Compliance with the duties to provide information in terms of data protection at the beginning of a mandate or upon mandating the Notary

(Art. 13 and 14 GDPR)

Notes on data processing

1. Name and contact data of the person responsible for processing as well as of the company data protection officer

These notes on privacy apply for processing by:

Schröder & Busse GbR, represented by Lawyer and Notary Dieter Busse, retired and 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., Fon: +49/0 – 756087/-50 Fax: +49/0 – 756087/-91

Notary Dr. Dennis Eifert, registered office in Frankfurt am Main, Mainzer Landstraße 69 – 71, D-60329 Frankfurt am Main, Germany, Email: legal@schroederbusse.de.,
Fon: +49/0 – 756087/-50 Fax: +49/0 – 756087/-91
The data protection officer of Notary Dr. Dennis Eifert,
RA Jochen Schimke, may be contacted under the above
address or under datenschutz@schroederbusse.de.

2. Collection and storage of personal data as well as nature and purpose of their use
When you mandate us as lawyers or entrust Notary Dr. Dennis Eifert with a notarial matter, we will collect the following information:

  • title, first name, last name, date of birth, place of birth
  • citizenship
  • marital status
  • a valid e-mail address,
  • postal address,
  • phone (landline and/or mobile number) and telefax number
  • information required for asserting or defending your rights within the scope of the mandate (lawyer’s mandate),
  • information required to carry out the notarial activities (among others, the drafting of documents); such documents may include in particular, but without limitation, copies of identity cards (among others, to comply with identification duties according to the applicable anti-money laundering obligations), VAT identification number, land register information (for drafting of real property sale and purchase agreements), personal master data (among others, for inheritance matters);
  • in specific cases, such as, for example, within the scope of marriage or succession contracts, wills or adoptions, data regarding the family situation, your assets as well as health data or other sensitive information, e.g. for documenting your legal capacity;
  • in specific cases, also data regarding legal relationships with third parties, for example reference numbers, loan or account numbers with credit institutions,
  • data from public registers (land registry, commercial register, register of associations).

We collect such data:

  • to be able to identify you as our Client;
  • to provide adequate legal advice and to represent you adequately;
  • to be able to provide the mandated notarial services within the scope of exercising a public office as notary (among others, drafting of documents, providing consultancy services, notarisation and execution of document transactions based on existing professional regulations, in particular the rules on professional conduct applicable to notaries public (Bundesnotarordnung);
  • for correspondence with public agencies and authorities within the scope of notarial matters (land registries, commercial registers, registry offices, tax offices, etc.)
  • for correspondence with you;
  • for invoicing;
  • for handling of any existing liability claims as well as asserting eventual claims against you;

 

Data processing is effected at your request and is necessary in line with Art. 6 (1) s. 1 lit. b GDPR for the stated purposes in order to ensure the proper handling of the mandate and to comply with the mutual obligations from the mandate contract.

The notary’s official function involves tasks carried carried out in the public interest for a proper, precautionary administration of justice and in the exercise of official authority (Art. 6 (1) sent. 1 lit. e GDPR).

Within the scope of notarial activities it may be that for the processing of personal data, there is a legal obligation in line with 6 (1) s. 1 lit. c GDPR (among others, to inform the tax offices (including the real property tax department), commercial registers, land registries or registry offices (among others, to issue inheritance-law documents) or according to the existing applicable anti-money laundering obligations. Otherwise, the notary would have to reject taking over such official duties.

The personal data collected by us within the scope of our mandate will be saved up to the expiry of the statutory archive requirements for lawyers (6 years from the end of the calendar year in which the mandate was terminated) and deleted thereafter.

The following archive requirements apply to notarial activities (sec. 5 (4) of the Professional Regulations for Notaries):

  • Roll of deeds, register of testamentary contracts, roll of deeds directory and collection of official documents, the separately retained testamentary contracts ( 18 (4)): 100 years,
  • Custody ledger and estate accounts, estate accounts directory, list of ecrow accounts, general files: 30 years,
  • Ancillary files: 7 years; the Notary may determine in writing another record retention period during the most recent editing of the content, e.g. for dispositions mortis causa or when there is a risk of recourse; the record retention period may also be determined for individual types of legal transactions such as, for example, dispositions mortis causa.
  • Miscellanies for bill and cheque protests: 5 years,
  • Copies of dispositions mortis causa which, in line with sec. 16 (1) s. 1 of the Professional Regulations for Notaries that have been included in the ancillary files in their applicable version as of 01 Jan 1985 shall be retained, in derogation of sentence 1, for 100 years. In derogation of the periods set out in sentence 1, indent 1 and in sentence 2, documents issued before 01 Jan 1950 shall, until further notice, be permanently retained, however without the obligation of preservation. The record retention period starts with the first day of the calendar year following the most recent editing of the content. After the expiry of the record retention period, the documents shall be destroyed, unless on a case-by-case basis, their further retention is required.

