Privacy policy

Information on data processing

I. Name and contact details of the controller and the company data protection officer

This privacy notice applies to data processing by the following notaries:

Johannes Dokters,

Robert Nollmann,

Dr. Hans-Jörg Piehl, LL.M.,

Dr. Christian Stolze

Katja Glaß

each with its official seat in Emsdetten:

Kirchstr. 36

48282 Emsdetten

Phone: +49 2572 / 875 - 0

Fax: +49 2572 / 875 - 33

Holger Bußkamp,

Jens Glaß,

Julia Adler

each with its official seat in Münster:

Verspoel 12

48143 Münster

Phone: +49 251 / 41701 - 0

Fax: +49 251 / 41701 - 60

Martin Breinlich,

Manfred Richter,

Thomas Dillmann

each with its official seat in Rheine:

Münsterstr. 53 (Gelbe Villa)

48431 Rheine

Phone: +49 5971 / 80161 - 0

Fax: +49 5971 / 80161 - 33

(hereinafter: the notaries)

You can reach the data protection officer of the notaries as follows:

Email: rechtsanwalt@dr-tykwer.de

II. Description and scope of the collection/processing of personal data:

The notaries collect and process personal data of the clients and, if applicable, their legal representatives, authorized representatives, agents and employees during the client relationship. The data is collected from the client directly and from third parties. In particular, personal data of the following categories are collected:

• Salutation, first name, last name;
• Date of birth;
• Tax identification number;
• Email address;
• Address;
• Telephone number (landline and/or mobile);
• Extracts from publicly accessible registers (commercial register, register of associations);
• Land register excerpts;
• Transparency Register;
• Other information necessary for notarial processing and advice.

III. Purposes of data processing/legitimate interests:

The processing of these data by the notaries is carried out for the following purposes:

• for the identification of the client;
• for notarial processing and advice;
• for correspondence with the client;
• for invoicing;
• for the settlement of any liability claims that may exist;

• for the examination of a preliminary referral in accordance with § 3 BeurkG;
• to assert any claims against the client;

IV. Legal bases of data processing:

Insofar as the notaries obtain the consent of the data subject for processing operations involving personal data, Art. 6 (1) lit. a EU General Data Protection Regulation (GDPR) serves as the legal basis for the processing of personal data.

When processing personal data that is necessary for the performance of a contract to which the client is a party, Art. 6 (1) lit. b GDPR serves as the legal basis. This also applies to processing operations that are necessary for the implementation of pre-contractual measures.

Insofar as the processing of personal data is necessary for the fulfillment of a legal obligation to which the notaries are subject, Art. 6 (1) lit. c GDPR serves as the legal basis.

In the event that vital interests of the client or another natural person make it necessary to process personal data, Art. 6 (1) lit. d GDPR serves as the legal basis.

In the event that processing is necessary for the performance of a task that is in the public interest or is carried out in the exercise of official authority vested in notaries, the legal basis for data processing is Art. 6 (1) lit. e GDPR.

V. Duration of processing:

The personal data processed for the mandate by the notaries will be stored until the expiry of the statutory retention obligation for notaries (6 years after the end of the calendar year in which the mandate was terminated) and then deleted, unless the notaries are obliged to store the data for a longer period of time pursuant to Art. 6 Para. 1 S. 1 lit. c GDPR are obliged to store the data for a longer period of time due to tax, commercial or professional obligations or the client has consented to a storage beyond this period of time according to Art. 6 Para. 1 S. 1 lit. a GDPR.

VI. Disclosure of data to third parties:

The client's personal data will not be transferred to third parties for purposes other than those listed below.

Insofar as this is necessary in accordance with Art. 6 Para. 1 Sentence 1 lit. b GDPR for the processing of the mandate relationship, the client's personal data will be passed on to third parties. This includes in particular the disclosure to parties to the deed and their representatives (in particular their lawyers) as well as courts and other public authorities for the purpose of correspondence as well as for the processing of the notarial mandate. The data passed on may be used by the third party exclusively for the purposes stated.

The professional secrecy of the notaries remains unaffected. Insofar as data subject to professional secrecy is concerned, it shall only be passed on to third parties in consultation with the client.

VII. Data subject rights:

The client has the right:

• in accordance with Art. 7 (3) GDPR to revoke the consent once given to the notaries at any time. This has the consequence that the notaries may no longer continue the data processing based on this consent for the future. The revocation has no influence on the lawfulness of the data processing until the time of the revocation.

Furthermore, revocation of consent may mean that further notarial processing and advice by the notaries cannot take place and the client relationship must be terminated.

• in accordance with Art. 15 GDPR to request information about the personal data processed by the notaries. In particular, the client may request information about the processing purposes, the categories of personal data, the categories of recipients to whom the data of the client have been or will be disclosed, the planned storage period, the existence of a right to rectification, erasure, restriction of processing or objection, the existence of a right of complaint, the origin of their data, if not collected by the notaries, as well as the existence of automated decision-making, including profiling, and, if applicable, meaningful information about its details;

• in accordance with Art. 16 GDPR to demand without delay the correction of incorrect or completion of the personal data stored by the notaries;

• pursuant to Art. 17 GDPR to request the erasure of personal data stored by the notaries, unless the processing is necessary for the exercise of the right to freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the establishment, exercise or defense of legal claims;

• to request the restriction of the processing of the personal data in accordance with Art. 18 GDPR, insofar as the correctness of the data is disputed by the client,

or the processing is unlawful but erasure is refused

or the notaries no longer need the data, but the client needs the data to assert, exercise or defend legal claims

or you have objected to the processing pursuant to Art. 21 GDPR;

• pursuant to Art. 20 GDPR, to receive the personal data that the client has provided to the notaries in a structured, common and machine-readable format or to request the transfer to another controller, and

• complain to a supervisory authority in accordance with Art. 77 GDPR. As a rule, you can contact the supervisory authority of your usual place of residence or workplace or the respective official seat of the notaries.

VIII. Right of objection:

Insofar as the client's personal data are processed on the basis of legitimate interests pursuant to Art. 6 (1) sentence 1 lit. f GDPR, the client has the right to object to the processing of the personal data pursuant to Art. 21 GDPR, insofar as there are grounds for doing so that arise from the client's particular situation.

If the client wishes to exercise his right to object, an e-mail to:

rechtsanwalt@dr-tykwer.de