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Privacy Statement according to Art. 13 GDPR

As of: November 2020

The confidentiality and the protection of the privacy of the clients have a particularly high priority in the notary's office. In the following, we would like to inform you which personal data we process in accordance with the EU General Data Protection Regulation (GDPR). The information also tells you what rights you have with regard to your data.

 

1. Responsibility for data processing

The person responsible within the meaning of the GDPR for processing personal data is:

Notary Ralf Schumm, Neuwerkstrasse 26, 99084 Erfurt

Phone: 0361 645690

Email: info@notar-schumm.de

The appointed data protection officer is the GNotDS Society for Notarial Data Protection with Limited Liability (GNotDS), Ehrensteinstraße 33, 04105 Leipzig, email: datenschutz@gnotds.de.

 

2. Purpose of data processing

We process personal data when performing the tasks assigned to us by law. This data processing takes place at your request and is necessary for the appropriate processing of your matters as well as for the fulfillment of information and application obligations.

 

3. Categories of personal data and legal bases for their processing

Personal data that are processed by us are all data that can be related to you personally. These include:

 

  • General personal data: name, date of birth and age, gender, place of birth, marital status, address, nationality, email address, telephone number etc .;
  • Identification numbers: ID card and passport number, tax identification number, driver's license, license plate etc.;
  • Bank details: credit institution, bank details, credit information etc.;
  • Financial circumstances: property ownership, other rights to land, company holdings, insurance, income, pension information, other movable property, etc.

The legal basis for the processing of personal data is Art. 6 Para. 1 lit. c) and e) GDPR, § 16 ThürDSG in conjunction with the notarial professional law (in particular BNotO, BeurkG and DONot). Art. 6 Para. 1 lit. c) GDPR allows data processing if this is necessary to fulfill legal obligations of the person responsible. Art. 6 para. 1 lit. e) GDPR permits data processing to perform a task in the public interest and processing in the exercise of official authority.

 

In addition, special categories of personal data can be processed for a proper procedure according to the BeurkG, e.g. information on disabilities (visual, hearing, writing disabilities), sexual orientation and health data. The legal basis for the processing of these special categories of data is Art. 9 Paragraph 2 lit. g) GDPR, § 22 Paragraph 1 No. 1 lit.d) BDSG in conjunction with §§ 11, 17, 22 ff., 28 BeurkG.

 

We also collect personal data from publicly accessible sources, e.g. property data from the land registry and register data from the commercial register. We also collect data from other sources, e.g. from creditors. However, this only happens on the basis of your prior request and to process your specific request or to fulfill legal obligations.

4. Recipients of your data

We only transfer your personal data to third parties if this is permitted and required by law or if you have given your consent.

The main recipients of your personal data can be: the land registry, the commercial register, the central will register, the central pension register, the tax office, the state notary's office, the competent notary chamber, the supervisory authority, other notaries, credit institutions and other private third parties. The transfer to private third parties only takes place to fulfill your specific request and only at your request. The transfer to the state notarial office takes place only as part of the cost review. Information on the processing of this data is provided on www.laendernotarkasse.de in the data protection declaration "Examination of the cost and tax system".

 

Furthermore, the transmission of data to other authorized recipients takes place. This includes in particular the service providers we use if they are commissioned as processors in accordance with Art. 28 GDPR. Processors in this sense are e.g. the IT system administrator, the notary software provider, the financial accounting.

 

5. Storage of your data

We store your data in accordance with the statutory retention periods. The retention periods are primarily based on the DONot and the AO and depend on the processing purpose. For example, the retention period for accounting records is ten years from receipt or dispatch of the correspondence and entry in the financial accounting (Section 257 HGB in conjunction with Section 147 AO) or 100 years for a note on dispositions due to death in accordance with Section 20 (1) DONot.

6. Your rights

You have the following rights vis-à-vis us with regard to your personal data:

 

  • Information about your personal data (Art. 15 GDPR);
  • Correction of incorrect personal data concerning you (Art. 16 GDPR);
  • Deletion of personal data (Art. 17 GDPR);
  • Restriction of the processing of personal data (Art. 18 GDPR);
  • Objection to the processing of personal data (Art. 21 GDPR).

The above rights only apply insofar as they do not conflict with the notarial confidentiality obligation according to § 18 BNotO. The processing of your data takes place on the basis of legal regulations. We only need your consent in exceptional cases. In these cases you also have the right to revoke your consent for future processing (Art. 7 Para. 3 GDPR). The previous legality of the processing is not affected by this revocation.

 

You also have the right to contact a data protection supervisory authority if you are of the opinion that your personal data is not being processed lawfully. The address of the supervisory authority responsible for us is: Thuringian State Commissioner for Data Protection and Freedom of Information, PO Box 90 04 55, 99107 Erfurt.

 

If you have any questions about the processing of your data, please do not hesitate to contact us.

 

Yours, Ralf Schumm, notary public