Unless in line with Art. 6 (1) s.1 lit. c GDPR, we are bound to longer retention periods by retention and documentation obligations in terms of tax and trade laws (from the German Commercial Code, German Criminal Code or German Fiscal Code) or if you gave your consent to further retention in line with Art. 6 (1) s.1 lit. a GDPR, we shall retain the original documents for an unlimited term (Art. 6 (1) s. 1 lit. c GDPR). Furthermore, the previous section shall also apply for the Notary’s reference files.

3. Disclosure of data to third parties

A transmission of your personal data to any third parties for other purposes than those listed below will not take place.

To the extent that this is required in line with Art. 6 (1) s. 1 lit. b GDPR for the performance of a mandate concluded with you or with services mandated to the Notary, your personal data will be transmitted to third parties. In particular, this includes the disclosure to opposing parties and their representatives (in particular, their lawyers) as well as courts and other public authorities for the purposes of correspondence and the assertion and defense of your rights. Third parties may use the disclosed data exclusively for the above purposes.

The attorney/notary-client privilege shall remain unaffected. This shall also apply to the employees of the law office and to any other agents. To the extent that the data concerned are subject to the attorney/notary-client privilege, they will be transmitted to third parties only after consultation with you.

Irrespective of the above provisions, the notary shall be, from time to time, obliged to disclose information, including vis-à-vis tax authorities or within the scope of their disclosure to public registers such as, for example, the land registry, commercial register, central register of wills, register of advance directives, courts, in estate and guardianship matters (courts and authorities) and within the scope of professional and administrative supervision for disclosure to the chamber of notaries or the supervising authority who, in turn, are bound to secrecy.

4. Rights of data subjects

You are entitled as follows:

  • in line with Art. 7 (3) GDPR to withdraw your consent given to us at any time. This means that we may not continue processing based on this consent in the future, and
  • in line with Art. 15 GDPR to obtain information on your personal data processed by us. In particular, you have the right to obtain information the purposes of the processing, the categories of personal data concerned, the categories of recipients to whom your personal data have been or will be disclosed, the envisaged period for which the personal data will be stored, the existence of the right to request rectification or erasure or restriction of processing or of personal data or objection, the existence of a right to complain, the source of your data to the extent that these were not collected by us as well as on the existence of an automated decision making including profiling and, if applicable, substantive information on the details thereof;
  • in line with Art. 16 GDPR to request without undue delay the rectification of inaccurate personal data or the completion of your personal data stored with us;
  • in line with Art. 17 GDPR to request the deletion of your personal data stored with us to the extent that processing is not required to exercise the right to free expression and information, to comply with a legal obligation, for reasons of public interest or to establish, exercise or defend legal claims;
  • in line with Art. 18 GDPR to request restriction of processing of your personal data to the extent that you contest the accuracy of the personal data, the processing is unlawful and you oppose the erasure and we no longer need the personal data, but you need them for the establishment, exercise or defence of legal claims or if you have raised an objection against processing in line with Art. 21 GDPR;
  • in line with Art. 20 GDPR to receive your personal data provided to us in a structured, commonly used and machine-readable format or to request that they are transmitted to another controller;
  • in line with Art. 77 GDPR to lodge a complaint with a supervisory authority. Generally, you may contact the supervisory authority of your habitual residence, place of work or at the seat of our law office.

5. Right of objection

To the extent that your personal data are processed on the basis of legitimate interests in line with Art. 6 (1) s. 1 lit. f GDPR, you have the right according to Art. 21 GDPR to object processing of your personal data on grounds relating to your particular situation.

If you intend to use your right to object, just send an e-mail to datenschutz@schroederbusse.de.