VBC Notarissen N.V. – Privacy statement
This statement provides information on how VBC Notarissen N.V. handles personal data processed in the context of our activities and services.
VBC requests your personal data for the following purposes only:
- to perform advisory engagements or other (legal) services
- to fulfil statutory tasks and obligations
- those purposes for which you have specifically granted VBC permission
- for marketing purposes and activities in the area of business development
- when applying for employment with VBC.
Your personal data will not be processed for any other purposes without your permission.
Personal data are requested for the purpose of providing notarial services, or carrying out another engagement, or for marketing purposes and/or activities in the area of business development.
Processing personal data in notarial deeds
VBC must comply with statutory rules pertaining to processing personal data when drawing up notarial deeds.
- Pursuant to law, VBC must determine what personal data to include in a notarial deed so that this data processing is done on a legal basis.
- VBC is required to retain the original notarial deed containing your personal data in perpetuity.
- The original notarial deed is an official evidentiary document. This means that no further changes may be made to it, even if the personal data are incorrect. If changes need to be made, these need to be set out in a separate notarial deed.
- VBC must perform a mandatory check of certain data, personal or otherwise, among others in the Municipal Database (Basisregistraties Personen, BRP), the Commercial Register (Handelsregister) and The Netherlands’ Cadastre, Land Registry and Mapping Agency (Kadaster).
- VBC must perform a mandatory check of your identity and will therefore request you to present a valid identity document. VBC is authorised to photocopy the identity document including all the data contained in that document.
- Your personal data are subject to the professional secrecy of the employees of VBC. Unauthorised parties have no access to your data.
Advisory and other (legal) services
VBC, in the context of providing advisory or other (legal) services, may only process personal data for the purposes and related legal bases as described in VBC’s data processing register. These legal bases are always founded in the engagement assigned to VBC and VBC’s statutory obligations. If you would like more information, please contact VBC at firstname.lastname@example.org .
VBC is, in all engagements, required to verify your identity. You will be requested to present a valid identity document and VBC is authorised to make photocopies of that document, including any data contained in that document.
Marketing and business development
VBC is pleased to update you on developments in the field of law. We, for example, send newsletters and organise workshops, seminars and other meetings and activities.
We use your data in this context to, for example, send VBC’s newsletter, provide information, extend invitations, and confirm your participation in VBC workshops, seminars, and other meetings and activities.
VBC will only use your data where you have consented to this use, for example when subscribing to VBC’s newsletter or signing up for a workshop/meeting.
The personal data you have provided to VBC for sending VBC’s newsletters will be retained by VBC only until such time that you indicate you no longer wish to receive the newsletter.
Source of personal data processed
VBC may perhaps process personal data of yours that we did not receive from you. This processing will always take place in the context of the engagement assigned to us or a statutory duty. The source of those data will for example be one of the following:
- public registers, including The Netherlands’ Cadastre, Land Registry and Mapping Agency (Kadaster), the Central Will and Testament Registry (Centraal Testamenten Register), the Commercial Register (Handelsregister), Matrimonial Property Register held by the Court (Huwelijksgoederenregister), and the Municipal Database (Basisregistraties Personen, BRP)
- advisers (e.g. an estate agent or an accountant) in connection with a transaction to which you are one of the parties
- a donor/testator/donee
- a financial institution
- your contracting party.
Providing your personal data to third parties
VBC will provide your personal data to other (third) parties if you request this, where VBC is required to by law, or this is necessary for carrying out the activities of the engagement. Where and to the extent applicable, VBC will transfer data outside the EU or to an international organisation only in a secure manner.
VBC provides personal data to recipients/parties only in the context of services that we carry out: The Netherlands’ Cadastre, Land Registry and Mapping Agency (Kadaster), the Central Will and Testament Registry (Centraal Testamenten Register), the Central Living Will Register (Centraal Levenstestamentenregister), the Commercial Register (Handelsregister), the Dutch Tax Authority (Belastingdienst), as well as other registries.
VBC will only use your email address, when providing services, in emails where these involve relevant third parties providing services (“CC messages”), for example your contracting party, adviser or other interested parties.
Retention of your personal data
VBC will not retain your personal data any longer than necessary for the purpose for which they were collected, for the execution of statutory duties and compliance with statutory obligations or for the fulfilment of agreements (for instance, due to time limits). The retention periods stipulated in statutory provisions, for instance those of the Dutch Civil-Law Notaries Act (Wet op het notarisambt) and the Archives Act (Archiefwet) apply. Notarial deeds are retained in perpetuity.
If your personal data are processed by VBC, pursuant to the General Data Protection Regulation (GDPR) (EU) 2016/679, you may exercise the following rights.
Right to inspect your data
You have the right to request and inspect which personal data of yours VBC processes, the purpose for which they are used and how long the data will be retained. VBC under certain circumstances may not by law be able to respond to your request.
Right to rectify your data
You have the right to have your data rectified if you decide your data have been incorrectly processed. Data in a notarial deed may only be changed/rectified by means of a separate notarial deed.
Right to erasure (right to be ‘forgotten’)
You have the right to request that your personal data be erased. According to law, VBC may not erase or change data in a notarial deed.
Right to restrict processing
If you wish to restrict the processing of your personal data by VBC (pending rectification of your personal data at your request, an objection lodged against processing or because you specifically do not wish to have data erased even though processing of the data is unlawful), you may submit a request to that effect.
Right to have your data transferred
You have the right to request that your personal data be transferred to another service provider. VBC under certain circumstances may not by law be able to respond to your request.
Right to object
You have the right to object to the use of your data for direct marketing purposes.
A request needs to be in writing via email@example.com. To process your request, VBC is required to first identify you on the basis of a valid identity document.
Possible restrictions in exercising your rights
Although VBC wishes to protect your rights under the General Data Protection Regulation (EU 2016/679) as carefully as possible, in some cases these rights may conflict with rules applicable to Dutch civil law notaries, their profession, and their code of conduct.
Questions or complaints
If you have any questions or complaints concerning the processing of your personal data by VBC, please contact VBC via firstname.lastname@example.org.
You also have the right to lodge a complaint with the supervisory authority, the Dutch Data Protection Authority (Autoriteit Persoonsgegevens). You can do this via their website www.autoriteitpersoonsgegevens.nl.
English version 13 June 2018