DATA PROTECTION AT THE NOTARY'S OFFICE

The confidentiality and protection of our clients' privacy are of particular importance at the notary's office. In the following, we would like to inform you about which personal data we process in accordance with the EU General Data Protection Regulation (GDPR). This information also explains your rights with regard to your data.

I. RESPONSIBILITY FOR DATA PROCESSING

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

Notary Christoph Wich, Katharinenstraße 6, 04109 Leipzig
Phone: 0341 2117731
E-mail: info@notar-wich.de Saxony
The appointed data protection officer is GNotDS Gesellschaft für notariellen Datenschutz mit beschränkter Haftung (GNotDS), Ehrensteinstraße 33, 04105 Leipzig, email: datenschutz@gnotds.de.

II. PURPOSE OF DATA PROCESSING

We process personal data in the performance of our statutory duties. This data processing is carried out at your request and is necessary for the appropriate handling of your request and for the fulfilment of information and application obligations.

III. CATEGORIES OF PERSONAL DATA AND LEGAL BASIS FOR THEIR PROCESSING
Personal data processed by us is all data that can be related to you personally. This includes, among other things:

  • General personal data name, date of birth and age, gender, place of birth, marital status, address, nationality, email address, telephone number, etc.;
  • Identification numbers: identity card and passport number, tax identification number, driving licence, vehicle registration number, etc.; in the online notarial procedure: eID;
  • Bank details: credit institution, bank account details, credit information, etc.;
  • Financial circumstances: real estate ownership, other rights to real estate, company shareholdings, insurance policies, income, pension information, other movable assets, etc.

The legal basis for the processing of personal data is Art. 6 (1) (c) and (e) GDPR, § 3 (1) SächsDSDG, § 9 (2) (g) GDPR, § 13 NotViKoV, in conjunction with notarial professional law (in particular BNotO, BeurkG and DONot).

Art. 6 (1) (c) GDPR permits data processing if this is necessary to fulfil the legal obligations of the controller. Art. 6 (1) (e) GDPR permits data processing for the performance of a task carried out in the public interest and the exercise of official authority.

In addition, special categories of personal data may be processed for the purposes of proper procedure in accordance with 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 (2) (g) GDPR, § 22 (1) No. 1 (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. Furthermore, we collect data from other sources, e.g. from creditors. However, this only happens at your prior request and for the purpose of processing your specific request or fulfilling legal obligations.

IV. 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 consented to this.

The recipients of your personal data may primarily include: the Land Registry, the Commercial Register, the Central Register of Wills, the Central Register of Lasting Powers of Attorney, the tax office, the State Notary Fund, the competent Chamber of Notaries, the supervisory authority, other notaries, credit institutions and other private third parties. The transfer to private third parties only takes place to fulfil your specific request and only at your request. Data will only be transferred to the state notary fund for the purpose of cost verification. Information on the processing of this data can be found at www.laendernotarkasse.de in the privacy policy ‘Verification of costs and fees’.

Furthermore, data is transferred to other authorised recipients. These include, in particular, service providers employed by us if they are commissioned as processors in accordance with Art. 28 GDPR. Processors in this sense are, for example, the IT system administrator, the notary software providers and the financial accounting department.

V. ONLINE FORMS

Our website is linked to a button for online data collection, which gives you the opportunity to send us data via an online form. If you use this online service from NotarNow (LegalNow GmbH, Lena-Christ-Straße 2, 82031 Grünwald, Germany), your details, including the contact details you provide there, will be automatically stored on the NotarNow servers for a short time for the purpose of processing the request and in the event of follow-up questions and then forwarded to us. Data transmission is encrypted using transport encryption via Secure Socket Layer (SSL/TLS).
The data is stored solely for the purpose of processing or contacting the data subject. The data will not be passed on to other third parties. The legal basis for the processing of the data is Art. 6 para. 1 lit. b GDPR, provided that your request is related to the fulfillment of a contract or is necessary for the implementation of pre-contractual measures. In all other cases, the processing is based on our legitimate interest in the effective processing of the inquiries addressed to us (Art. 6 para. 1 lit. f GDPR) or on your consent (Art. 6 para. 1 lit. a GDPR), if this has been requested.
We will retain the data you provide on the online form until you request its deletion, revoke your consent for its storage, or the purpose for its storage no longer pertains (e.g. after fulfilling your request). Mandatory statutory provisions - in particular retention periods - remain unaffected.
When using the "cache" function, your online form entries are encrypted and stored anonymously for 30 days. If the online form is not sent to us within these 30 days, the form entries will be deleted automatically. A request for deletion on your part is not necessary in this case.

VI. 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 purpose of processing. For example, the retention period for accounting documents is ten years from receipt or dispatch of the correspondence and entry in the financial accounting system (§ 257 HGB in conjunction with § 147 AO) or 100 years for a note on dispositions of property upon death in accordance with § 20 (1) DNotO.

VII. 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 inaccurate personal data (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 apply only insofar as they do not conflict with the notary's duty of confidentiality pursuant to Section 18 BNotO. Your data is processed on the basis of statutory provisions.

We only require your consent in exceptional cases. In these cases, you also have the right to withdraw your consent for future processing (Art. 7(3) GDPR). This withdrawal does not affect the lawfulness of the processing carried out to date.

You also have the right to contact a data protection supervisory authority if you believe that the processing of your personal data is not lawful. The address of the supervisory authority responsible for us is: Sächsischer Datenschutzbeauftragter, Postfach 11 01 32, 01330 Dresden.

 

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

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