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 (GDPR ), 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 GDPR . The following possibilities in particular come into consideration here:

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

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 GDPR .

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 balancing of interests within the meaning of Art. 6 Para. 1 lit. f) GDPR , 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 as well as 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) GDPR 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:

advokIT Data Protection
Weißmann Datenschutz GmbH

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

Schirmerstraße 30
50823 Cologne

Postal address:

Riemenschneiderstraße 4
55543 Bad Kreuznach

Privacy[at]advokit.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. Audio and video conferencing

We conduct audio and video conferences, e.g. for meetings or seminars. The specific tools we use are listed below. When you communicate with us by video or audio conference via the internet, your personal data, including but not limited to your email address, telephone number, IP address and technical data for handling the online communication, will be collected and processed by us and the provider of the respective conference tool.

The conference tools collect all data that you provide/enter to use the tools (e-mail address and/or your telephone number). Furthermore, the conference tools process the duration of the conference, start and end (time) of participation in the conference, number of participants and other “contextual information” related to the communication process (metadata).

Furthermore, the provider of the tool processes all technical data that is required to handle the online communication. This includes, in particular, IP addresses, MAC addresses, device IDs, device type, operating system type and version, client version, camera type, microphone or loudspeaker and the type of connection. In addition, the tool provider may also collect data to improve its services and to provide personalised products.

If content is shared, uploaded or otherwise made available within the tool, it will also be stored on the servers of the tool providers. Such content includes, in particular, cloud recordings, chat/ instant messages, voicemails, uploaded photos and videos, files, whiteboards and other information shared during the use of the service.

Please note that we do not have full influence on the data processing procedures of the tools used. Our options are largely determined by the corporate policy of the respective provider. For further information on data processing by the conference tools, please refer to the data protection declarations of the respective tools used, which we have listed below this text.

Purpose and legal basis

The conference tools are used to communicate with prospective or existing contractual partners or to offer certain services to our customers (Art. 6 para. 1 lit. b DSGVO). Furthermore, the use of the tools serves the general simplification and acceleration of communication with us or our company. This constitutes a legitimate interest within the meaning of Art. 6 para. 1 lit. f DSGVO, as it improves the efficiency and effectiveness of our business processes. Insofar as consent has been requested, the tools in question are used on the basis of this consent; consent can be revoked at any time with effect for the future.

Storage period

The data collected directly by us via the video and conference tools is deleted from our systems as soon as you request us to delete it, revoke your consent to store it or the purpose for storing the data no longer applies. Stored cookies remain on your terminal device until you delete them. Mandatory legal retention periods remain unaffected. Please note that the storage period of your data may also depend on the data protection practices of the respective provider. We recommend that you consult the provider’s privacy policy for further information.

We have no influence on the storage period of your data, which is stored by the operators of the conference tools for their own purposes. For details, please contact the operators of the conference tools directly.

Note on responsibility: Video conferencing tools are telecommunications services since the updated Telecommunications Act (TKG) and Telecommunications Telemedia Data Protection Act (TTDSG) came into force. As users of the tools, we are responsible for the processing of personal data within our sphere of influence. With regard to the processing of metadata, the provider of the telecommunications service is responsible.

Note on use via the browser: If you call up the respective conference tool via your web browser, the data will be processed exclusively via this browser. In this case, not all functions of the respective tool will be available.

Conference tools used

We use the following conference tools:

Microsoft Teams

We use Microsoft Teams. The provider is Microsoft Ireland Operations Limited, One Microsoft Place, South County Business Park, Leopardstown, Dublin 18, Ireland.

Microsoft Teams processes various types of personal data, including content of your meetings, chats, voicemails, shared files, recordings and transcripts, profile data, call history, call quality data, support/feedback data, diagnostic and service data. Microsoft will retain your data for the minimum time necessary to provide the service and will delete all copies of personal data within 30 days of a user deleting the data. For more detailed information, please see the Microsoft Teams Privacy Policy: https://privacy.microsoft.com/de-de/privacystatement.

The company is certified according to the “EU-US Data Privacy Framework” (DPF). The DPF is an agreement between the European Union and the USA, which is intended to ensure compliance with European data protection standards for data processing in the USA. Any company certified under the DPF undertakes to comply with these data protection standards. For more information, please contact the provider at the following link: https://www.dataprivacyframework.gov/s/participant-search/participant-detail?contact=true&id=a2zt0000000KzNaAAK&status=Active

We have concluded a contract on order processing (AVV) for the use of the above-mentioned service. This is a contract required by data protection law, which ensures that this service only processes the personal data of our website visitors in accordance with our instructions and in compliance with the GDPR.

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.

Status: 03.08.2023