Further to the Privacy Statement provided by Baker McKenzie Rechtsanwaltsgesellschaft mbH von Rechtsanwälten und Steuerberatern (“Baker McKenzie“) (www.bakermckenzie.com/en/privacy), in the following, you will find information on how the notaries working at Baker McKenzie
- Dr. Thorsten Seidel, Friedrichstraße 88/Unter den Linden, 10117 Berlin
- Dr. Thomas Wernicke, Junghofstraße 9, 60315 Frankfurt/Main
process your personal data in the exercise of their official duties (e.g. notarization and custody matters) and about your rights in this context.
If you are looking for information on the processing of your personal data
- as a user of the website https://www.bakermckenzie.com,
- as a client of Baker McKenzie,
- as an applicant for a position at Baker McKenzie,
- as a business partner of Baker McKenzie
you will find such information in the Privacy and Cookies Statement of Baker McKenzie at www.bakermckenzie.com/en/privacy.
The notaries process your data in accordance with the data protection provisions of the Data Protection and Freedom of Information Act of the State of Hesse (Hessisch-es Datenschutz- und Informationsfreiheitsgesetz; “HDSIG“) (notary Dr. Wernicke) and/or the Berlin Data Protection Act (Berliner Datenschutzgesetz; “BlnDSG“) (notary Dr. Seidel), Regulation (EU) 2016/679 (General Data Protection Regulation; “GDPR“) and the German Federal Data Protection Act (Bun-desdatenschutzgesetz; “BDSG“).
Should you have any questions or requests after reading this Privacy Statement, please contact the notaries' data protection officers below:
For Dr. Thorsten Seidel and Dr. Thomas Wernicke: DSB für Notare und Ärzte GmbH, Dr. Frank Tykwer, Cäcilienhöhe 173, 45657 Recklinghausen, e-mail: info@dsb-notare-aerzte.de
1. Who is responsible for the processing of your personal data?
Responsible within the meaning of Article 4 no. 7 GDPR is the notary processing the personal data in the exercise of his official duties.
2. What type of data is processed by the notary within the scope of notarization and custody matters?
Depending on the respective matters carried out by the notaries in exercising their official duties, the following personal data will be processed:
2.1 Contact details, in particular last name, first name, address, email address, phone number,
2.2 contract and other data contained in the documents to be notarized or to be taken into escrow,
2.3 other personal data provided to the notary for the notarization, for the escrow or for performing another official duty, and
2.4 information to be included in the notarial recording relating to the identity of the parties, their statements, the relationship between the parties and, if applicable, their capacity to enter into legal transactions, which may also include information about serious illnesses and disabilities.
2.5 In general, the notary collects the data from you directly. In individual cases, the notary obtains personal data pertaining to you from third parties, in particular companies and/or public authorities or other bodies you are employed with or to which you belong and/or from another person involved in the respective matter.
3. For what purposes and on which legal grounds will your personal data be processed?
3.1 The notary processes your personal data listed under 2 .1 through 2.3 to the extent this is required for the fulfillment of the public tasks assigned to him/her by law. The legal basis for this processing is Article 6(1) point (e) GDPR in conjunction with section 3 (1) HDSIG and/or section 3 BlnDSG in conjunction with the provisions of the German Notarization Act (Beurkundungsgesetz; “BeurkG“), the Federal Code on Notaries (Bundesnotarordnung; “BNotO“) and the Professional Regulations for Notaries (Dienstordnung für Notarinnen und Notare; “DONot“) (in Berlin, implemented by the administrative decree issued on January 27, 2017 by the Senate Administration for Justice, Consumer Protection and Anti-Discrimination; in Hesse, implemented by the circular issued on February 7, 2017 by the Hesse Ministry of Justice)
3.2 The personal data listed in 2.4 are processed by the notary for purposes of fulfilling statutory obligations. The legal basis for this processing is Article 6 (1) (c) GDPR and/or, in case of sensitive data, in particular data concerning health, Article 9 (2) (g) GDPR in conjunction with sections 8-17, 22-28, 36-38 BeurkG.
4. How long will my personal data be stored?
The above-mentioned data will be stored as long as necessary for the fulfillment of the specified purposes and deleted and/or anonymized thereafter, unless the notary is subject to a retention obligation. The retention obligations of notaries have a term of up to one hundred years. The legal basis for this retention is Article 6 (1) (c) GDPR and/or, in case of sensitive data, Article 9 (2) (g) GDPR in conjunction with section 5(4) DONot.
5. Will my personal data be disclosed to third parties?
5.1 For certain technical processes, the notary uses the support of external service providers that are granted access to your personal data to provide such services. The service providers have been chosen carefully and meet high data protection and data safety standards. They are subject to strict confidentiality obligations and only process the data on behalf of the notary and according his/her instructions.
5.2 Except for the cases described in this Privacy Statement, the notary only discloses your data to third parties without your consent if he/she is obliged to do so by law or an official or judicial order.
6. What rights do I have in respect of my personal data?
6.1 If the statutory requirements are met, you have the right to request access to the personal data stored by the notary.
6.2 Should your personal data be inaccurate or incomplete, you have the right to have such personal data be rectified and/or completed, including by providing a supplementary statement.
6.3 If the statutory requirements are met, you further have the right to request the deletion of your personal data and/or the restriction of their processing, and you have the right to receive the personal data, which you have provided, in a structured, commonly used and machine-readable format. You have the right to transmit such data to another controller. To the extent technically feasible, you can also request that the notary transmits such data directly.
6.4 You can also lodge a complaint with the relevant regulator authority.