DATA PRIVACY FOR THIS WEBSITE
Who is responsible for your data?
Dr. Martin L. Kochheim, Dr. Jan Hupka, Dr. Sarah Nietner, Mönckebergstraße 22, 20095 Hamburg, Germany, are responsible for the lawful collection, processing and use of your data.
2. What data do we collect and for what purposes?
2.1 Usage data
The usage data according to the German Telemedia Act (TMG) that accumulates when using this website is only used to provide the service.
Our web server is configured in such a way that it does not store any personal data.
2.2 Cookies and Google Maps
3. When do we pass on data to third parties?
We will only pass on your data to third parties without your express consent if we are obliged to do so by law or by an official or court order.
4. Where is my data stored?
Your personal data is processed exclusively in data centres in Germany.
5. How long is my data stored?
Personal data will be deleted when it is no longer required for the purposes described in this declaration, unless legal regulations require longer storage.
6. What rights do I have with regard to the processing of my data?
You and all other persons who may be affected by the use of data by us have a right to be informed about the personal data stored by us and, if the respective legal requirements are met, a right to correction, deletion or restriction of processing. Furthermore, you have the right to receive the personal data concerning you in a structured, common and machine-readable format. This includes the right to transfer this data to another controller. Where technically feasible, you and the other data subjects may also request that we transfer the personal data directly to the other controller. Where your personal data is processed on the basis of legitimate interests pursuant to Article 6(1)(e) or (f) of the European Data Protection Regulation 2016/679, you have the right to object to the processing of your personal data on grounds relating to your particular situation in accordance with Article 21 of the European Data Protection Regulation 2016/679.
To exercise the rights referred to in this point, as well as for questions and complaints about the use of your personal data, you and the other data subjects may contact our Data Protection Officer:
With complaints about our use of data, you and the other data subjects can contact the competent supervisory authority at:
The Hamburg Commissioner for Data Protection and Freedom of Information (Der Hamburgische Beauftragte für Datenschutz und Informationsfreiheit)
Kurt-Schumacher-Allee 4, 20097 Hamburg, 6th floor.
Further information at: www.datenschutz-hamburg.de
DATA PROTECTION FOR NOTARIAL ACTIVITIES
A. Who is responsible, who can you contact?
The Notare am Rathausmarkt are responsible for the processing of your personal data, namely Notary Dr. Martin L. Kochheim, Notary Dr. Jan Hupka and Notary Dr. Sarah Nietner. Each of the aforementioned notaries is solely responsible for the area for which he or she is responsible in terms of the data protection regulations. For all data protection enquiries, you can contact the respective responsible notary or our data protection officer as follows:
Address: Notare am Rathausmarkt
Notary Dr. Martin L. Kochheim
Notary Dr. Jan Hupka
Notary Dr. Sarah Nietner
Telephone: 040 30373860
Telefax: 040 303738666
Data Protection Officer
Address: Notare am Rathausmarkt
Attn. Data Protection Officer
Telephone: 040 30373860
Telefax: 040 303738666
B.What data do I process and where does the data come from?
I process personal data that I receive from you or from third parties commissioned by you (e.g. lawyer, tax advisor, estate agent, credit institution), including
- personal data, for instance first name and surname, date and place of birth, nationality, marital status; in individual cases your birth registration number;
- contact data, such as postal address, telephone and fax numbers, email address;
- in the case of real estate contracts, your tax identification number;
- in certain cases, for instance in the case of marriage contracts, wills, inheritance contracts or adoptions, also data relating to your family situation and your assets as well as, if applicable, information regarding your health or other sensitive data, because for example, these serve to document your legal capacity;
- in certain cases, also data relating to your legal relationships with third parties, such as file numbers or loan or account numbers at credit institutions.
I also process data from public registers, e.g. land registers, commercial registers and registers of associations.
C. For what purposes and on what legal basis is the data processed?
As a notary, I hold a public office. My official activities are conducted in the performance of a task carried out in the public interest in the orderly preventive administration of justice and thus in the public interest, and in the exercise of official authority based on Art. 6 para. 1 (e) of the General Data Protection Regulation (GDPR).
