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Information on data processing for viewing and using the contents of the website of RechtsAnwälte&Notare

Information on data processing for viewing and using the contents of the website of RechtsAnwälte&Notare

This data protection notice applies to data processing by

  1. the RechtsAnwälte&Notare

Albach, Jacoby, Landzettel, Wieland, Berg, Schiweck, Bock PartnerschaftsG mbB

  1. Notary Dr. Wulf Albach,
  2. Notary Dr. Stefan Landzettel,
  3. Notary Patric Schiweck,
  4. Notary Dr. Lenard Bock,
  5. Notary Dr. Henrik Jacoby
  6. Notary Dr. Rainer Wieland,
  7. Notary Dr. Gregor Albach,

(in the following all together: “RechtsAnwälte&Notare”).

Contact details of the persons responsible for 1. to 6 ..:
Friedensplatz 6, D-64283 Darmstadt, Germany;
Email: info@anwaelte-da.de;
Phone: +49 (0)6151 – 99440 / Fax: +49 (0)6151 – 294283

Contact details of the person responsible for 7:
Reuterallee 25, D-64297 Darmstadt-Eberstadt, Germany;
Email: info@anwaelte-da.de
Phone: +49 (0)6151 – 78 08 0-38 / Fax: (0)6151 – 78 08 0-39

Contact details of the person responsible for 8:

Dornwegshöhstraße 6
64367 Mühltal

Email: info@anwaelte-da.de

The company data protection officer of PartG mbB as well as of all notaries is Mr. Olaf Herber, who can be reached at Friedensplatz 6, 64283 Darmstadt or at herber@anwaelte-da.de.

When you visit our website www.anwaelte-da.de, the browser used on your end device automatically sends information to the server of our website. This information is temporarily stored in a so-called log file. The following information is collected without your intervention and stored until automated deletion:

  • IP address of the requesting computer,
  • Date and time of access,
  • Name and URL of the accessed file,
  • website from which the access was made (referrer URL),
  • browser used and, if applicable, the operating system of your computer as well as the name of your access provider.

The aforementioned data is processed by us for the following purposes:

  • Ensuring a smooth connection setup of the website,
  • Ensuring a comfortable use of our website,
  • evaluation of system security and stability, and
    for other administrative purposes.
  • The legal basis for data processing is Art. 6 para. 1 p. 1 lit. f DSGVO. Our legitimate interest follows from the purposes for data collection listed above. In no case do we use the collected data for the purpose of drawing conclusions about your person.
  • In addition, we use cookies when you visit our website. You can find more detailed explanations of this under point 4 of this data protection declaration.

We do not transfer your personal data to third parties for purposes other than those listed below.
We will only disclose your personal data to third parties if:

  • you have given your express consent to this in accordance with Art. 6 (1) p. 1 lit. a DSGVO,
  • the disclosure is necessary for the assertion, exercise or defense of legal claims pursuant to Art. 6 para. 1 p. 1 lit. f DSGVO and there is no reason to assume that you have an overriding interest worthy of protection in the non-disclosure of your data,
  • in the event that there is a legal obligation for disclosure pursuant to Art. 6 (1) p. 1 lit. c DSGVO, as well as
  • this is legally permissible and necessary according to Art. 6 para. 1 p. 1 lit. b DSGVO for the processing of contractual relationships with you.

We use cookies on our site. These are small files that are automatically created by your browser and stored on your end device (laptop, tablet, smartphone or similar) when you visit our site. Cookies do not cause any damage to your end device, do not contain viruses, Trojans or other malware.
In the cookie, information is stored that arises in each case in connection with the specific end device used. This does not mean, however, that we gain direct knowledge of your identity.
The use of cookies serves on the one hand to make the use of our offer more pleasant for you. For example, we use so-called session cookies to recognize that you have already visited individual pages of our website. These are automatically deleted after you leave our site.

