White paper with pen in meeting room.

Privacy notices for clients

1. Who is responsible, who can you contact?

Manuel Busch, based in Cologne, is responsible for the processing of your personal data. The aforementioned official is solely responsible within the meaning of the data protection regulations. You can contact me or my data protection officer for any data protection queries as follows:

Notary Manuel Busch
Richard-Wagner-Strasse 1-3
50859 Cologne
Telephone: +49 2234 946780
Fax: +49 2234 49139
E-mail: info@notar-busch.de

Data Protection Officer
Mr. Dipl.-Inform. Olaf Tenti
GDI Society for data protection and information security mbH
Fleyerstrasse 61
58097 Hagen
Telephone: +49(0)2331 / 356832-0
Fax: 02841 9056 90
E-mail: datenschutz@gdi-mbh.eu

2. What data do we process and where does the data come from?

We process personal data that we receive from you or from third parties commissioned by you (e.g. lawyer, tax consultant, broker, bank), such as B.

  • Personal data, e.g. B. first and last name, date and place of birth, nationality, marital status; in individual cases, your birth registration number;
  • Contact details such as E.g. postal address, telephone and fax numbers, e-mail address;
  • in the case of real estate contracts, your tax identification number;
  • in certain cases, e.g. B. in the case of marriage contracts, wills, inheritance contracts or adoptions, also data on your family situation and your assets and, if necessary, information on your health or other sensitive data, e.g. B. because they serve to document your legal capacity;
  • in certain cases also data from your legal relationships with third parties, e.g. B. file number or loan or account numbers at banks.

We also process data from public registers, e.g. B. Land register, trade and association registers.

3. For what purposes and on what legal basis are the data processed?

As notaries, we hold a public office. Our official work is carried out in the performance of a task that is in the interest of the general public in orderly, preventive administration of justice and thus in the public interest, and in the exercise of official authority (Art. 6 Para. 1 S. 1 Letter e of the General Data Protection Regulation (GDPR). )).
Your data will only be processed in order to carry out the notarial activity requested by you and any other persons involved in a transaction in accordance with our official duties, i.e. for the preparation of draft deeds, for certification and execution of deed transactions or for the provision of advice. The processing of personal data is therefore always based on the professional and procedural regulations that apply to us, which essentially result from the Federal Notarial Code and the Notarization Act. At the same time, these provisions also result in the legal obligation for us to process the necessary data (Art. 6 Para. 1 S. 1 Letter c DS-GVO). Failure to provide the data we have requested from you would mean that we would have to refuse to (further) carry out official business.

4. Who do I pass on data to?

As a notary, I am subject to a legal duty of confidentiality. This duty of confidentiality also applies to all of my employees and other persons appointed by me.

I may therefore only pass on your data if and to the extent that I am obliged to do so in individual cases, e.g. due to notification obligations to the tax authorities, or to public registers such as the land registry, commercial or association register, central will register, pension register, courts such as probate, guardianship or family courts or authorities. As part of professional and official supervision, I may also be obliged to provide information to the notary chamber or my supervisory authority, which in turn are subject to an official duty of confidentiality. Possible data recipients as processors are our external IT system administrator, notary software provider, web host and NotarNet GmbH.

Otherwise, your data will only be passed on if I am obliged to do so based on statements you have made or if you have requested that the data be passed on.

5. Is data transferred to third countries?

Your personal data will only be transferred to third countries at your special request or if and to the extent that a party to the document is resident in a third country.

6. How long will your data be stored?

I process and store your personal data within the scope of my legal retention obligations.

According to Section 50 Paragraph 1 of the Ordinance on the Keeping of Notarial Files and Registers (NotAktVV), the following retention periods apply to the storage of notarial documents:

  • List of documents, electronic document collection, inheritance contract collection and special collection: 100 years,
  • Paper-bound collection of documents, deposit register and general files: 30 years,
  • Collective files for bills of exchange and cheque protests and ancillary files: 7 years; the notary can specify a longer retention period in writing at the latest when the ancillary files are last processed, e.g. in the case of dispositions mortis causa or in the event of a risk of recourse; the determination can also be made generally for individual types of legal transactions, such as dispositions mortis causa.

After expiry of the storage periods, your data will be deleted or the paper documents will be destroyed, unless I am obliged to store them for a longer period in accordance with Article 6 Paragraph 1 Clause 1 Letter c of the GDPR due to retention and documentation obligations under tax and commercial law (from the Commercial Code, the Criminal Code, the Money Laundering Act or the Tax Code) as well as professional regulations for the purpose of collision checking.

7. What rights do you have?

You have the right:

  • Request information as to whether we process personal data about you, if so, for what purposes we process the data and what categories of personal data we process, to whom the data may have been forwarded, how long the data should be stored, if applicable, and what rights you are entitled to.
  • to have inaccurate personal data concerning you that is stored by us corrected. You also have the right to have an incomplete data set stored by us completed by us.
  • To request the deletion of your personal data if there is a statutory reason for deletion (see Art. 17 DS-GVO) and the processing of your data is not required to fulfill a legal obligation or for other overriding reasons within the meaning of the DS-GVO is.
  • to demand from us that we only process your data to a limited extent, e.g. B. to assert legal claims or for reasons of important public interest, while we are examining your right to correction or objection, for example, or if we reject your right to erasure (see Art. 18 DS-GVO).
  • to object to the processing if this is necessary for us to be able to carry out our tasks in the public interest or to exercise our public office if there are reasons for the objection which arise from your particular situation.
  • to contact the supervisory authorities with a data protection complaint. The supervisory authority responsible for us is: The State Commissioner for Data Protection and Information Security NRW, Postfach 200444, 40102 Düsseldorf, Telephone: 0211/384240, Fax: 0211/3842410; Email: poststelle@ldi.nrw.de. The complaint can be lodged with any supervisory authority, regardless of jurisdiction.