Privacy statement Westport Notarissen

Privacy statement Westport Notarissen N.V.

This statement provides information on how our office handles personal data processed in the context of its activities and services.

Our services

Our office only requests your personal data for the following purposes:

  • to draft notarial deeds or other assignments;
  • the performance of consultancy or other service assignments;
  • to comply with legal duties and obligations, or
  • for the purposes for which you have given specific consent.

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

Rules on personal data in notarial instruments

If our office draws up a notarial instrument containing your personal data, the notary must comply with the statutory rules. These have an impact on the processing of personal data:

  1. The notary must include certain (personal) data in the instrument. Your data will therefore be processed on grounds of a statutory obligation. Due to the law each notarial deed and copies thereof have to mention the personal data of all parties. The notary has to furnish copies to the parties in the deed.
  2. The notary must retain the signed instrument with your personal data indefinitely.
  3. As soon as the instrument has been signed by the notary, it becomes an official document. In that case, nothing more may be changed, even if the personal data are incorrect. If changes are necessary, the notary must make a new instrument stating the change.
  4. The notary is obliged to check certain (personal) data in the Personal Records Database (BRP), the Trade Register and the Land Registry.
  5. The notary must verify your identity. In order to do so, he must request a valid identity document from you. The notary is one of the few parties who is also allowed to copy this with all the data on it. The notary checks the identity documents through the Verification Information System.
  6. Due to Dutch law our personal data are covered by the notary’s professional duty of confidentiality. Unauthorised persons will not acquire access to the data.

Consultancy and other services

As regards other processing of personal data by our office, the following applies:

  • The “retrieval, collection, consultation, use and storage of personal data for the purpose of executing and retaining notarial instruments” has the following purposes and related legal grounds:
    • Drawing up and executing notarial instruments
  • The “collection, recording and use of personal data for the creation of a register for the purpose of acquisition and/or newsletters, etc.” has the following purposes and related legal grounds:
    • Marketing and acquisition
  • The “collection, recording and use of personal data for the creation of a register for customer relationship management of business contacts in the chain” has the following purposes and related legal grounds:
    • Informing and facilitating cooperation in the chain
  • The “transmission of drafts and file documents to third parties with the consent of clients” has the following purposes and associated legal grounds:
    • Informing third parties at the request of clients
  • The “recording, consulting for authenticating signatures” has the following purposes and associated legal grounds:
    • Confirming the authenticity of the signature or document on request.
  • The “transmission of personal data for the purpose of registration of personal data or instruments in register(s)” has the following purposes and related legal grounds:
    • Accessibility.

Source of processed personal data

If our office processes personal data about you that we have not obtained from you, this will always be done in the context of the assignment given to us. The source of that data will then be one of the following:

  • Public registers, including the Land Registry and Trade Register.
  • Realtor or other adviser or counterparty (such as a lawyer or tax advisor) in connection with a purchase agreement or other agreement to which you are one of the parties.
  • Public sources (world wide web).

Transmission of your personal data

Our office will only transmit your personal data to others (third parties) in case of a statutory obligation or if such is imperative for performance of the assigned work.

Our office provides personal data to the following recipients:

  • Land Registry;
  • Chamber of Commerce;
  • Other register holders;
  • Tax and Customs Administration;
  • KNB (The Royal Dutch Association of Civil-law Notaries);
  • possible fellow notaries;
  • your other advisors;
  • lawyer contacted by us to collect invoices;
  • processors of personal data (external suppliers such as ICT service providers) with which Westport Notarissen N.V. a processing agreement has concluded.

In order to provide our services, it may be necessary for us to transfer your personal data to a recipient in a country outside the EU. In that case, Westport Notarissen N.V. will ensure that such transfer of data is in accordance with applicable laws and regulations.

Retention of your personal data

Your personal data will not be retained by our office longer than necessary for the purpose for which they were collected, for the performance of statutory duties and the fulfilment of statutory obligations or the performance of agreements (e.g., to comply with limitation periods). Statutory retention periods such as those prescribed by the Notarial Office Act and the Public Records Act are applicable. Notarial instruments are retained indefinitely.

Your rights with regard to personal data processed by us

If your personal data are processed by our office, you may exercise the rights set out below on the grounds of the General Data Protection Regulation.

You can do this by submitting a (preferably written) request via the contact details in this privacy statement. Before we grant your request, we will first verify your identity by means of a valid identity document.

Right of access of the data subject

You can always enquire which personal data our office processes, for what purpose and for how it is retained. There may be a legal ground that prevents us from responding to your request; we will review your request and inform you accordingly.

Right of rectification

If you believe that certain data has not been processed correctly, you have the right to request rectification thereof. If this concerns information contained in a notarial instrument, rectification is not possible and a new instrument will have to be drawn up as an addendum to the incorrect document.

Right to erasure (right to be forgotten)

If you wish your personal data to be deleted, you may submit a request to this effect. The notary may not remove any data contained in a notarial instrument.

Right to restriction of processing

If you wish to restrict the processing of personal data by our office (in anticipation of your request for rectification of your personal data, an objection to processing or because you do not want data to be deleted despite the fact that processing is unlawful), you may submit a request to this effect.

Right to data portability

If your personal data are not processed for a notarial instrument and you want to transfer the personal details to another service provider, you can submit a request to this effect. Such a transfer is not always possible, however, as statutory obligations incumbent on notaries may preclude it.

Right of objection

If we use your data for direct marketing purposes, you can object to this processing.

Possible restrictions on the exercise of your rights under the General Data Protection Regulation

Our office makes every effort to comply with your rights under the General Data Protection Regulation. However, these rights may conflict with other legal provisions, such as the Civil-Law Notaries Act. If the notary is unable to comply with one of the aforementioned requests for this reason, you will be informed of this in writing.

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Complaints about the processing of your personal data by our office

If you have any complaints about the processing of personal data by our office, please contact info@westportnotarissen.nl. You also have the right to submit a complaint to the Dutch Data Protection Authority. For this, visit the website www.autoriteitpersoonsgegevens.nl