Information on Data Protection - Notary
1. Who is responsible? Who can you contact?
The Notaries Dr. Bernhard Schultz, Robin Maletz, Dr. Thomas Puffe and Dr. Eva Kreibohm, each with official residence in Berlin, as well as the Notaries Klaus Beine and Dr. Claudia-Maria Wirth, each with official residence in Frankfurt am Main, are the controllers for the processing of your personal data. Each of the aforementioned notaries is sole controller in the meaning of the data protection regulations for the area for which they have assumed full responsibility. For all data protection-related inquiries you may contact either the respective responsible notary or our common data protection officer. Contact details are:
Luetzowplatz 10, 10785 Berlin
Phone: 030 264 71-0
Notary Dr. Bernhard Schultz
Notary Robin Maletz
Notary Dr. Thomas Puffe
Notary Dr. Eva Kreibohm
Mainzer Landstrasse 36, 60325 Frankfurt am Main
Phone: 069 756095-0
Notary Klaus Beine
Notary Dr. Claudia-Maria Wirth
Data Protection Officer:
Lawyer, Specialist Lawyer for Copyright and Media Law
Dr. Matthias Schote
BEITEN BURKHARDT Rechtsanwaltsgesellschaft mbH
2. Which data will be processed by the notary and from where do they originate?
The notary processes personally identifiable data provided by either yourself or a third party instructed by you (e.g. lawyer, tax advisor, real estate agent, credit institution), such as, for instance,
- data related to your person, e.g. first and last name, date and place of birth, nationality, marital status; in the individual case your birth registration number;
- contact details, such as, for example, postal address, telephone and fax numbers, e-mail address;
- in case of property agreements your tax identification number;
- in specific cases, e.g. marriage contracts, wills, contracts of inheritance or adoptions, also data relating to your family situation and your assets as well as information on your health or other sensitive data, if any, e.g. because such data serve the purpose of documenting your legal capacity;
- in specific cases also data arising from your legal relationships with third parties such as, for instance, file references or loan or account numbers with credit institutions.
Furthermore, the notary processes public record information such as data from the land register, commercial register and the registers of associations.
3. For which purposes and on which legal basis will the information be processed?
The notary is an independent holder of a public office. The notary's official function is the performance of a task carried out in the public interest, thus ensuring the public interest in a proper preventive administration of justice, and in the exercise of official authority (Article 6 (1) Sent. 1e of the General Data Protection Regulation (GDPR)).
Your information is exclusively processed for the purpose of exercising the notarial activities and providing notarial services demanded by you and further persons taking part in a transaction, if any, in accordance with official duties, for instance, to draft notarial deeds, authentication and closing of documentation procedures or rendering of advisory services. Accordingly, personal data are always only processed in accordance with the ethical professional and procedural statutory rules and requirements applicable to the notary, which primarily arise from the Regulations for German Notaries (BNotO) and the German Act on Recording (BeurkG). At the same time these provisions also provide for the legal obligation to process the required data (Article 6 (1) Sent. 1c GDPR). A failure to provide the information requested by the notary from you would, thus, have the effect that the notary would have to reject any (further) performance of the official business.
4. To whom will the notary disclose Information?
The notary is subject to a statutory obligation to confidentiality. Such confidentiality obligation also applies to all employees or any other agent authorised by the notary.
The notary may only disclose your data if and to the extent the notary is obliged to do so in the individual case, e.g. due to notification duties vis-à-vis the financial administration, or to publicly recorded information such as the land registry, the commercial register and the registers of associations, the central will register, the register of lasting powers of attorney, courts such as the probate court, the mental health court or the family court, or the authorities. Within the framework of the professional and administrative supervision, the notary may also be obliged to provide information to the Chamber of Notaries or its administrative supervisory authority who, in turn, are bound by a duty of confidentiality.
Apart from that your data shall only be disclosed, if the notary is required to do so because of declarations you have made or because you have requested such disclosure.
5. Is information transmitted to third countries?
Your personal data is only transmitted to third countries on your specific request, or if and to the extent that a party involved in the deed is resident in a third country.
6. How long will your data be stored?
The notary will process and store your personal data within the framework of statutory preservation requirements.
Pursuant to Sec. 5 (4) of the Service Regulations for German Notaries (DONot) the following retention periods apply to the preservation of notarial documents:
- Roll of Deeds, Register of Inheritance Contracts, Index of Names to the Roll of Deeds and Collection of Deeds, including the inheritance contracts separately recorded (Sec. 18 (4) DONot): 100 years
- Custody Ledger, Estate Account, Index of Names to the Estate Account, List of Escrow Accounts, General Files: 30 years
- Ancillary Files: 7 years; no later than when last processing the content, the notary may determine a longer retention period in writing, for instance, in case of dispositions mortis causa or risk of recourse; such determination may also be generally set for individual types of legal transactions such as dispositions mortis causa
After expiry of the retention periods, your data data will be erased and/or the paper documents destructed, unless the notary is obliged to a longer retention pursuant to Article 6 (1) Sent. 1c GDPR due to tax and commercial law preservation and documentation obligations (set forth in the German Commercial Code, the German Penal Code, the German Money Laundering Act or the German Fiscal Code) and professional law provisions for purposes of collision check.
7. What rights do you have?
You have the right to:
- request information on whether the notary processes your personal data and, where that is the case, for what purposes information is processed and which categories of personal data the notary processes, to whom the information is transmitted, if applicable, how long the information is stored, if applicable, and to which rights you are entitled.
- have corrected any inaccuracies of personal data relating to you that have been stored here at my office. You also have the right to have me complete an incomplete data set, stored at the notary's office.
- request erasure of the personal data relating to you, insofar as there is cause for erasure provided for by law (cf. Art. 17 GDPR) and the processing of your data has not been required in order to comply with a legal duty or for any other overriding legitimate grounds within the meaning of the GDPR.
- request the notary to restrict the processing of your data to the use for e.g. the establishment of legal claims or for reasons of important public interest while the notary for instance verifies your claim for correction or objection, or, if applicable, if the notary opposes your request of erasure (cf. Art. 18 GDPR).
- object to the processing, insofar as such processing is necessary to allow the notary to carry out his/her tasks in the public interest or exercise his/her official functions, if there are legitimate grounds for the objection arising from your specific situation.
- contact the supervisory authorities to lodge a complaint under data protection law. The supervisory authority competent for the notaries domiciled in Berlin is the Berlin Commissioner for Data Protection and Freedom of Information, Friedrichstr. 219, 10969 Berlin, Phone: 030 13889-0, Fax: 030 2155050, E-mail: firstname.lastname@example.org and for the aforementioned notaries domiciled in Frankfurt am Main: The Hessian Commissioner for Data Protection and Freedom of Information, Gustav-Stresemann-Ring, 65189 Wiesbaden, Phone: 0611-1408 0, Fax: 0611-1408 611, E-mail: email@example.com.
- The complaint may be submitted to any supervisory authority, irrespective of the competence.