Data protection notary's office

Confidentiality and the protection of our clients' privacy are particularly important to our notary's office. We would like to inform you below about which personal data we process in accordance with the EU General Data Protection Regulation (GDPR). The information also tells you what rights you have with regard to your data.

1. responsibility for data processing

The controller within the meaning of the GDPR for the processing of personal data is

Person responsible

Notaries Dr. Eva Marie Schnelle and Clemens Osburg

Schumannstrasse 5
08056 Zwickau

Phone: +49 (0)375 / 213769
E-mail: info@notare-zwickau.de

Internet: www.notare-zwickau.de

The appointed data protection officer is the

GNotDS Company for notarial data protection with limited liability
Ehrensteinstraße 33, 04105 Leipzig, datenschutz@gnotds.de.

2. purpose of data processing

We process personal data when performing the tasks assigned to us by law. This data processing takes place at your request and is necessary for the appropriate processing of your request and for the fulfillment of information and application obligations.

3. categories of personal data and legal bases for their processing

Personal data processed by us is all data that relates to you personally. This includes, among other things

General personal data: Name, date and age of birth, gender, place of birth, marital status, address, nationality, e-mail address, telephone number, etc;
Identification numbers: Identity card and passport number, tax identification number, driver's license, license plate number, etc.;
Bank details: Credit institution, bank details, credit information, etc.;
Financial circumstances: Real estate ownership, other rights to land, shareholdings, insurance, income, pension information, other movable assets, etc.
The legal basis for the processing of personal data is Art. 6 para. 1 lit. c) and e) GDPR, § 3 para. 1 SächsDSDG in conjunction with the notarial professional law (in particular BNotO, BeurkG and DONot).

Art. 6 para. 1 lit. c) GDPR permits data processing if this is necessary to fulfill legal obligations of the controller. Art. 6 para. 1 lit. e) GDPR permits data processing for the performance of a task carried out in the public interest and processing in the exercise of official authority.

In addition, special categories of personal data may be processed for a proper procedure under the BeurkG, e.g. information on disabilities (visual, hearing, writing disabilities), sexual orientation and health data. The legal basis for the processing of these special categories of data is Art. 9 para. 2 lit. g) GDPR, Section 22 para. 1 no. 1 lit. d) BDSG in conjunction with §§ Sections 11, 17, 22 et seq. and 28 BeurkG.

We also collect personal data from publicly accessible sources, e.g. property data from the land registry and register data from the commercial register. We also collect data from other sources, e.g. creditors. However, this is only done at your prior request and to process your specific request or to fulfill legal obligations.

4. recipient of your data

We only transfer your personal data to third parties if this is permitted and required by law or if you have consented to this.

The main recipients of your personal data may be: the Land Registry, the Commercial Register, the Central Register of Wills, the Central Register of Retirement Savings, the Tax Office, the State Notary's Office, the relevant chamber of notaries, the supervisory authority, other notaries, credit institutions and other private third parties. The transfer to private third parties only takes place to fulfill your specific request and only at your instigation. The data will only be transmitted to the Landesotarkasse for the purpose of checking costs. Information on the processing of this data can be found at www.laendernotarkasse.de in the privacy policy "Examination of costs and duties".

Data is also transferred to other authorized recipients. These include, in particular, service providers used by us if they are commissioned as processors in accordance with Art. 28 GDPR. Processors in this sense are, for example, the IT system administrator, the notary software provider and the financial accounting department.

5. storage of your data

We store your data in accordance with the statutory retention periods. The retention periods are primarily based on the DONot and the AO and depend on the purpose of processing. For example, the retention period for accounting documents is ten years from receipt or dispatch of the correspondence and entry in the financial accounts (Section 257 HGB in conjunction with Section 147 AO) or 100 years in the case of a note on dispositions on account of death in accordance with Section 20 (1) DONot.

6. your rights

You have the following rights vis-à-vis us with regard to your personal data:

  • Information about personal data concerning you (Art. 15 GDPR);
  • Correction of incorrect personal data concerning you (Art. 16 GDPR);
  • Deletion of personal data (Art. 17 GDPR);
  • Restriction of the processing of personal data (Art. 18 GDPR);
  • Objection to the processing of personal data (Art. 21 GDPR).

The above rights only apply insofar as they do not conflict with the notarial confidentiality obligation pursuant to Section 18 BNotO. Your data is processed on the basis of statutory regulations. We only require your consent in exceptional cases. In these cases, you also have the right to withdraw your consent for future processing (Art. 7 para. 3 GDPR). The previous lawfulness of the processing is not affected by this withdrawal.

You also have the right to contact a data protection supervisory authority if you believe that your personal data is being processed unlawfully. The address of the supervisory authority responsible for us is: Sächsischer Datenschutzbeauftragter, Postfach 11 01 32, 01330 Dresden.

If you have any questions about the processing of your data, please do not hesitate to contact us.