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Personal Data Protection Policy1. Who is the data controller and who is the data protection officer?The firm NOTALEX, notaries, processes personal data in the context of its activities. NOTALEX, notaries, located at Avenue de la Couronne 145F, 1050 Brussels, with company number 1024.799.060, acts as the controller for the personal data processed within the firm (hereinafter "the firm"). The data controller is the natural or legal person who determines the purposes and means of the processing of personal data.The firm is committed to protecting privacy. It undertakes to protect and process your personal data with particular care and in full transparency, in strict compliance with data protection legislation, in particular the General Data Protection Regulation (EU) 2016/679 (hereinafter "GDPR") and the Code of Conduct of the National Chamber of Notaries of 28 January 2021 clarifying certain arrangements for the application of the General Data Protection Regulation (EU) 2016/679 (GDPR) for notaries (hereinafter the "Code of Conduct").In accordance with the GDPR and the Code of Conduct, the firm has appointed a data protection officer, namely Privanot ASBL. The data protection officer can be contacted at the following email address: info@privanot.be, or by letter at the following address: Privanot asbl, Rue de la Montagne 30, 1000 Brussels.Through this personal data protection policy, we wish to provide you with further explanation of how we handle the personal data we hold. In this policy you will find the answers to the following questions:
✔ Who is the data controller and who is the data protection officer?✔ Why is your personal data processed?✔ What is the legal basis for the processing of your personal data?✔ What personal data is processed by the firm?✔ What are the sources of information? ✔ To whom may your personal data be disclosed?✔ Who are the firm's processors?✔ Will your personal data be transferred outside the European Economic Area (EEA)?✔ How long will your personal data be kept?✔ How is the security and confidentiality of your personal data ensured?✔ How is the security and confidentiality of your personal data ensured?✔ What are your rights?
Please note that information regarding the processing of personal data of internal staff members for human resources purposes is set out in the firm's work regulations. Information regarding the processing of personal data of external staff members for human resources purposes is set out in specific documents, such as service contracts or the firm's general policy documents.2. Why is your personal data processed?Purposes - The firm collects and processes personal data mainly to ensure the legal certainty of the transactions whose authenticity the notary guarantees, as well as to manage the files entrusted to the notary.In addition, processing operations are necessary to carry out other important tasks and objectives, namely:
- management of the firm's files, including the processing carried out before and after the execution of a notarial deed, such as the necessary searches and checks, as well as any other processing required to fulfil the notary's duties as a public officer and the tasks entrusted by citizens;- administrative management and follow-up of citizens' files, including invoicing and accounting;- carrying out the checks and verifications required under anti-money laundering legislation;- ensuring the security of buildings, property, staff and visitors through camera surveillance;- optimising navigation on the website through the use of cookies;
3. What is the legal basis for the processing of your personal data?Lawfulness - The processing of personal data carried out by the notary is considered lawful insofar as it is, in most cases, necessary for compliance with a legal obligation to which the notary is subject, or necessary for the performance of a task carried out in the public interest with which the notary in charge of the file within the firm is vested.The processing of personal data is carried out by the firm on the basis of, among others, and on a non-exhaustive basis, the following legislation:
- the Act of 25 Ventôse Year XI on the organisation of the notarial profession;- the Act of 18 September 2017 on the prevention of money laundering and terrorist financing and the restriction of the use of cash.
In addition, the lawfulness of the processing may also be based on the legitimate interest of the controller, as in the case of improving client satisfaction or securing the firm's premises through a surveillance camera.Finally, the lawfulness of the processing may be based on the consent of the data subject, for example where non-functional cookies are used on the firm's website.4. What personal data is processed by the firm?Depending on the services you use, the firm may process the following personal data:
- identification data (surname, first name, marital status, national register number, place and date of birth, etc.);- contact data (postal address, email address, telephone number, etc.);- economic and financial data (bank account number, etc.);- data relating to legal capacity;- data relating to professional activity;- data relating to deeds executed within the firm;- data relating to family, social, tax or other circumstances that the notary must obtain about you from official sources and the relevant authorities;- data resulting from the AML investigation obligation, such as national and international financial sanctions lists, PEP status, negative information from public sources concerning offences underlying money laundering, countries presenting a high AML risk or considered to be tax havens, and judicial data.
5. What are the sources of information?As a public officer, in order to carry out its activities, the notary is required to collect and use personal data concerning you.The personal data concerning you comes from:
- the AML screening tool of the National Chamber of Notaries;- you, or your legal representative;- authentic data sources strictly governed by specific legislation, such as the National Register, the Crossroads Bank for Social Security, the Central Register of Successions, the Central Register of Cohabitation and Marriage Contracts, etc.;- official bodies authorised to provide data to notaries in the exercise of their public functions;
6. To whom may your personal data be disclosed?Personal data processed by the firm may be disclosed to third parties ("recipients"), depending on the context of the processing, in particular:
- to legally authorised partners, such as public authorities and notarial institutions, for the storage of copies of deeds and their metadata as part of electronic registration, and for the recording of your data in the central registers of the notarial profession (e.g. the Central Register of Marriage Contracts, the Central Register of Mandate Contracts, the Central Register of declarations concerning the appointment of an administrator or trusted person, etc.);- to the Royal Federation of Belgian Notaries, with regard to data relating to real estate, in order for it to be recorded in a notarial database aimed at generating statistics and enabling notaries to estimate the value of real estate in the exercise of their functions;- to the Provincial Chamber of Notaries concerned by your file and/or the National Chamber of Notaries (e.g. in the context of their duties relating to accounting oversight or the prevention and combating of money laundering);- to the other notaries involved in your file (e.g. in connection with a real estate sale deed);- to the State Archives for the preservation of files, minutes and wills;- to the banks involved in your file;- to the accountant/tax advisor who manages the firm's accounting;- to processors involved in the management and continuity of the firm, such as software providers for the preparation of deeds;- to the Financial Intelligence Processing Unit (CTIF-CFI), for example in connection with the prevention and combating of money laundering;- to the judicial authorities, for example in connection with the prevention and combating of money laundering;- to the authorities involved in national and international cooperation in connection with the prevention and combating of money laundering.