In addition, we also use temporary cookies to optimize user-friendliness, which are stored on your terminal device for a certain fixed period of time. If you visit our site again to use our services, it is automatically recognized that you have already been with us and which entries and settings you have made so that you do not have to enter them again.

On the other hand, we use cookies to statistically record the use of our website and to evaluate it for the purpose of optimizing our offer for you (see section 5). These cookies enable us to automatically recognize that you have already been to our site when you visit it again. These cookies are automatically deleted after a defined period of time.
The data processed by cookies is necessary for the aforementioned purposes to protect our legitimate interests and those of third parties in accordance with Art. 6 (1) p. 1 lit. f DSGVO.
Most browsers accept cookies automatically. However, you can configure your browser so that no cookies are stored on your computer or a notice always appears before a new cookie is created. However, the complete deactivation of cookies may mean that you cannot use all the functions of our website.

Currently, there are no analysis tools activated by us on our website.

You have the right:

  • to request information about your personal data processed by us in accordance with Art. 15 DSGVO. In particular, you can request information about the processing purposes, the category of personal data, the categories of recipients to whom your data has been or will be disclosed, the planned storage period, the existence of a right to rectification, erasure, restriction of processing or objection, the existence of a right of complaint, the origin of your data if it was not collected by us, as well as the existence of automated decision-making, including profiling, and, if applicable, meaningful information about its details;
  • pursuant to Art. 16 DSGVO, to request the correction of incorrect or incomplete personal data stored by us without undue delay;
  • pursuant to Art. 17 DSGVO, to request the erasure of your personal data stored by us, unless the processing is necessary for the exercise of the right to freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the establishment, exercise or defense of legal claims;
  • pursuant to Art. 18 DSGVO, to request the restriction of the processing of your personal data, insofar as the accuracy of the data is disputed by you, the processing is unlawful, but you object to its erasure and we no longer require the data, but you need it for the assertion, exercise or defense of legal claims or you have objected to the processing pursuant to Art. 21 DSGVO;
  • pursuant to Art. 20 DSGVO, to receive your personal data that you have provided to us in a structured, common and machine-readable format or to request that it be transferred to another controller;
    in accordance with Art. 7 (3) DSGVO, to revoke your consent once given to us at any time. This has the consequence that we may no longer continue the data processing, which was based on this consent, for the future; and
  • complain to a supervisory authority in accordance with Art. 77 DSGVO. As a rule, you can contact the supervisory authority of your usual place of residence or workplace or our registered office for this purpose.

If your personal data is processed on the basis of legitimate interests pursuant to Art. 6 (1) p. 1 lit. f DSGVO, you have the right to object to the processing of your personal data pursuant to Art. 21 DSGVO, provided that there are grounds for doing so that arise from your particular situation or the objection is directed against direct advertising. In the latter case, you have a general right of objection, which is implemented by us without specifying a particular situation.

If you would like to exercise your right of revocation or objection, it is sufficient to send an e-mail to herber@anwaelte-da.de.

Within the website visit, we use the widespread SSL procedure (Secure Socket Layer) in connection with the highest encryption level supported by your browser. As a rule, this is a 256-bit encryption. If your browser does not support 256-bit encryption, we use 128-bit v3 technology instead. You can tell whether an individual page of our website is encrypted by the closed key or lock symbol in the lower status bar of your browser.
We also use appropriate technical and organizational security measures to protect your data against accidental or intentional manipulation, partial or complete loss, destruction or against unauthorized access by third parties. Our security measures are continuously improved in line with technological developments.

This privacy policy is currently valid and has the status May 2018.

Due to the further development of our website and offers on it or due to changed legal or regulatory requirements, it may become necessary to change this privacy policy. You can access and print out the current data protection declaration at any time on the website at http://www.anwaelte-da.de/datenschutz.

