Identity of the data protection officer
The “shared DPO department of Belgian Notaries” at the Social Secretariat of Belgian Notaries non-profit organisation (asbl) has been appointed by the data controller responsible for processing as data protection officer
BCE number: 408.528.663
Address: 30-34, rue de la Montagne, in 1000 Brussels
- Collection and use of personal data
Processing — As a public officer, for the fulfilment of his or her duties, the Notary is required to collect and use personal data concerning you.
The personal data concerning you are either collected directly from you or taken from official databases. In fact, since the Notary is a person holding public authority, he or she has access to various sources of authentic data strictly regulated by specific legislation.
Data — “Personal data is any information that relates to an identified or identifiable natural person, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier". Such data includes identification data (surname, first name, civil status, national register number, date and place of birth, etc.), contact data (address, phone number, etc), economic and financial information (bank data, etc.), data relating to instruments drawn up at the Notary’s office and data relating to family, social, tax and other status which the Notary is required to collect concerning you from official sources and from authorities.
Purpose — The Notary collects and processes personal data to ensure legal certainty for the transactions which he or she authenticates and for the management of the files entrusted to him or her.
- Communication of personal data to third parties
Your personal data processed by the Notary are likely to be communicated to third parties and, in particular:
- to legally empowered partners such as public services and notarial institutions for the retention of copies of instruments and their metadata in the context of electronic storage and for the registration of your data in the central registers of notaries (e.g. register of prenuptial agreements, register of wills, register of agency agreements, register of declarations relating to the appointment of a guardian or a person of trust);
- to the Royal Federation of Belgian Notaries as far as real estate data is concerned to be registered in the notaries’ database for the purpose of producing statistics and enabling the Notary to assess the value of real estate in the course of his or her activities;
- generally, to the Royal Federation of Belgian Notaries to be processed for statistical and scientific research processes;
- to the other notaries involved in your case;
- to the banks concerned by your case.
These data shall be communicated to these different third parties to enable the Notary to comply with the legal obligations to which he or she is subjected and to manage your file properly.
- Protection of personal data
Scope — The processing of personal data by the Notary is subject to the provisions of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 entitled “General Data Protection Regulation”.
This Regulation concerns both data processed electronically and data contained in files and hardcopy documents stored in the Notary’s Office, provided, however, that these files or documents are “structured according to specific criteria”. Personal data contained in electronic and hardcopy files, in wills and authentic deeds are therefore protected by the aforesaid Regulation.
Lawfulness — The processing of personal data by the Notary is considered as lawful given that, in most cases, processing is necessary for compliance with a legal obligation to which the Notary is subjected or necessary for the exercise of a public service mission vested in the Notary.
In other cases, the necessity of processing as part of the implementation of a contact or measures prior to entering into a contact to which you are a party is the aspect that constitutes the basis of lawfulness.
Data retention period — Pursuant to the principle of limitation of retention of personal data, said data may be retained only during the time necessary for the fulfilment of the objective pursued, according to the laws applicable to the specific case and the limitation periods for actions in rem and in personam.
Rights of the persons concerned — Pursuant to this Regulation, as a person concerned by the processing of personal data by the Notary, you have a right to fair and transparent processing of your data, a right to be informed and a right of access.
Under certain conditions and in strictly defined instances, you also have a right to rectification and erasure of data concerning you together with a right to object to their use and a right to restriction of processing.
You may exercise your rights directly with your Notary or with the Data Protection Officer whom the Notary has appointed (“shared DPO department of Belgian Notaries” at the Social Secretariat of Belgian Notaries non-profit organisation (asbl ), [email protected]).
Lastly, if you consider that your rights have not been respected in accordance with the Regulation, you are entitled to submit a complaint to the Supervisory Authority (Belgian Data Protection Authority, 35, rue de la Presse, in 1000 Brussels) or to seek a judicial remedy.
If you have any questions, please contact the Data Protection Office appointed by the Notary at the following address: [email protected].