Data protection

1. who is responsible, who can you contact?

 

The person responsible for processing your personal data is me, notary Dr. Marco Berger, based in Titisee-Neustadt. You can contact me or my data protection officer for all data protection inquiries as follows:

 

Person responsible

Notary Dr. Marco Berger

Franz-Schubert-Weg 3

79822 Titisee-Neustadt

Germany

 

Phone: 07651/97033-0

E-Mail: info@notarberger.de

Website: notarberger.de

 

Data Protection Officer

Notary Dr. Marco Berger

For the attention of the Data Protection Officer

Franz-Schubert-Weg 3

79822 Titisee-Neustadt

Germany

 

Phone: 07651/97033-0

E-Mail: datenschutz@notarberger.de

Website: notarberger.de

 

2. what data do I process and where does the data come from?

 

I process personal data that I receive from you or from third parties commissioned by you (e.g. lawyer, tax consultant, estate agent, credit institution), e.g:

 

  • Personal data, e.g. first name and surname, date and place of birth, nationality, marital status; in individual cases your birth register number;
  • Contact data, 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, inheritance contracts or adoptions, also data on your family situation and your assets and, if applicable, information on your health or other sensitive data, e.g. because this serves to document your legal capacity;
  • in certain cases also data from your legal relationships with third parties, such as file numbers or loan or account numbers at credit institutions.

 

I also process data from public registers, e.g. land registers, commercial registers and registers of associations.

 

3. for what purposes and on what legal basis is the data processed?

 

As a notary, I am the holder of a public office. My official duties are carried out in the performance of a task which is in the public interest in the orderly and preventive 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 General Data Protection Regulation (GDPR)).

Your data will be processed exclusively in order to carry out the notarial activity requested by you and any other persons involved in a transaction in accordance with my official duties, i.e. for the preparation of draft deeds, for the notarization and execution of deed transactions or for the provision of advice. The processing of personal data is therefore only ever carried out on the basis of the professional and procedural provisions applicable to me, which are essentially derived from the Federal Notarial Code and the Notarization Act. These provisions also give rise to the legal obligation for me to process the required data (Art. 6 para. 1 sentence 1 letter c GDPR). Failure to provide the data requested from you would therefore mean that I would have to refuse to (further) carry out the official transaction.

 

4. to whom do I pass on data?

 

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

I may therefore only pass on your data if and insofar as 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 register, commercial register or register of associations, central register of wills, register of precautionary measures, courts such as probate, care or family courts or authorities. In the context of professional and official supervision, I may also be obliged to provide information to the Chamber of Notaries or my 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 on the basis of declarations made by you or if you have requested the transfer.

 

5. is data transferred to third countries?

 

Your personal data will only be transferred to third countries at your special request or if and insofar as a party to the deed is domiciled in a third country.

 

6 How long will your data be stored?

 

Personal data will be deleted when it is no longer required for the purposes described in this declaration, unless statutory provisions require longer storage.

 

7 What rights do you have?

 

You have the right:

 

  • to request information about whether I process personal data about you, 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 what rights you are entitled to.
  • to have inaccurate personal data concerning you that is stored by me corrected. You also have the right to have an incomplete data record stored by me completed.
  • to demand the deletion of personal data concerning you, provided that there is a legal reason for deletion (see Art. 17 GDPR) and the processing of your data is not required to fulfill a legal obligation or for other overriding reasons within the meaning of the GDPR.
  • to demand that I only process your data to a limited extent, e.g. to assert legal claims or for reasons of important public interest, while I check your right to rectification or objection, for example, or if I reject your right to erasure (see Art. 18 GDPR).
  • To object to processing where it is necessary for the performance of a task carried out in the public interest or for the exercise of official authority vested in me, where there are grounds for the objection relating to your particular situation.
  • to contact the supervisory authorities with a data protection complaint. The supervisory authority responsible for me is the Landesbeauftragter für Datenschutz und Informationsfreiheit Baden-Württemberg, Postfach 10 29 32 70025 Stuttgart, Telefon: 0711/615541-0, Telefax: 0711/615541-15, E-Mail: poststelle@lfdi.bwl.de. The complaint can be lodged with any supervisory authority, regardless of jurisdiction.