Information on data processing within the scope of client processing by our lawyers

This privacy notice applies to data processing by:
Responsible party:

RechtsAnwälte&Notare
Albach, Jacoby, Landzettel, Wieland, Berg, Schiweck, Bock PartnerschaftsG mbB
(in the following: “RechtsAnwälte&Notare”),
Friedensplatz 6, D-64283 Darmstadt, Germany;
Email: info@anwaelte-da.de
Phone: +49 (0)6151 – 99440 /Fax: +49 (0)6151 – 294283

The company data protection officer of RechtsAnwälte&Notare is Mr. Olaf Herber, who can be reached at the above address or at herber@anwaelte-da.de.

When you mandate us, we collect the following information:

  • Salutation, first name, last name,
  • a valid e-mail address,
  • address,
  • telephone number (landline and/or mobile)
  • Information necessary for the assertion and defense of your rights within the scope of the mandate
  • Your account details

The collection of this data takes place,

  • to be able to identify you as our client;
  • to be able to provide you with appropriate legal advice and representation;
  • to correspond with you;
  • for invoicing purposes;
  • to handle any liability claims that may exist and to assert any claims against you;

The data processing is carried out upon your request and is necessary according to Art. 6 para. 1 p. 1 lit. b DSGVO for the aforementioned purposes for the appropriate processing of the mandate and for the mutual fulfillment of obligations arising from the mandate agreement.

The personal data collected by us for the mandate will be stored until the expiry of the statutory retention obligation for lawyers (6 years after the end of the calendar year in which the mandate was terminated) and then deleted, unless we are required by Article 6 para. 1 p. 1 lit. c DSGVO, we are obliged to store the data for a longer period of time due to tax and commercial law retention and documentation obligations (from the German Commercial Code (HGB), German Criminal Code (StGB) or German Tax Code (AO)), there are legitimate interests on our part pursuant to Art. 6 Para. 1 S. 1 lit. f for further storage or you have consented to further storage pursuant to Art. 6 Para. 1 S. 1 lit. a DSGVO.

Your personal data will not be transferred to third parties for purposes other than those listed below.

Insofar as this is necessary in accordance with Art. 6 Para. 1 Sentence 1 lit. b DSGVO for the processing of client relationships with you, your personal data will be passed on to third parties. This includes in particular the disclosure to opposing parties and their representatives (in particular their lawyers) as well as courts and other public authorities for the purpose of correspondence and the assertion and defense of your rights. The data passed on may be used by the third party exclusively for the purposes stated.

The attorney-client privilege remains unaffected. Insofar as data subject to attorney-client privilege is involved, it will only be disclosed to third parties in consultation with you.

You have the right:

  • in accordance with Art. 7 (3) DSGVO to revoke your consent once given to us at any time. This has the consequence that we may no longer continue the data processing based on this consent for the future;
    to request information about your personal data processed by us in accordance with Art. 15 DSGVO. In particular, you may request information about the processing purposes, the category of personal data, the categories of recipients to whom your data have been or will be disclosed, the planned storage period, the existence of a right to rectification, erasure, restriction of processing or objection, the existence of a right of complaint, the origin of your data if it has not been collected by us, and the existence of automated decision-making, including profiling, and, if applicable, meaningful information about its details;
  • pursuant to Art. 16 DSGVO, to request the correction of incorrect or incomplete personal data stored by us without undue delay;
  • pursuant to Art. 17 DSGVO, to request the erasure of your personal data stored by us, unless the processing is necessary for the exercise of the right to freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the establishment, exercise or defense of legal claims;
    pursuant to Art. 18 DSGVO, to request the restriction of the processing of your personal data, insofar as the accuracy of the data is disputed by you, the processing is unlawful, but you object to its erasure and we no longer require the data, but you need it for the assertion, exercise or defense of legal claims or you have objected to the processing pursuant to Art. 21 DSGVO;
  • pursuant to Art. 20 DSGVO, to receive your personal data that you have provided to us in a structured, common and machine-readable format or to request the transfer to another controller; and
    complain to a supervisory authority in accordance with Art. 77 DSGVO. As a rule, you can contact the supervisory authority of your usual place of residence or workplace or our registered office for this purpose. The supervisory authority responsible for our registered office is:

The Hessian Data Protection Commissioner, Gustav-Stresemann-Ring 1, 65189 Wiesbaden, Germany.