7. Who are the firm's processors?A processor is a natural or legal person, public authority, agency or other body that processes personal data on behalf of the firm.The firm uses, among others, the following categories of processors:
- hardware providers;- software providers, for example for file and accounting management;- server/back-up providers;- paper document destruction service providers;- external consultants or contractors;
8. Will your personal data be transferred outside the European Economic Area (EEA)?In principle, your personal data will not be transferred outside the European Economic Area (hereinafter the "EEA").However, should your personal data nevertheless be transferred to countries outside the EEA, and the European Commission has determined that the country to which the data is transferred does not offer an adequate level of protection, the firm will endeavour to protect your personal data by providing additional safeguards (for example, by entering into standard contractual clauses approved by the European Commission, adopting binding corporate rules, etc.).9. How long will your personal data be kept?Under the principle of storage limitation, the above-mentioned data may only be kept for as long as is necessary to achieve the purpose pursued, in accordance with the specifically applicable laws and the limitation periods for commercial and personal claims. The retention periods below correspond to those set out in the firm's record of processing activities.Retention periods vary depending on the nature of the documents concerned, namely:
- citizens' client records will be kept for as long as the citizen has not chosen to change notary, and will be kept for a maximum of the citizen's lifetime in order to enable the provision of advisory services (in accordance with Article 9 of the Act of 25 Ventôse Year XI on the organisation of the notarial profession);- files are kept for 20 years after closure for evidentiary purposes (in accordance with Article 3.27 of the new Civil Code);- minutes are kept for 75 years after the signing of the deed and are then transferred to the State Archives (in accordance with Article 62 of the Act of 25 Ventôse Year XI on the organisation of the notarial profession);- accounting books are kept for 10 years after the closure of the financial year (in accordance with Article 33 of the Act of 25 Ventôse Year XI on the organisation of the notarial profession);- bank statements are kept for 10 years after the closure of the relevant financial year (in accordance with Article 33 of the Act of 25 Ventôse Year XI on the organisation of the notarial profession);- personal data covered by the anti-money laundering legislation is deleted after a retention period of 10 years (in accordance with Articles 60 and 62(1) of the Act of 18 September 2017 on the prevention of money laundering and terrorist financing and the restriction of the use of cash);- camera footage is kept for a maximum period of one month (in accordance with Article 6 of the Act of 21 March 2007 governing the installation and use of surveillance cameras);- personal data processed for the management of the website is kept for as long as necessary to achieve the purpose pursued;
10. How is the security and confidentiality of your personal data ensured?The firm takes appropriate technical and organisational measures to ensure a level of security appropriate to the risk. In addition, the firm ensures it applies the security measures for the processing of personal data set out in the Code of Conduct of the National Chamber of Notaries of 28 January 2021.Security measures are taken to prevent the loss, destruction, alteration, unauthorised disclosure of, or unauthorised access to, personal data that is transmitted, stored or otherwise processed.The notarial firm in particular ensures that:
- access to premises containing data media is restricted to authorised persons;- the server environment is properly secured;- personal data is securely stored and destroyed;- secure access to the data necessary to achieve the purpose pursued is provided to employees and processors;- a procedure for notifying any personal data breach, applicable to all members of the firm, is put in place;- a procedure for managing data subjects' rights, applicable to all members of the firm, is put in place;- an information security policy accessible to all members of the firm is put in place;- a GDPR awareness policy exists for the firm's members;- technical security measures, such as firewalls, antivirus software and regular security updates, are applied.
These measures are regularly monitored and reviewed by the above-mentioned DPO following an audit.In accordance with Article 28 of the GDPR and Article 2 of the Code of Conduct of the National Chamber of Notaries of 28 January 2021, the firm has signed a data processing agreement with the various processors it uses.11. What are your rights?Under the GDPR, as a data subject in relation to the processing of your personal data by the firm, you have several rights.Depending on the circumstances, and subject to the controller's compliance with its legal obligations and the performance of its tasks carried out in the public interest, you therefore have the following rights:
- Right to information: you have the right to know, among other things, what personal data the firm processes about you, the purposes of this processing, how long this data is kept, etc.;- Right of access: you have the right to consult and obtain a copy of the personal data concerning you held and processed by the firm;- Right to rectification: you have the right to obtain the rectification of inaccurate or incomplete personal data concerning you;- Right to erasure: you have the right to request the destruction of your personal data processed by the firm;- Right to restriction of processing: you have the right to restrict the processing of your personal data, for example if you dispute the accuracy of the data;- Right to data portability: you have the right to receive your personal data in a structured, commonly used and machine-readable format, and to transmit it to a third party;- Right to object: you have the right to object to the processing of your personal data by the notarial firm.
You may exercise your rights directly with the firm by email at info@notalex.be or by letter at Avenue de la Couronne 145F, 1050 Brussels, or with the data protection officer by email at info@privanot.be.Finally, if you believe that your rights are not being respected in accordance with the GDPR, you are entitled to lodge a complaint with the Belgian Data Protection Authority (Rue de la Presse 35, 1000 Brussels, or via their website https://www.dataprotectionauthority.be).12. Use of cookies?Google Analytics: Through our website, cookies are placed by the American company Google as part of the "Analytics" service. We use this service to track and obtain reports on how visitors use the website. We may be required to provide access to this data on the basis of applicable laws and regulations. We have not authorised Google to use the analytical information obtained for other Google services.