Information on data protection
Who is responsible, to whom can you turn?We, Notary Dr. Florian Braunfels and Notary Dr. Rainer Oppermann, are responsible for processing your personal data. Each of the aforementioned notaries is solely responsible for the respective area for which he is responsible in the sense of the data protection regulations. For all data protection enquiries, you can contact the responsible notary or our data protection officer as follows:
| responsible persons | data protection officer | |
| address | Notaries Dr. Florian Braunfels and Dr. Rainer Oppermann Königsallee 31 40212 Düsseldorf, Germany |
Notaries Braunfels Oppermann z.H. of the Data Protection Officer Königsallee 31 40212 Düsseldorf, Germany |
| phone | +49 211 130070 | +49 211 130070 |
| fax | +49 211 131020 | +49 211 131020 |
| welcome@notarixx.de | datenschutzbeauftragter@notarixx.de |
Which data do I process and where do the data come from?
I process personal data that I receive from you or from third parties commissioned by you (e.g. lawyers, tax consultants, brokers, credit institutions), such as
- Personal data, e.g. first name and surname, date and place of birth, nationality, marital status; in individual cases your birth registration number;
- Contact details, such as postal address, telephone and fax numbers, e-mail address;
- Your tax identification number for real estate contracts;
- In certain cases, e.g. marriage contracts, wills, contracts of inheritance or adoptions, information about your family situation and assets, as well as information about your health or other sensitive information, e.g. to document your legal capacity;
- In certain cases also data from your legal relations with third parties such as file numbers or loan or account numbers with credit institutions.
In addition, I process data from public registers, e.g. land registers, commercial and association registers.
What are the purposes and legal basis for processing the data?
As a notary, I am a public official. My official activity is carried out in the exercise of a task which is in the public interest in the proper administration of justice and thus in the public interest, and in the exercise of official authority (Art. 6 para. 1 sentence 1 letter e of the Data Protection Basic Regulation (DS-GVO)).
Your data will only be processed in order to carry out the notarial work requested by you and any other persons involved in a transaction in accordance with my official duties, i.e. for the preparation of drafts of documents, for notarisation and the execution of documentary transactions or for the provision of advice. The processing of personal data is therefore only carried out in accordance with the professional and procedural regulations applicable to me, which essentially result from the Federal Notary Code and the Notarisation Act. These provisions also impose a legal obligation on me to process the necessary data (Art. 6 para. 1 sentence. 1 letter c DS-GVO). Failure to provide the data I have requested from you would therefore mean that I would have to refuse (further) performance of my official duties.
To whom do I forward data?
As a notary, I am subject to a legal obligation of secrecy. This obligation of secrecy also applies to all 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 an individual case, e.g. due to notification obligations to the tax authorities, or to public registers such as the land registry, commercial register or register of associations, central register of wills, precautionary register, courts such as probate, guardianship or family court or authorities. Within the framework of professional and service supervision, I may also be obliged to provide information to the Chamber of Notaries or my service supervisory authority, which in turn are subject to an official duty of confidentiality.
Otherwise, your data will only be passed on if I am obliged to do so due to declarations made by you or if you have requested the passing on.
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.
How long is your data stored?
I process and store your personal data within the scope of my legal storage obligations.
According to § 5 para. 4 Dienstordnung für Notarinnen und Notare (DONot), the following storage periods
apply to the storage of notarial documents:
- Deed roll, list of inheritance contracts, list of names for the deed roll and collection of deeds, including the separately kept inheritance contracts (§ 18 para. 4 DONot): 100 years,
- Depository book, mass book, list of names to the mass book, list of escrow accounts, general files: 30 years,
- Secondary files: 7 years; the notary can specify a longer retention period in writing at the latest during the last processing of the content, e.g. in the case of dispositions due to death or in the case of the risk of recourse; the provision can also be made generally for individual types of legal transaction, e.g. for dispositions due to death.
After expiry of the storage periods, your data will be deleted or the paper documents destroyed unless I am obliged to store them for a longer period of time in accordance with Article 6 para. 1 sentence 1 letter c DS-GVO due to tax and commercial law storage and documentation obligations (from the Commercial Code, Criminal Code, Money Laundering Act or the Tax Code) as well as professional regulations for the purpose of collision checking.
What rights do you have?
You have the right:
- To request information on whether I process personal data about you, and, if so, for what purposes I process the data and which categories of personal data I process, to whom the data may have been forwarded, how long the data may be stored and which rights you have.
- To correct any inaccurate personal data concerning you that is stored by me. You also have the right to have me supplement an incomplete data record stored by me.
- To request deletion of the personal data concerning you, if there is a legally provided reason for deletion (cf. Art. 17 DS-GVO) and the processing of your data is not required for the fulfilment of a legal obligation or for other priority reasons in the sense of the DS-GVO.
- Require me to process your data only to a limited extent, e.g. to assert legal claims or for reasons of an important public interest, while, for example, I examine your claim for correction or objection, or if I reject your claim for deletion (cf. Art. 18 DS-GVO).
- To object to the processing if it is necessary to enable me to carry out my duties in the public interest or to exercise my public office if there are grounds for objection arising from your particular situation.
- To address a data protection complaint to the supervisory authorities. The supervisory authority responsible for me is the Landesbeauftragte für Datenschutz und Informationsfreiheit Nordrhein-Westfalen [State Commissioner for Data Protection and Freedom of Information of North Rhine-Westphalia], Postfach 20 04 44, 40102 Düsseldorf, Germany, telephone: 0211/38424-0, fax: 0211/38424-10, e-mail: poststelle@ldi.nrw.de
The complaint may be lodged with any supervisory authority, irrespective of its competence.