Privacy Statement

This Privacy Statement describes how our firm deals with personal data that are processed as part of our activities and services.

Our contact details
Firm name: Notariskantoor Rosenberg Polak
Address: Eisenhowerlaan 120
Postcode / Town: 2517 KM THE HAGUE
Contact: M.C.M. de Groot
Email address: info@rosenbergpolak.nl

Our services

Our firm asks you to provide your personal data for the following purposes only:

• to perform engagements for the provision of consultancy or other services;
• to meet legal duties and obligations; or
• for the purposes for which you specifically have given your consent.

Your data will not be processed for other purposes without your consent.

Personal data are requested to prepare notarial instruments or to perform other engagements.

Rules relating to personal data in notarial instruments

If our firm prepares a notarial instrument that includes your personal data, the civil law notary must comply with the statutory requirements. These affect the processing of personal data:

The civil law notary is required by law to include certain (personal) data in a notarial instrument. This means that there is a legal basis for the processing of your data.

1. The civil law notary is required by law to retain the signed notarial instrument including your personal data permanently.
2. As soon as a notarial instrument is signed by a civil law notary, it becomes an official record with evidential value. This record cannot be changed, not even if the personal data are incorrect. If changes are required, the civil law notary must draw up a new notarial instrument incorporating the change.
3. The civil law notary is required by law to verify your (personal) data with the Personal Records Database (Basisregistraties Personen or BRP), the Commercial
   Register (Handelsregister) and the Cadastre, Land Registry and Mapping Agency (Kadaster).
4. The civil law notary is also required to verify your identity. For that purpose, he or she must request you to present a valid identity document. The civil law notary is one of the few officials who is authorized to make photocopies of complete identity documents.
5. Your personal data are covered by the civil law notary’s obligation of professional secrecy. Your data are inaccessible to unauthorized persons.

Consultancy and other services

The following applies to all other processing of personal data by our firm:

1. The purposes of and the associated legal basis for the processing of name and address details, birth date, place of birth, civil status, identity document details, citizen
   service number (BSN) in connection with the retrieval, collection, consultation, use and storage of personal data for the execution and retention of notarial instruments are:
   • the execution of the notarial instrument;
   • statutory obligation under Sections 58 and 59 of the Dutch Civil Law Notaries Act (Wet op het notarisambt).
2. The purposes of and the associated legal basis for the processing of name and address details, birth date, place of birth, civil status, identity document details, citizen
   service number (BSN) in connection with the retrieval, collection, consultation, use and storage of personal data for the preparation, processing and finalizing of notarial instruments are:
   • the execution of the notarial instrument;
   • statutory obligation pursuant to the Selection List (119), Dutch Government Gazette 2005 no. 212 (Dutch Public Records Act (Archiefwet)).
3. The purposes of the processing of name and address details, birth date, place of birth, civil status, identity document details, financial information (completion
   statement/bill with respect to the file) in connection with the disclosure of personal data by transmission of drafts and case documents to third parties, with the client’s consent, which processing takes place on the basis of a legitimate interest, are:
   • informing third parties at the client’s request;
   • on the basis of the client’s consent.
4. The processing of name and address details, birth date, place of birth, civil status, identity document details, citizen service number (BSN) in connection with the
   retrieval, collection, consultation, use, storage of personal data for the provision of services not involving an authentic notarial instrument, such as consultancy
   services, private instruments and the settlement of estates, takes place on the basis of a legitimate interest, namely:
   • performance of the client’s engagement.
5. The purposes of and the associated legal basis for the processing of name and address details, birth date and place of birth in connection with the disclosure of personal data by transmission for the entry of data or instruments in registers are:
   • retrievability/accessibility;
   • pursuant to statutory obligations or, where there is no legal basis, the client’s consent.
6. The purposes of and the associated legal basis for the processing of name, birth date, place of birth, identity document details in connection with the recording and
   consultation of personal data for the notarization of signatures are:
   • confirming the authenticity of a signature upon request;
   • statutory obligation pursuant to the Selection List (123) and Section 52(2) of the Dutch Civil Law Notaries Act (Wet op het notarisambt).
7. The processing of name and contact details in connection with the collection, recording and use of data for registration in connection with customer acquisition
   activities and/or newsletters takes place on the basis of a legitimate interest:
   • marketing and acquisition;
   • on the basis of the client’s consent.
8. The processing of name, contact details, capacity of contact persons of chain partners, consultants and advisers in connection with the collection, recording and
   use of data for business contact management in the chain takes place on the basis of a legitimate interest:
   • providing information and facilitating cooperation in the chain;
   • on the basis of the client’s consent.
9. The purposes of and the associated legal basis for the processing of name and address details and bank account numbers in connection with the collection, recording and use of data for financial accounting purposes are:
   • knowledge of financial rights and obligations;
   • statutory obligation pursuant to Section 10(3) and (4) in Book 2 of the Dutch Civil Code (Burgerlijk Wetboek), Section 52 of the Dutch General State Taxes Act (Algemene wet inzake rijksbelastingen), the Selection List (122) and Section 24(6) of the Dutch Civil Law Notaries Act (Wet op het notarisambt).
10. The processing of job application letters, CVs/résumés, assessments, certificates of conduct in connection with the collection, recording and retention of job application details takes place on the basis of a legitimate interest:
    • selection of staff;
    • on the basis of the job applicant’s consent.

