Privacy Notice, Notaries

Further to the data privacy information available from Gleiss Lutz Hootz Hirsch PartmbB Rechtsanwälte, Steuerberater ("Gleiss Lutz") (www.gleisslutz.com/en/data-protection-statement), you will find information below as to how Gleiss Lutz’s notaries

  • Christian Steinke,
  • Dr. Lennart Schramm and
  • Dr. Jonas Rybarz

all Gleiss Lutz, Washingtonplatz 3, 10557 Berlin

process personal data in the course of the performance of their official duties as notaries (e.g. notarisation and escrow matters) and what your rights are in this context.

If you are looking for information about the processing of your personal data

  • as a user of www.gleisslutz.com,
  • as a client of Gleiss Lutz,
  • as an applicant for a position at Gleiss Lutz,
  • as a business partner of Gleiss Lutz,

you will find the relevant information in the data privacy statement to be found at www.gleisslutz.com/en/privacy-notice.

Our notaries process your data in accordance with the data protection provisions of the Berlin Data Protection Act, Regulation (EU) 2016/679 (General Data Protection Regulation – “GDPR”) and the German Federal Data Protection Act (“Federal Data Protection Act”).

Should you have any questions or concerns you wish to raise after having read this data protection information, please contact our data protection officer for notarial matters at datenschutz@gleisslutz.com.

1. Who is responsible for the processing of your personal data?

Responsibility within the meaning of Article 4(7) GDPR rests with the notary who processes your data in the course of the performance of his official duties.

2. What data is processed in the context of notarial and escrow matters?

Depending on the subject matter of the official duties being carried out by the notary, the following personal data will be processed:

  • contact information, in particular family name, first name, address, e-mail address, telephone number,
  • contract details and other information contained in the documents being notarised or escrowed,
  • other personal data that is provided to the notary for the purposes of the notarisation, escrow or some other kind of official business, and
  • information set out in the notarial deed regarding the identity of the parties, their statements, the relationship between the parties and, possibly, their business, which may also include information about serious illnesses and disabilities.

As a rule, the notary will obtain this information directly from you. In some cases the notary will receive personal data of yours from a third party, especially from the company, public authority or other organisation you work for/belong to, or from one of the other parties involved in the matter in question.

3. What purposes will your personal data be processed for and on what legal basis?

  1. The notary will process the personal data referred to in points 2.1-2.3 to the extent necessary for him to perform the official tasks entrusted to him by the law. The legal basis for this processing is Article 6(1)(e) GDPR in conjunction with section 3(1) Data Protection and Freedom of Information Act of the State of Hesse/section 3 Berlin Data Protection Act in conjunction with the German Notarisation Act (“Beurkundungsgesetz”), the Federal Notarial Code (“Bundesnotarordnung”) and the Regulations for Notaries (“Dienstordnung für Notarinnen und Notare”) (implemented in Berlin on the basis of the administrative ruling issued on 27 January 2017 by the Senate Administration for Justice, Consumer Protection and Anti-Discrimination.
  2. The personal data referred to in point 2.4 will be processed by the notary for the purposes of performing his statutory obligations. The legal basis for this processing is Article 6(1)(c) GDPR or, in the case of sensitive, especially health-related data, Article 9(1)(g) GDPR in conjunction with sections 8-17, 22-28, 36-38 German Notarisation Act.

4. How long will my personal data be stored for?

The aforementioned data will be stored for as long as is necessary to perform the obligations in question; after that it will be deleted or anonymised unless the notary is under obligation to preserve it. The preservation of data rules applicable to notaries provide for data to be preserved for up to one hundred years. The legal basis for this preservation of data is Article 6(1)(c) GDPR or, in the case of sensitive data, Article 9(1)(g) GDPR in conjunction with section 5(4) German Notarisation Act.

5. Will my personal data be passed on to third parties?

  1. For certain data processing processes the notary will use the services of external service providers, who will be granted access to your personal data in order to perform said services. These service providers are carefully selected and meet high data protection and security standards. They are obligated to maintain strict confidentiality and process data only on behalf of and on the instructions of the notary.
  2. Other than in the cases outlined in this data protection statement, the notary will only pass your data on to third parties without your explicit consent if he is required to do so by law or by administrative or judicial directive.

6. What rights do I have in relation to my personal data?

  1. Subject to the legal requirements, you have the right to require information from the notary as to the personal data stored on you.
  2. Should personal data of yours be incorrect or incomplete, you have the right to require that it be corrected/completed – also in the form of a supplementary declaration.
  3. Subject to the legal requirements, you also have the right to require that your personal data be deleted or that the processing of your personal data be restricted, and also to require that you be sent the data you provided in a structured, customary and machine-readable form. You have the right to transmit this data to a different data controller. Where technically feasible, you may also require the notary to transmit this data directly.
  4. If you have any complaints, you may also seek assistance from the relevant regulatory authority.