version 23 January 2019
This statement provides information on how our office handles personal data processed in the context of our activities and services.
Our office only requests your personal data for the following purposes only:
- to perform advisory engagements or other services;
- to fulfil statutory tasks and obligations; or
- for the purposes for which you have specifically granted permission.
Your personal data will not be processed for any other purposes without your permission.
Personal data is requested for the purpose of drawing up a notarial deed or for performing another engagement.
Personal data in notarial deeds
If our office draws up a notarial deed using your personal data, the civil-law notary is obliged to comply with the statutory regulations governing the processing of personal data:
- The civil-law notary must include certain mandatory data, personal or otherwise, in the deed. Your personal data is therefore processed on a legal basis.
- The civil-law notary is obliged to retain the signed deed containing your personal data in perpetuity.
- As soon as the civil-law notary signs the deed, it becomes an official document. This means that no further changes may be made to it, even if the personal data is incorrect. If changes need to be made, the civil-law notary must draw up a new deed in which the change is incorporated..
- The civil-law notary must perform a mandatory check of certain data, personal or otherwise, in the Persons Databases (Basisregistratie Personen - BRP), the Commercial Register and the Land Registry.
- The civil-law notary must perform a mandatory check of your identity and therefore request you to present a valid identity document. The civil-law notary is one of the few people authorised to copy identity documents including all the data contained therein.
- Your personal data is subject to the civil-law notary’s obligation of professional secrecy by which the civil-law notary is bound. Unauthorised persons have no access to your data.
Advisory and other services
Any other processing of personal data by our office includes the processing of personal data required for the provision of services that we have agreed with you, such as the dispatch of documents and invoices for the work we have carried out. The provision of your personal data for this service requires your prior approval. The kind of data we need depends on the service agreed upon. This personal data may be: your name and address details, your gender, your citizen service number (Burgerservicenummer - BSN) and other data on your identity document, your date of birth and place of birth, your civil status, the personal data of your relatives and family members. This may sometimes also include the legal obligation for you to provide proof of identity and to check your data, for instance when authenticating your signature.
Source of processed personal data
If our office processes your personal data relating to you, which we have not received from you, this will always take place within the context of the work we have been instructed to carry out for you. We may acquire this data from any of the following sources:
- Public registers, including the Land Registry;
- Estate agent or other adviser in connection with a purchase agreement to which you are one of the parties;
- Accountant or other consultant in connection with the work to which you are one of the parties;
- Mortgage consultant and/or mortgagee;
- Persons Databases (BRP)
Forwarding of personal data
Our office will forward your personal data to others (third parties) only if we are required to do so by law or necessary to carry out the activities.
Our office forwards, if required by law, and depending on the kind of deed we have drawn up, personal data to the following recipients: The Land Registry, the Central Register of Wills (Centraal Testamentenregister - CTR), the Tax and Customs Administration (Belastingdienst), the Chamber of Commerce and other registrars. In order to provide our services, we work together with software suppliers. These software suppliers are obliged to comply with privacy legislation and have concluded a data processing agreement with our office for this purpose.
Documents containing your personal data are only forwarded to third parties with your permission. These third parties include the Central Register of Living Wills (CLTR), your estate agent, your financial and/or mortgage consultant or your accountant.
Our office does not forward your personal data to non-EU nor to international organisations.
Retaining your personal data
Our office will not retain your personal data any longer than necessary for the purpose it has been collected: for the performance of agreements (for example, due to limitation periods), for the execution of statutory duties and the compliance with statutory obligations. Retention periods, such as contained in the Notaries Act (Wet op het Notarisambt) and Public Records Act (Archiefwet), apply. There may also be a legitimate interest for our office to retain your data for a longer period. Notarial deeds are retained in perpetuity.
Protection of your personal data
The protection of your personal data is a key priority for our office and we take appropriate measures to prevent misuse, loss, unauthorised access, undesired disclosure and unauthorised change. Please contact us if you believe that your data is not adequately protected or there are indications of misuse.
Your rights relating to the personal data we process
If your personal data is processed by our office, you may exercise the rights included in the General Data Protection Regulation.
To exercise these rights, you must send a registered letter to the data protection officer stated in this privacy statement. Before granting your request, we will first have to verify your identity on the basis of a valid identity document.
Right of inspection by the data subject
You are at all times entitled to ask us which of your personal data we process, for what purpose it is used and how long the data will be retained. There may be a legal basis that we cannot comply with your request. We will assess this and inform you accordingly.
Right to rectification
If you believe that certain data has been incorrectly processed, you are entitled to request rectification of this data. If it concerns data in an executed notarial deed, this will not be possible. A new notarial deed will need to be drawn up in addition to the incorrect deed.
Right to data erasure (right to be ‘forgotten’)
If you wish to have your personal data erased, you may submit a request to that effect. If the data is used in a notarial deed, the civil-law notary is not permitted to erase the data.
Right to restricted processing
If you wish to restrict the processing by our office (pending rectification of your personal data at your request, an objection you have filed against processing or if you specifically do not wish to have data erased even though the processing of the data is unlawful), you may submit a request to that effect.
Right to data portability
If your personal data is not processed for the purpose of a notarial deed and you wish to transfer the personal data to another service provider, you may submit a request to that effect. Such a transfer may, however, not always be possible due to incompatibility with statutory notarial duties.
Right to objection
If we use your personal data for direct marketing purposes, you have the right to raise an objection to this processing.
Contact person for data protection
If you have any questions about your personal data or your right regarding the processing of your personal data, please contact:
Ellen Pankhurststraat 1
5032 MD Tilburg
Possible restrictions when exercising your rights on the basis of the General Data Protection Regulation
Our office will make every effort to fulfil your rights under the General Data Protection Regulation. However, in some cases these rights may conflict with other statutory provisions, for instance with those of the (Dutch) Notaries Act. If, for this reason, our office is unable to comply with any of these requests, you will be notified accordingly in writing.
Complaints about the processing of your personal data by our office
If you have any complaints about the processing of your personal data by our office, please let us know by contacting firstname.lastname@example.org. You also have the right to file a complaint with the supervisor. He or she can be contacted via the website www.autoriteitpersoonsgegevens.nl.
Daamen de Kort van Tuijl Notarissen B.V. </ br>
Our contact details:
Commercial Register no: 73700584