Identity of the data controller responsible for processing

VAN HALTEREN, notaires associés SCRL is the controller of the processing of your personal data in its firm.

CBE number: 0542.505.756

Address : 13 Rue de Ligne, 1000 Brussels 

Identity of the data protection officer (DPO)

The “shared DPO department of the Notarial Profession” at the non-profit association Privanot asbl has been appointment as DPO by the controller. 

Address: 30 Rue de la Montagne, 1000 Brussels

Collection and use of personal data

Processing – As a public official, in order to carry out his activities, the Notary is required to collect and use personal data concerning you.

Your personal data are collected directly from you or taken from official databases. More specifically, because they exercise a part of the public authority, notaries have access to various sources of authentic data that are governed strictly by specific legislation. 

Data – “Personal data” means “any information relating to an identified or identifiable natural person, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data or an online identifier”. This includes in particular identification data (surname, forename, marital status, national registration number, date and place of birth, etc.), contact data (address, telephone number, etc.), economic and financial information (bank details, etc.), data relating to deeds carried out in the notary’s office and data relating to your family, social, tax and other situation that the notary is required to collect about you from official sources and administrations.  

Purposes – The Notary collects and processes personal data to ensure the legal security of the transactions with the requisite authentication, as well as for the management of entrusted files.

Disclosure of personal data

Your personal data processed by the Notary may be disclosed to other persons (“recipients”) and in particular to:

• legally authorised partners such as public services and notarial institutions to store copies of deeds and their metadata for electronic registration and to enter your data in the central registers of the notarial profession (e.g. registers for marriage contracts, wills, powers of attorney, declarations relating to the appointment of an administrator or a confidant);
• the non-profit association Fédération Royale du Notariat belge asbl (Royal Federation of Belgian Notaries) for data relating to immovable property to be entered in a notarial database intended to produce statistics and to enable notaries to assess the value of immovable property in the course of their activities; 
• the Fédération Royale du Notariat belge asbl in general for processing for statistical and scientific research purposes;
• other notaries involved in your case;
• banks involved in your case;
• other recipients, for the management and continuity of files, such as suppliers of file management software and suppliers of business intelligence software so as to improve the services provided to customers.

These data must be disclosed to these various recipients so that the Notary can comply with is legal obligations and manage your file correctly.

Protection of personal data

Scope – The processing of personal data by the Notary is subject to the provisions of Regulation (UE) 2016/679 of the European Parliament and of the Council entitled “General Data Protection Regulation”. 

This regulation concerns data processed electronically as well as data contained in paper files and documents found in the Notary’s Office, provided, however, that these files or folders are “structured according to specific criteria”. Personal data contained in electronic and paper files, wills and authentic instruments are therefore protected by said Regulation.

Lawfulness – The processing of personal data by the Notary is considered to be lawful where it is necessary, in most cases, in order to comply with a legal obligation to which the Notary is subject (such as those arising from legislation on the prevention of money laundering for instance) or for the performance of a task in the public interest with which the Notary is entrusted. 

In other cases, it is the necessary nature of the processing for the performance of a contract or pre-contractual measures to which you are a party or the Notary’s legitimate interest in improving the services rendered where business intelligence software is used, which constitute the basis for lawfulness. 

Retention period – By virtue of the principle of limiting the retention of personal data, such data may be retained only for as long as necessary for the intended purpose, in accordance with the laws applicable to the case in question and the limitation periods for real and personal actions. This retention period varies from 10 to 30 years depending on the data concerned. 

Security measures – The Notary takes various appropriate technical and organisational measures to ensure a level of security appropriate to the risk to your data. The Notary thus makes sure that access to your data by his employees and any subcontractors he may call upon is secure, that his computer network and servers are protected, that the maintenance and destruction of your data is supervised, etc.

These measures will be reviewed every three years by the aforementioned DPO by means of a technical and procedural audit of his office with regard to the principles of the GDPR.

Rights of the data subjects – Pursuant to this regulation, as a data subject concerned by the processing of personal data by the Notary, you have the right to the transparent processing of your data, the right to information and the right of access.

Under certain conditions and in strictly defined circumstances, you also have the right to rectify and remove data concerning you, as well as the right to object to their use and the right to restrict the processing. 

You may exercise your rights directly with the Notary or with the Data Protection Officer appointed by the Notary (“Département DPO mutualisé du Notariat” at the non-profit association Privanot asbl, info@privanot.be). 

Finally, if you consider that your rights are not being respected in accordance with the Regulation, you are entitled to lodge a complaint with the Supervisory Authority (Belgian Data Protection Authority, 35 Rue de la Presse, 1000 Brussels) or to take legal action.

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If you have any questions, please contact the Data Protection Officer appointed by the Notary at the following address: info@privanot.be.

This data protection policy may not be reproduced, in whole or in part, without the express prior consent of the DPO.