Principles of data processing

of Schröder & Busse GbR

and

of the notary Dr Dennis Eifert

 

You have come to this page via a link because you want to find out about our handling of (your) personal data. In order to fulfil our information obligations in accordance with Art. 12 et seq. of the General Data Protection Regulation (DS-GVO), we are pleased to present our information on data protection below. This information is initially divided into a general section and a special section. The special section provides additional explanations for certain processing operations. Where the term “data” is used in the text, it refers solely to personal data within the meaning of the GDPR.

I. General part

1. Who is responsible for data processing?

This privacy notice applies to data processing by:

Schröder & Busse GbR, represented by Dieter Busse, lawyer and notary (ret.), Dr. Dennis Eifert, lawyer and notary, Milkica Romic (hereinafter: Schröder & Busse GbR), Mainzer Landstraße 69 – 71, D-60329 Frankfurt am Main, Germany E-mail: legal@schroederbusse.de., Phone: +49 (0)69 – 756087-50 Fax: +49 (0)69 – 756087-91

Notary Dr. Dennis Eifert with office in Frankfurt am Main, Mainzer Landstraße 69 – 71, D-60329 Frankfurt am Main, Germany E-mail: legal@schroederbusse.de., Phone: +49 (0)69 – 756087-50 Fax: +49 (0)69 – 756087-91

You will find further information in our imprint on our website: https://www.schroederbusse.de/impressum/

2. Which of your data do we process? And for what purposes?

If we have received data from you, we will only process it for the purposes for which we received or collected it.

Data processing for other purposes can only be considered if the necessary legal requirements pursuant to Article 6 (4) of the GDPR are met. In this case, we will of course comply with any information obligations pursuant to Article 13 (3) of the GDPR and Article 14 (4) of the GDPR.

The collection of this data takes place in particular,

  • to be able to identify you as our client;
  • in order to be able to provide you with appropriate legal advice and representation;
  • in order to be able to perform the commissioned notarial activity within the framework of the exercise of the notary’s public office (inter alia, preparation of draft deeds, provision of advice, notarisation and execution of deeds on the basis of the existing professional regulations, in particular the Federal Notarial Code);
  • for correspondence with offices and authorities in the context of notarial matters (land registry offices, commercial registers, registry offices, tax offices etc.)
  • for correspondence with you;
  • for invoicing;
  • for the settlement of any existing liability claims and the assertion of any claims against you;3. On what legal basis is that based?

The legal basis for the processing of personal data is in principle – insofar as there are no other specific legal provisions – Art. 6 DS-GVO. The following possibilities in particular come into consideration here:

  • Consent (Art. 6 para. 1 lit. a) DS-GVO)
  • Data processing for the performance of contracts (Art. 6 (1) (b) DS-GVO)
  • Data processing for the fulfilment of a legal obligation (Art. 6 para. 1 lit. c) DS-GVO)
  • Data processing on the basis of a balancing of interests (Art. 6 para. 1 lit. f) DS-GVO)

The notary’s official activities are carried out in the performance of tasks that are in the public interest in the orderly preventive administration of justice and thus in the public interest and in the exercise of official authority (Art. 6 Paragraph 1 Sentence 1 lit e DSGVO).

In the context of notarial activities, there may also be a legal obligation for the processing of personal data pursuant to Article 6 (1) sentence 1 lit. c DSGVO (inter alia for notification to tax offices (including land acquisition tax office), commercial registers, land registry offices or registry offices (inter alia for deed activities that have effects under inheritance law) or under existing money laundering regulations. Otherwise, the notary would have to refuse to take over the official business.

If personal data is processed on the basis of your consent, you have the right to revoke your consent at any time with effect for the future.

If we process data on the basis of a balance of interests, you as the data subject have the right to object to the processing of the personal data, taking into account the requirements of Art. 21 DS-GVO.

4. How long will the data be stored?

We process the data as long as this is necessary for the respective purpose.