If your personal data is processed on the basis of legitimate interests pursuant to Art. 6 (1) p. 1 lit. f DSGVO, you have the right to object to the processing of your personal data pursuant to Art. 21 DSGVO, provided that there are grounds for doing so that arise from your particular situation.

If you wish to exercise your right to object, simply send an e-mail to herber@anwaelte-da.de.

Information on data processing within the scope of client processing by our lawyers

Information on data processing within the scope of mandate processing by our notaries public

Information on data processing within the scope of mandate processing by our notaries public

This privacy notice applies to data processing by:

  1. Notary Dr. Wulf Albach,
  2. Notary Dr. Stefan Landzettel,
  3. Notary Patric Schiweck,
  4. Notary Dr. Lenard Bock,
  5. Notary Dr. Henrik Jacoby,
  6. Notary Dr. Rainer Wieland,
  7. Notary Dr. Gregor Albach

(hereinafter all together: “our notaries”).

Contact details of the persons responsible for 1. to 5.:

Friedensplatz 6, D-64283 Darmstadt, Germany;
Email: info@anwaelte-da.de
Phone: +49 (0)6151 – 99440 / Fax: +49 (0)6151 – 294283

Contact details of the person responsible for 6.:

Reuterallee 25, D-64297 Darmstadt-Eberstadt, Germany;
Email: info@anwaelte-da.de
Phone: +49 (0)6151 – 78 08 0-38 / Fax: (0)6151 – 78 08 0-39

Contact details of the person responsible for 7:

Dornwegshöhstraße 6
64367 Mühltal

Email: info@anwaelte-da.de

The company data protection officer of all notaries is Mr. Olaf Herber, who can be reached at the above address or at herber@anwaelte-da.de.

When you mandate us, we collect the following information:

  • Salutation, first name, last name,
  • a valid e-mail address,
  • address,
  • telephone number (landline and/or mobile)
  • In the case of real estate contracts, your tax identification number
  • In certain cases, e.g. in the case of marriage contracts, wills, inheritance contracts or adoptions, also data on your family situation and assets as well as, if applicable, information on your health or other sensitive data, e.g. because these serve to document your business capacity
  • Your account details

Our notaries are holders of a public office. The official activities of our notaries are carried out in the performance of a task that is in the public interest in the orderly preventive administration of justice and thus in the public interest, and in the exercise of official authority (Art. 6 Para.1 Sentence 1 lit. c) of the General Data Protection Regulation (DS-GVO)).

Your data will be collected and processed exclusively in order to carry out the notarial activity requested by you and, if applicable, other persons involved in a transaction in accordance with the official duties of our notaries, i.e. for the preparation of draft deeds, for the notarization and execution of deeds or for the performance of consultations.

Personal data is therefore only ever processed on the basis of the professional and procedural provisions applicable to our notaries, which are essentially derived from the Federal Notaries Act and the Notarization Act. At the same time, these provisions also result in the legal obligation for our notaries to process the required data (Art. 6 Para. 1 S. 1 lit. c) DS-GVO). Failure to provide the data requested from you by our notaries would therefore result in the respective notary having to refuse the (further) execution of the official transaction.

The personal data collected for the mandate by our notaries will be stored until the expiry of the statutory retention obligations and then deleted, unless our notaries are required by Article 6 (1) sentence 1 lit. c DSGVO, our notaries are obliged to store the data for a longer period of time due to tax and commercial law retention and documentation obligations (from HGB, StGB or AO) as well as professional law regulations for the purpose of collision checks, or other justified interests of our notaries exist according to Art. 6 Para. 1 S. 1 lit. f for further storage or you have consented to further storage according to Art. 6 Para. 1 S. 1 lit. a DSGVO.

