance with 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 e-mail to legal@schroederbusse.de.
B. Information on data processing by the 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@schroederbusse.de, Phone: +49 (0)69 – 756087-50 Fax: +49 (0)69 – 756087-91
You can reach the company data protection officer of the notary Dr Dennis Eifert under the following contact options:
advokIT data protection – a brand of –
Weißmann Datenschutz GmbH
Data Protection Officer RA B. Rudolph
Deputy Data Protection Officer RA P. Weißmann
Schirmerstrasse 30
50823 Cologne
Postal address:
Kopernikusstr. 24
10245 Berlin
E-mail: datenschutz[at]advokit.de
I, notary Dennis Eifert, with my office in Frankfurt am Main, am responsible for the processing of your personal data. You can contact me or my data protection officer as follows for all data protection enquiries:
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. lawyer, tax consultant, estate agent, credit institution), such as
- Personal data, e.g. first name and surname, date and place of birth, nationality, marital status; in individual cases your birth register number;
- Contact data, such as postal address, telephone and fax numbers, e-mail address;
- your tax identification number for property contracts;
- in certain cases, e.g. marriage contracts, wills, inheritance contracts or adoptions, also data on your family situation and your assets and, if applicable, information on your health or other sensitive data, e.g. because this serves 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 at credit institutions.
I also process data from public registers, e.g. land registers, commercial registers and registers of associations.
3. for what purposes and on what legal basis is the data processed?
As a notary, I am the holder of a public office. My official duties are carried out in the performance of a task which is in the public interest in the proper administration of justice and thus in the public interest, and in the exercise of official authority (Art. 6 para. 1 sentence 1 letter e of the General Data Protection Regulation (GDPR)).
Your data will be processed exclusively in order to carry out the notarial activity requested by you and any 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 deed transactions or the provision of advice. The processing of personal data is therefore only ever carried out on the basis of the professional and procedural provisions applicable to me, which are essentially derived from the Federal Notarial Code and the Notarisation Act. These provisions also give rise to the legal obligation for me to process the required data (Art. 6 para. 1 sentence 1 letter c GDPR). Failure to provide the data requested from you would therefore mean that I would have to refuse the (further) execution of the official transaction.
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 authorised by me.
I may therefore only pass on your data if and insofar as I am obliged to do so in individual cases, e.g. due to notification obligations to the tax authorities, or to public registers such as the land registry, commercial or association registers, the central register of wills, registers of precautionary measures, courts such as probate, care or family courts or authorities. In the context of professional and official supervision, 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. Possible data recipients as processors are our external IT system administrator, notary software provider, web host, 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 declarations made by you 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 special 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?
I process and store your personal data within the scope of my statutory retention obligations.
The following retention periods apply to the retention of notarial documents in accordance with Section 50 (1) of the Ordinance on the Maintenance of Notarial Files and Directories (NotAktVV):
- Index of deeds, electronic collection of deeds, collection of inheritance contracts and special collection: 100 years,
- Paper-bound collection of documents, custody register and general files: 30 years,
- Collective file for bill of exchange and cheque protests and ancillary files: 7 years; the notary may specify a longer retention period in writing, e.g. for dispositions mortis causa or in the event of a risk of recourse, at the latest when the content of the ancillary file is last processed; the provision may also be made in general for individual types of legal transactions, e.g. for dispositions mortis causa.
After expiry of the storage periods, 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 para. 1 sentence 1 letter c GDPR due to tax and commercial law storage and documentation obligations (from the German Commercial Code, Criminal Code, Money Laundering Act or the German Fiscal Code) as well as professional regulations for the purpose of conflict-of-law checks.
7 What rights do you have?
You have the right:
- to request information about whether I process personal data about you, if so, for what purposes I process the data and which 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 are entitled to (Art. 15 GDPR).
- to have inaccurate personal data concerning you that is stored by me corrected. You also have the right to have an incomplete data record stored by me completed (Art. 16 GDPR).
- to demand the erasure of personal data concerning you, provided that there is a statutory reason for erasure (see Art. 17 GDPR) and the processing of your data is not required to fulfil a legal obligation or for other overriding reasons within the meaning of the GDPR.
- to demand that I only process your data to a limited extent, e.g. for the assertion of legal claims or for reasons of important public interest, while I check your claim for correction or objection, for example, or if I reject your claim for deletion (cf. Art. 18 GDPR).
- to object to the processing if this is necessary for me to fulfil my duties in the public interest or to exercise my public office, if there are reasons for the objection arising from your particular situation (Art. 21 GDPR).
- to contact the supervisory authorities with a data protection complaint. The supervisory authority responsible for me is The Hessian Commissioner for Data Protection and Freedom of Information, Gustav-Stresemann-Ring 1, 65189 Wiesbaden, Germany
The complaint can be lodged with any supervisory authority, regardless of jurisdiction.