Your data will be processed exclusively in order to perform the notarial activity requested by you and, if applicable, other persons involved in a transaction, in accordance with my official duties, i.e. for the preparation of draft deeds, for the notarisation and execution of deeds or for the performance of consultations. Personal data is therefore solely processed on the basis of the professional and procedural provisions that apply to me, which are essentially derived from the Federal Notaries’ Act and the Notarisation Act. At the same time, these provisions result in the legal obligation for me to process the required data (Art. 6 para. 1 (c) GDPR). Failure to provide the data requested from you would therefore result in my having to refuse the (further) execution of the official business.
D .Who do I share data with?
As a notary, I am subject to a statutory duty of confidentiality. This duty of confidentiality also applies to all my employees and other persons commissioned by me.
I may therefore only share your data if and insofar as I am obliged to do so in individual cases, e.g. on the basis of notification obligations vis-à-vis the tax authorities, or to public registers such as the Land Registry, the Commercial Register or the Register of Associations, the Central Register of Last Wills and Testaments, the Register of Provisions, courts such as the Probate, Guardianship or Family court, or public authorities. Within the scope of professional and official supervision, I may also be obliged to provide information to the Chamber of Notaries or my official supervisory authority, which in turn are bound by an official duty of confidentiality. As processors, possible data recipients are our external IT system administrator, notary software provider, web hoster and NotarNet GmbH.
In all other cases, your data will only be shared if I am obliged to do so on the basis of declarations made by you or if you have requested that it be passed on.
E. Will data be transferred to third-party countries?
Your personal data will only be transferred to third-party countries at your specific request or if, and to the extent that a party to the deed is domiciled in a third-party country.
F. How long will your data be stored?
I process and store your personal data within the scope of my statutory retention obligations
According to § 50 Paragraph 1 of the Ordinance on the Maintenance of Notarial Records and Directories (NotAktVV), the following retention periods apply to the retention of notarial records:
- register of official documents, electronic collection of official documents, collection of inheritance contracts and special collection: 100 years,
- paper-based collection of documents, custody register and general files: 30 years,
- collective files for bill of exchange and cheque protests and ancillary files: 7 years; the notary may specify a longer retention period in writing at the latest when the last substantive processing of the ancillary file is carried out, for instance, in the case of dispositions upon death or in the case of risk of reclamation; the determination may also be made generally for individual types of legal transactions such as dispositions of property upon death.
Your data will be deleted or the paper documents will be destroyed after the storage periods have expired, unless I am obliged to store data for a longer period of time in accordance with Art. 6 (1)para. 1 (c) GDPR pursuant to storage and documentation obligations under tax and commercial law (from the German Commercial Code, the German Criminal Code, the Money Laundering Act or the German Fiscal Code) as well as professional regulations for the purpose of conflict of law verification.
G. What are your rights?
You have the right to
- request information on whether I process personal data about you, if so, for what purposes I process the data and which categories of personal data I process, to whom the data have been forwarded, if applicable, how long the data are to be stored, if applicable, and what rights you are entitled to (Art. 15 GDPR).
- have inaccurate personal data concerning you that is stored by me corrected. Equally, should the data stored with me be incomplete, you have the right to have it amended by me (Art. 16 GDPR).
- demand deletion of the personal data concerning you, provided that there is a legally stipulated reason for deletion (cf. Art. 17 GDPR) and the processing of your data is not required for the fulfilment of a legal obligation or for other overriding reasons within the meaning of the GDPR.
- to demand from me the restriction of the processing of your data, for instance, to assert legal claims or for reasons of important public interest, while I am, for example, examining your claim for rectification or objection, or, if applicable, if I reject your claim for erasure (cf. Art. 18 GDPR).
- object to the processing if this is necessary for me to carry out my tasks in the public interest or to exercise my public office, if there are grounds for the objection arising from your particular situation (Art. 21 GDPR).
- contact the supervisory authorities with a data protection complaint. The competent supervisory authority is the Hamburg Commissioner for Data Protection and Freedom of Information (HmbBfDI), currently Mr Thomas Fuchs. For more information, please visit www.datenschutz-hamburg.de.
A complaint can be filed with any supervisory authority, regardless of jurisdiction.