According to Art. 50 Para 4. NotAktVV, the following retention periods apply to the retention of notarial documents:

  • for entries in the register of deeds 100 years,
  • for entries in the custody register 30 years,
  • for the documents kept in the collection of deeds 30 years,
  • for the documents kept in the Collection of Deeds 100 years,
  • 100 years for documents kept in the electronic collection of documents,
  • 100 years for documents kept in the special collection,
  • 7 years for documents kept in the subsidiary file,
  • 7 years for documents kept in the collective file for bill of exchange and check protests, and
  • 30 years for documents kept in the general file.

According to Art. 51 NotaktVV, the following retention periods apply to documents created from January 1, 1950 to December 31, 2021:

  1. for the register of deeds, the register of inheritance contracts and the register of names to the register of deeds 100 years,
  2. for the custody book, the mass book, the list of names for the mass book and the list of escrow accounts 30 years,
  3. for the documents kept in the collection of documents, including the inheritance contracts kept separately, 100 years,
  4. for the documents kept in the auxiliary file, 7 years,
  5. for documents kept in the collection of bills of exchange and check protests, 7 years; and
  6. for documents kept in the general file, 30 years.

Our notaries are subject to a statutory duty of confidentiality. This duty of confidentiality also applies to all employees and other persons commissioned by our notaries. Our notaries may therefore only pass on your data if and insofar as they are obliged to do so in individual cases, e.g. due to notification obligations towards the tax authorities, or to public registers such as the land registry, commercial or association register, central register of wills, provident register, courts such as probate, guardianship or family court or authorities. As part of their professional and official supervision, our notaries may also be obliged to provide information to the Chamber of Notaries or their official supervisory authority, which in turn are subject to an official duty of confidentiality.

Otherwise, your data will only be disclosed if our notaries are obliged to do so on the basis of declarations made by you or if you have requested the disclosure.

You have the right:

  • in accordance with Art. 7 (3) DSGVO to revoke your consent once given to us at any time. This has the consequence that we may no longer continue the data processing based on this consent for the future;
  • to request information about your personal data processed by the respective notary in accordance with Art. 15 DSGVO. In particular, you may request information about the processing purposes, the category of personal data, the categories of recipients to whom your data have been or will be disclosed, the planned storage period, the existence of a right to rectification, erasure, restriction of processing or objection, the existence of a right of complaint, the origin of your data if it has not been collected from us, and the existence of automated decision-making, including profiling, and, if applicable, meaningful information about its details;
  • pursuant to Art. 16 DSGVO, to request the correction of incorrect or incomplete personal data stored by us without undue delay;
  • pursuant to Art. 17 DSGVO, to request the erasure of your personal data stored by us, unless the processing is necessary for the exercise of the right to freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the establishment, exercise or defense of legal claims;
  • pursuant to Art. 18 DSGVO, to request the restriction of the processing of your personal data, insofar as the accuracy of the data is disputed by you, the processing is unlawful, but you object to its erasure and we no longer require the data, but you need it for the assertion, exercise or defense of legal claims or you have objected to the processing pursuant to Art. 21 DSGVO;
  • pursuant to Art. 20 DSGVO, to receive your personal data that you have provided to us in a structured, common and machine-readable format or to request the transfer to another controller; and
  • complain to a supervisory authority in accordance with Art. 77 DSGVO. As a rule, you can contact the supervisory authority of your usual place of residence or workplace or our registered office for this purpose.
  • The supervisory authority responsible for our registered office is:

The Hessian Data Protection Commissioner, Gustav-Stresemann-Ring 1, 65189 Wiesbaden, Germany.

If your personal data is processed on the basis of legitimate interests pursuant to Art. 6 (1) p. 1 lit. f DSGVO, you have the right to object to the processing of your personal data pursuant to Art. 21 DSGVO, provided that there are grounds for doing so that arise from your particular situation. If you wish to exercise your right to object, simply send an e-mail to herber@anwaelte-da.de.