This policy sets out the way in which our firm handles personal data processed by us for purposes of our notarial and other services. Personal data has the meaning assigned to personal data in the General Data Protection Regulation (GDPR) and processing has the meaning assigned to processing in the GDPR.
Our contact details
Civilence B.V.
John M. Keynesplein 11
1066 EP Amsterdam, the Netherlands
info@civilence.com
General purposes for our processing of personal data
Our firm is a firm of civil-law notaries, which will process your personal data for the following purposes:
- preparation of notarial deeds;
- performance of engagements for consultancy or other services;
- performance of statutory duties and fulfilment of statutory obligations;
- legitimate interests; and/or
- the purposes for which you have specifically granted your consent.
Your data will not be processed for any other purposes without your consent.
Rules on personal data in our notarial services
If our firm prepares a notarial deed containing your personal data, the civil-law notary must comply with the statutory rules. Such rules include a number of obligations on the processing of personal data:
- The civil-law notary is required to insert certain (personal) data in the deed.
- The civil-law notary must retain the executed deed containing your personal data indefinitely.
- Upon execution of the deed by the civil-law notary, it becomes official evidence. After that, no further changes may be made, even if the personal data are incorrect. If any changes are required, the civil-law notary must prepare a new deed containing the change.
- The civil-law notary is required to verify certain (personal) data and/or enter certain (personal) data in one or more of the following public sources (registers):
- The Persons Database (BRP);
- Verification Identification System (VIS) Royal Dutch Association of Civil-law Notaries;
- The Commercial Register;
- The Land Register;
- The Guardianship and Administration Register;
- The Successions Register;
- The Central Insolvency Register;
- The Bankruptcy Register;
- The Matrimonial Property Register; and/or
- The Custody Register.
- The civil-law notary is under the obligation to verify your identity. To that end, he must request and retain a valid identity document from you. The civil-law notary may copy your identity document with all the information in it.
- Your personal data are covered by the civil-law notary’s professional privilege. Unauthorised persons will not gain access to the data.
The purpose of the forms of processing listed above is the preparation of a notarial deed. The legal ground for the processing is a statutory obligation.
Our consultancy and other services
The processing of personal data for purposes of our further consultancy and other services is subject to the following provisions:
|
Purpose |
Legal ground |
Category of recipients |
|
Services that are not subject to an authentic deed, such as consultancy, private deeds and settlement of estates.
|
Necessary for performance of the Client’s engagement. |
Employees involved in the services, parties and their advisers, heirs, administrators and receivers in bankruptcy, statutorily designated recipients and processors contracted by us, including but not limited to our IT suppliers. |
|
Authentication of signatures. |
Necessary for performance of the Client’s engagement. |
Employees involved in the consultancy services and handling, client-designated third parties, parties and their advisers, heirs, administrators and receivers in bankruptcy, statutorily designated recipients and processors contracted by us, including but not limited to our IT suppliers. |
|
Financial accounting, invoicing, debt collection accounting. |
Necessary for performance of agreements and compliance with statutory obligations. |
Auditor, tax lawyer, debt collection agency and processors contracted by us, including but not limited to our IT suppliers. |
|
Creation of a client base for canvassing and/or newsletter purposes, other forms of direct marketing. |
Legitimate interest, client consent. |
Employees of our firm and Clients. |
|
Relationship management for contacts within the chain. |
Legitimate interest; direct marketing. |
Business chain partners and their advisers. |
Source of personal data processed
If our firm processes personal data about you that we have not obtained from you personally, such processing will take place within the context of our engagement. The sources of such data may include:
- The public registers referred to above;
- Tax lawyer, auditor, lawyer, courts, government agencies, third parties such as supervisory authorities and other agencies for purposes of compliance with statutory obligations, property agent or other adviser in connection with an agreement to which you are a party;
- Banks and financial institutions;
- External suppliers in connection with the processing of your personal data for the purposes described herein, such as ICT suppliers, communications service providers or other suppliers to which we outsource certain supporting services;
- Donor and/or testator.
Transfer of your personal data
Our firm will only transfer your personal data to third parties if under a statutory obligation to do so, if necessary for the performance of the services, or with your consent. Our firm will not transfer any personal data outside the EU or to any international organisation, save with the consent of the data subject or pursuant to a statutory obligation.
Retention of your personal data
Our firm will not retain your personal data any longer than is necessary for the purpose for which such personal data were collected, for the performance of statutory duties, and for the compliance with statutory and/or contractual obligations or the performance of agreements. Any retention is subject to retention periods set by statutory provisions, such as the Dutch Civil-Law Notaries Act [Wet op het notarisambt] and Public Records Act [Archiefwet]. Notarial deeds must be retained indefinitely.
Your rights in respect of personal data processed by us
If your personal data are processed by our firm, you may exercise the following rights pursuant to the GDPR. You can do so by submitting a request (preferably in writing) using the contact details stated herein. Before we can handle your request, we must first establish your identity based on a valid identity document.
Right of access by the data subject
You may at all times request information about what personal data our firm is processing, for what purpose it is processing such personal data, and how long such personal data will be retained.
Right to rectification
If you believe that certain data have not been processed correctly, you have the right to request rectification of such data. Where data in a notarial deed are concerned, this is not possible, and a new deed will have to be prepared in addition to the incorrect deed.
Right to erasure (‘right to be forgotten’)
If you wish your personal data to be erased, you may submit a request to that effect. If the data are included in a notarial deed, the civil-law notary will not be permitted to erase such data.
Right to object
You will at all times have the right to object to processing of one or more of your personal data, particularly if such processing is for purposes of direct marketing, including profiling related to direct marketing.
Right to restriction of processing
If you wish to restrict the processing of personal data by our firm (pending rectification of your personal data requested or an objection to processing made by you, or because you do not in fact wish your data to be erased despite the fact that the processing is unlawful), you may submit a request to that effect.
Right to data portability
If your personal data are not processed for purposes of a notarial deed, and you wish to transfer the personal data to another service provider, you may submit a request to that effect. Note that such a transfer may not always be possible, since statutory duties imposed on the civil-law notary may oppose such a transfer.
Possible restrictions in the exercise of your rights under the GDPR
Our firm will do everything it can to respect your rights under the GDPR. After verification of your identity, we will handle your request within the statutory term and test it against the conditions and exceptions of applicable laws and regulations with respect to the right or rights invoked by you, and inform you if and, if so, how we will comply with your request. Specifically, it may occur that such rights conflict with other statutory provisions, such as the Civil-Law Notaries Act, so that we may not be able to honour your request.
Withdrawal of consent
If and to the extent that the processing of your personal data relies on your consent, you will at all times have the right to withdraw your consent to such processing of your personal data.
Compulsory provision
Your provision of personal data for purposes of our consultancy and other services
is necessary for us to provide our services. You are not under any obligation to provide the personal data. If you do not provide your personal data, you cannot use our services.
Complaints about the processing of your personal data by our firm
Should you have any complaints about our firm’s processing of personal data, please do not hesitate to contact us at info@civilence.com. You may also submit a complaint to the supervisory authority, i.e. the Dutch Data Protection Authority. You will find the details on the website at www.autoriteitpersoonsgegevens.nl.
Website
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Changes
If any changes occur in our processing, this policy will be adjusted accordingly.