DATA PROTECTION
- Name and contact details of the processing controller and the company Data protection officer
This data protection information applies to data processing by:
Controller: STELTER Anwaltssozietät,
Budapester Straße 31, 10787 Berlin, Germany
Email: mail@stelter-berlin.de
Phone: +49 (0)30 – 306 92 4–0
Fax: +49 (0)30 – 302 73 74
Data controller for all notarial services is the respective partner of STELTER Law Firm rendering the notarial services.
The STELTER Law Firm company data protection officer can be reached at the above indicated address or at datenschutzbeauftragter@stelter-berlin.de.
- Processing, e.g. collection and storage of personal data, as well as type and purpose of their use
2.1 When you visit our website
When you open our website www.stelter-berlin.de, information is automatically sent to our website’s server by the browser used on your terminal. This information is stored temporarily, in a log file. The following information is recorded automatically and retained until automatically erased.
- IP address of the requesting computer,
- Date and time of access,
- Name and URL of the retrieved file,
• Website from which our website was accessed (referrer URL),
• Browser used and, if applicable, your computer’s operating system and
the name of your access provider.
We process these data for the following purposes:
• To ensure that a smooth connection to the website is established,
• To ensure that our website is user-friendly,
• For analysing system security and stability
• For other administrative purposes.
The legal basis for data processing is point (f) of the first sentence of Article 6(1) GDPR. Our legitimate interest arises from the data collection purposes listed above. We will never use the collected data for the purpose of attributing data to you personally.
2.2 For inquiries and mandates
If you contact or mandate us, we collect the following information:
Title, first name, and last name
A valid email address
A postal address
Phone number (landline and mobile)
Date and place of birth
Nationality
Marital status
ID data
Tax ID
Account data
And other information that is necessary for the assertion and defence of your rights in the framework of the mandate.
This data is collected:
To enable you to be identified as our client
To be able to appropriately advise and represent you as counsel
To transact and handle notarial processes
For correspondence with you
For invoicing
For processing any liability claims as well as the assertion of any claims against you
The data is processed based on your request, and so processing is necessary for the stated purposes in accordance with point b) of the second sentence of Article 6(1) GDPR: Reasonable processing of the mandate and for the mutual fulfilment of obligations arising from the mandate contract.
The personal data we collect for the mandating process will be stored until the expiry of the statutory retention period – for lawyers, generally six years after the end of the calendar year in which the mandate was terminated; and for notaries, seven years after the end of the calendar year in which the mandate was terminated – and then erased, unless point c) of the first sentence of Article 6(1) GDPR requires us to uphold a longer storage period due to tax and commercial law retention and documentation obligations (arising from the German Commercial Code, the German Criminal Code, or the German Revenue Code), or you have consented to storage going beyond this in accordance with point a) of the first sentence of Article 6(1) GDPR.
Notaries function as public bodies of state, and are subject to various legal obligations (such as those arising from Federal Notary Regulation and the official regulations for notaries) as well as specifications and supervisory law (such as the district court or Supreme Court, the Federal Chamber of German Civil Law Notaries, and the Berlin Notary Chamber). Data are therefore collected in accordance with points c) and e) of the first sentence of Article (6) (1) GDPR.
Notaries process your data in order to fulfil their responsibilities as a public body, and in the context of preventing fraud and money laundering. In the course of our notarial activity, it is essential for us to check identity and age.
To the extent that you have issued us with consent for the processing of personal data for certain purposes, such processing is considered legal based on your consent. Once issued, consent can be withdrawn at any time. This also applies in particular for the revocation of declarations of consent that were issued to us before the EU General Data Protection Regulation came into effect, i.e. before May 5, 2018. Please note that revocation is not affected by this.
- Disclosure of data
We do not transfer your personal data to third parties for any purposes other than those listed below.
We only forward your personal data to third parties if:
You have given your consent thereto, pursuant to point (a) of the first sentence of Article 6(1) GDPR,
Disclosure is required pursuant to point (f) of the first sentence of Article 6(1) GDPR for the establishment, exercise or defence of legal claims, and if no grounds exist to assume that you have an overriding compelling interest in the non-disclosure of your data.
It is lawful, and required pursuant to point (b) of the first sentence of Article 6(1) GDPR for performance of a contract concluded with you, and
in the event that a legal obligation exists pursuant to point © of the first sentence of Article 6(1) GDPR
If a commissioned data processor (such as a translation company) is required, it will be ensured by means of separate contracts (referred to as commissioned data processing contracts) that your data are subject to the same level of protection with the data processor as they are with us.
Attorney-client privilege and the notarial duty of confidentiality shall remain unaffected. Insofar as data are involved which are subject to attorney-client privilege or the notarial duty of confidentiality, they will only be passed on to third parties in consultation with you.
- Rights of data subjects
You have the right:
To demand access to your personal data which we have processed, pursuant to Article 15 GDPR. In particular, you can demand information relating to the purposes of processing, the personal data category, the recipient categories to which your data are or have been disclosed, the planned retention period, the existence of the right to rectification, erasure, restriction of processing or right to object, the existence of the right to lodge a complaint, the source of the data insofar as we have not collected these data, and concerning the existence of automated decision-making including profiling and, if required, meaningful information regarding the details thereof;
to demand the rectification where inaccurate, or the completion of your personal data which we have retained, without undue delay pursuant to Article 16 GDPR;
pursuant to Article 17 GDPR to demand erasure of your personal data which we have retained, insofar as the processing is not required to exercise the right to freedom of expression and information, for performance of a legal obligation, on grounds of legitimate public interest, or for the establishment, exercise or defence of legal claims;
to restrict processing of your personal data pursuant to Article 18 GDPR, insofar as you contest the accuracy of the data, the processing is unlawful but you oppose the erasure thereof, and we no longer need the data but you require them for the establishment, exercise or defence of legal claims, or you have objected to processing pursuant to Article 21 GDPR;
to receive your personal data which you have provided to us, in a structured, commonly used and machine-readable format, or to demand that those data are transmitted to another controller pursuant to Article 20 GDPR;
to withdraw your given consent at any time pursuant to Article 7(3) GDPR. This means that we must stop processing the data to which this consent refers with immediate effect, and
to lodge a complaint to the supervisory authority pursuant to Article 77 GDPR. To do this you can usually contact the supervisory authority for your habitual place of residence or employment, or our law firm.
- Security
STELTER Law Firm makes every effort to take all reasonable and necessary technical and organizational measures to secure your personal data against loss and unauthorized access, distribution and alteration.
If you communicate with us via email, please note that we cannot guarantee complete data security and non-disclosure of the transferred information. We therefore recommend that you always send confidential information by post.
Our website www.stelter-berlin.de contains links to other websites. We have no influence over whether the data protection provisions of their operators have been met.
- Right to object
Insofar as your personal data are processed on the basis of legitimate interests pursuant to point (f) of the first sentence of Article 6(1) GDPR, you shall have the right to object to the processing of your personal data pursuant to Article 21 GDPR, insofar as there are grounds arising from your specific situation, or if the objection addresses direct advertising. In the latter case, you have a general right to object which we implement without the need for details regarding your specific situation.
If you want to make use of your right to withdraw or object, simply send an email to: datenschutzbeauftragter@stelter-berlin.de
- Validity and amendments to this data protection statement
This data protection statement is currently valid as of May 2018.
It may be necessary to amend this data protection statement following any further development of our website and products offered through the site, or due to amendment of legal or statutory requirements. You can open and print the current data protection statement on the website at any time, at http://www.stelter-berlin.de/datenschutz.