Insofar as there are legal obligations to retain data – e.g. under commercial law or tax law – the personal data concerned will be stored for the duration of the retention obligation. After expiry of the retention obligation, it is checked whether there is a further need for processing. If there is no longer a need, the data will be deleted.

As a matter of principle, towards the end of a calendar year, we carry out an examination of data with regard to the need for further processing. Due to the volume of data, this check is carried out with regard to specific types of data or purposes of processing.

You can, of course, request information at any time (see below) about the data we have stored about you and, if it is not necessary, request that the data be deleted or the processing restricted.

The personal data collected by us for the legal mandate will be stored until the expiry of the statutory retention obligation for lawyers, i.e. six years after the end of the calendar year in which the mandate was terminated, and then deleted.

With regard to notarial activities, the following retention periods apply in accordance with § 50 Ordinance on the Maintenance of Notarial Records and Directories (NotAktVV):

The following retention periods apply to documents created on or after 1 January 2022:

  • for entries in the register of deeds 100 years,
  • for entries in the custody register 30 years,
  • 30 years for the documents kept in the document collection,
  • 100 years for the documents kept in the inheritance contract collection,
  • 100 years for the documents stored in the electronic document collection,
  • 100 years for the documents kept in the Special Collection,
  • 7 years for the documents kept in the auxiliary file,
  • for the documents kept in the collective file for bill and cheque protests 7 years and
  • 30 years for the documents kept in the general file.

The start of the period is calculated in accordance with § 50 Paragraph 2 NotAktVV. For documents created from 1 January 1950 to 31 December 2021, the retention periods pursuant to section 51 NotAktVV apply in deviation. Available on the law portal of the Federal Ministry of Justice.

5. To which recipients is the data passed on?

Your personal data will only be passed on to third parties if this is necessary for the performance of the contract with you, if the transfer is permissible on the basis of a consideration of interests within the meaning of Art. 6 Para. 1 lit. f) DS-GVO, if we are legally obliged to pass on the data or if you have given your consent to do so.

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 the assertion and defence of your rights. The data disclosed may be used by the third party exclusively for the purposes stated.

The confidentiality of lawyers and notaries shall remain unaffected. This also applies to the employees of the law firm and the notary as well as other agents. Insofar as data subject to legal and notarial confidentiality is concerned, it will only be passed on to third parties in consultation with you. Irrespective of this, the legal obligation to pass on data remains unaffected.

An obligation to disclose may arise in the notarial relationship in particular vis-à-vis the financial administration, public registers, such as the land registry, commercial register, central register of wills, provident register, but also courts, in probate and guardianship matters (courts and authorities) and within the framework of professional and service supervision for disclosure to the chamber of notaries or service supervision, which in turn are subject to the duty of confidentiality.

6. Where is the data processed?

Your personal data will only be processed by us on our premises unless more specifically stated below.

7. Your rights as a “data subject

You have the right to obtain information about the personal data we process about you.

In the case of a request for information that is not made in writing, we ask for your understanding that we may then require evidence from you to prove that you are the person you claim to be.

Furthermore, you have a right to rectification or erasure or to restriction of processing, insofar as you are entitled to this by law.

Furthermore, you have a right to object to processing within the framework of the legal requirements. The same applies to a right to data portability.

In particular, you have the right to object to the processing of your data in connection with direct marketing in accordance with Art. 21 (1) and (2) DS-GVO if this is carried out on the basis of a balancing of interests.

8. Our data protection officer

The data protection officer of the law firm Schröder & Busse and the notary Dr. Dennis Eifert can be reached at the following contact details:

Data Protection Officer RA B. Rudolph
Weißmann Data Protection GmbH
Deputy Data Protection Officer RA P. Weißmann

Bosenheimer Str. 1055543
Bad Kreuznach

E-mail: datenschutz@kanzlei-weissmann.de

9. Right of appeal

You have the right to complain about our processing of personal data to a data protection supervisory authority.

II. Special part

The following special features apply to further processing in addition to the General Section.

1. Visitors to the website

Information about the specific data processing on the website and social media can be found under the privacy policy of the respective website.