 

Source of personal data processed

If our firm processes personal data concerning you that you yourself did not provide to us, such processing will always be done in the context of the instructions given to us. Such data will then be obtained from one of the following sources:
– public registers, including those kept by the Cadastre, Land Registry and Mapping Agency (Kadaster) and the Chamber of Commerce (Kamer van Koophandel)
– real estate agent or other adviser in connection with a purchase agreement/contract of sale to which you are a party
– mortgage consultant or lending institution in connection with a purchase agreement/contract of sale to which you are a party
– debtor
– donor
– accountant, auditor or other adviser or consultant in connection with work undertaken with respect to your company or business
– testator/testatrix.

Transfer of your personal data

Our firm will transfer your personal data to others (third parties) only if we are obliged by law to do so or if this is absolutely necessary to perform our services. Our firm transfers personal data to the following recipients (if this is a statutory requirement or part of the services we perform):
– Registration bodies such as the Chamber of Commerce (Kamer van Koophandel), the Registrar of the Cadastre, Land Registry and Mapping Agency (Kadaster), the
District Court (rechtbank) (the matrimonial property register), the Central Register of Wills (Centraal Testamentenregister) and the Register of Lasting Powers of Attorney (Centraal Levenstestamentenregister);
– the Royal Dutch Association of Civil Law Notaries (KNB);
– the Tax and Customs Administration (Belastingdienst)
– real estate agent or other advisers, subject to your consent;
– the other party to a notarial instrument or private document to which you are also a party;
– a party that can or will be able to derive rights from your notarial instrument or private document.

Our firm will not transfer personal data to recipients outside the EU or to international organizations.

Retention of your personal data

Our firm will not store your personal data for longer than necessary for the purpose for which they are collected, for carrying out legal duties and meeting statutory obligations or performing agreements (for example with a view to prescription periods). We must observe the statutory retention periods, such as those prescribed by the Dutch Civil Law Notaries Act (Wet op het notarisambt) and the Dutch Public Records Act (Archiefwet). Notarial instruments must be retained permanently.

Your rights in respect of personal data processed by us

Pursuant to the General Data Protection Regulation, you may exercise the rights mentioned below if your personal data are processed by our firm. You can do so by submitting a request to us (preferably in writing) using the contact details provided in this Privacy Statement. Before we grant your request, we have to verify your identity on the basis of a valid identity document.

Right of access by the data subject
You may always ask us to specify what personal data are processed by our firm, the purpose of processing and for how long personal data are retained. If we cannot grant your request for legal reasons, we will assess this and inform you accordingly.

Right to rectification
If you believe that certain data have not been processed correctly, you have the right to request rectification of these data. If data in a notarial instrument are incorrect, they cannot be rectified. In that case, a new instrument will have to be prepared as a supplement to the incorrect instrument.

Right to erasure (right ‘to be forgotten’)
You have the right to request erasure of your personal data. Please note that a civil law notary is not permitted to erase your data from a notarial instrument.

Right to restriction of processing
If you want to restrict the processing of personal data by our firm (in anticipation of rectification of your personal data in response to a request from you or your objection to the processing or if you do not want data to be erased despite the processing being unlawful), you can submit a request to that effect to us.

Right to data portability
If your personal data are not being processed for a notarial instrument and you want to transfer the personal data to another service provider, you can submit a request to that effect to us.
Please note that such a transfer is not always possible as it may be incompatible with certain statutory obligations by which civil law notaries are bound.

Potential restrictions on exercising your rights under the General Data Protection Regulation

Our firm makes every effort to honour your rights under the General Data Protection Regulation. However, these rights may conflict with other statutory provisions, such as the Dutch Civil Law Notaries Act (Wet op het notarisambt). If the civil law notary is unable to grant your request for this reason, you will be informed accordingly in writing.

Complaints about the processing of your personal data by our firm

If you have any complaints about the processing of personal data by our firm, please let us know by notifying Mr M.C.M. de Groot (groot@rosenbergpolak.nl) or Mr R.P. Revoort (revoort@rosenbergpolak.nl) of your concerns. You also have the right to lodge a complaint with the supervisory authority, the Dutch Data Protection Authority (Autoriteit Persoonsgegevens). For further information please visit www.autoriteitpersoonsgegevens.nl.