2. Online meetings, telephone conferences and online seminars

We use Microsoft Teams to conduct conference calls, online meetings, video conferences and/or online seminars (hereinafter: “Online Meetings”). Provider is:

  • “Microsoft Teams” is a service of Microsoft Corporation.

The person responsible for data processing directly related to the conduct of “online meetings” is Schröder & Busse GbR or the notary Dr. Dennis Eifert.

Note: If you call up the website of a tool, the tool provider is responsible for data processing. However, accessing the website is only necessary for downloading the respective software.

If you do not want to or cannot use the app, then the basic functions can also be used via a browser version, which you can also find on the website of the respective provider.

Various types of data are processed when you use the online meeting. The scope of the data also depends on the data you provide before or during participation in an “online meeting”. The following personal data may be processed:

  • User details: first name, last name, telephone (optional), e-mail address, password (if “single sign-on” is not used), profile picture (optional), department (optional)
  • Meeting metadata: Topic, description (optional), participant IP addresses, device/hardware information.
  • For recordings (optional): MP4 file of all video, audio and presentation recordings, M4A file of all audio recordings, text file of the online meeting chat.
  • When dialling in with the telephone: information on the incoming and outgoing call number, country name, start and end time. If necessary, further connection data, such as the IP address of the device, can be saved.
  • Text, audio and video data: You may have the option of using the chat, question or survey functions in an “online meeting”. In this respect, the text entries you make are processed in order to display them in the “online meeting” and, if necessary, to record them. In order to enable the display of video and the playback of audio, the data from the microphone of your terminal device and from any video camera of the terminal device are processed accordingly during the meeting. You can switch off or mute the camera or microphone yourself at any time via the respective applications.

The details may differ from version to version and depend on the respective use. To participate in an “online meeting” or to enter the “meeting room”, you must at least enter your name.

If it is necessary for the purposes of logging the results of an online meeting, we will log the chat content. However, this will not usually be the case.

In the case of webinars, we may also process questions asked by webinar participants for the purposes of recording and following up webinars.

If you are registered as a user with Microsoft Teams, then reports on “online meetings” (meeting metadata, telephone dial-in data, questions and answers in webinars, survey function in webinars) can be stored for up to one month with the tool provider.

Automated decision-making within the meaning of Art. 22 DS-GVO is not used.

Insofar as personal data of employees of Schröder & Busse GbR or the notary Dr. Eifert are processed, Section 26 BDSG is the legal basis for the data processing. If, in connection with the use of the tool provider, personal data is not required for the establishment, implementation or termination of the employment relationship, but is nevertheless an elementary component of its use, the legal basis for data processing is Art. 6 (1) f) DS-GVO. In these cases, our interest lies in the effective implementation of “online meetings”.

Furthermore, the legal basis for data processing when conducting “online meetings” is Art. 6 para. 1 lit. b) DS-GVO, insofar as the meetings are conducted within the framework of contractual relationships.

If there is no contractual relationship, the legal basis is Art. 6 para. 1 lit. f) DS-GVO. Here, too, our interest is in the effective conduct of “online meetings”.

Personal data processed in connection with participation in “online meetings” will not be disclosed to third parties as a matter of principle, unless it is specifically intended for disclosure. Please note that the content of online meetings, as well as personal meetings, is often used to communicate information with customers, interested parties or third parties and is therefore intended to be passed on.

Other recipients:

  • The provider of “Microsoft Teams” necessarily obtains knowledge of the above-mentioned data insofar as this is provided for in the context of our order processing agreement with “Microsoft Teams”.

“Teams” is a service from the USA. Processing of personal data therefore also takes place in a third country. We have concluded an order processing agreement with the provider that meets the requirements of Art. 28 of the GDPR.

An adequate level of data protection is guaranteed on the one hand by the conclusion of the so-called EU standard contractual clauses.

Amendment of this data protection notice

We revise this data protection notice in the event of changes to data processing or other occasions that make this necessary. You will always find the current version on this website.

Stand: 07.02.2022