Privacy

The following information first explains how personal data is processed when you visit this website. This is followed by information on data protection in the course of our official notarial activities.

Data protection on this website

Controller

The controller responsible for data processing on this website is:

Notare Büttner eGbR
Carl-Theodor-Straße 1
68723 Schwetzingen
Germany
Phone: +49 6202 59061-11
Email: buero@notare-buettner.de

The controller is the body that, alone or jointly with others, determines the purposes and means of the processing of personal data (e.g. names, contact details or similar). The contact details of our joint data protection officer can be found below in the section “Data protection information of the notarial office”.

Hosting

This website is hosted externally. The hosting provider is Potsdam Legal Tech GmbH, Herderstr. 1, 14482 Potsdam, Germany. The website is operated on servers of STACKIT GmbH & Co. KG, Stiftsbergstraße 1, 74172 Neckarsulm, Germany, in data centres in Germany.

The personal data collected on this website is stored on the hosting provider’s servers. This may include, in particular, IP addresses, contact requests, metadata and communication data, names, website access data and other data generated via a website. Hosting is carried out in the interest of a secure, fast and efficient provision of our online services by a professional provider (Art. 6(1)(f) GDPR).

Our hosting provider processes your data only to the extent necessary to fulfil its service obligations and follows our instructions with regard to this data. We have concluded a data processing agreement (Art. 28 GDPR) with the provider, which ensures that it processes the personal data of our website visitors only in accordance with our instructions and in compliance with the GDPR.

Server log files

When you access this website, information that your browser transmits automatically is processed for technical reasons, in particular your IP address, the date and time of the request, the page accessed, and the browser and operating system used. This data is required to deliver the website and to ensure its security and stability. The legal basis is Art. 6(1)(f) GDPR.

Cookies and consent

This website uses technically necessary cookies, for example to store your choices regarding cookies and external content. The legal basis is Section 25(2) of the German Telecommunications Digital Services Data Protection Act (TDDDG) in conjunction with Art. 6(1)(f) GDPR.

We use the WordPress plugin Real Cookie Banner to manage your consent. Where you consent to the storage of cookies or to access to information on your device, processing is based on Art. 6(1)(a) GDPR and Section 25(1) TDDDG. You can withdraw or change your consent at any time with effect for the future via the cookie settings.

Contact form

If you send us a message using the contact form, the information you provide, including your contact details, will be sent to our office by email and stored by us for the purpose of processing your enquiry and in case of follow-up questions. We do not pass this data on without your consent.

This data is processed on the basis of Art. 6(1)(b) GDPR if your enquiry is related to the performance of a contract or is necessary for taking steps prior to entering into a contract. In all other cases, processing is based on our legitimate interest in the effective handling of enquiries addressed to us (Art. 6(1)(f) GDPR) or on your consent (Art. 6(1)(a) GDPR), if this has been requested; consent can be withdrawn at any time.

The data you enter in the contact form will remain with us until you ask us to delete it, withdraw your consent to its storage or the purpose for storing the data no longer applies (e.g. after your enquiry has been dealt with). Mandatory statutory provisions, in particular retention periods, remain unaffected.

Enquiries by email, telephone or fax

If you contact us by email, telephone or fax, your enquiry, including all personal data arising from it (name, enquiry), will be stored and processed by us for the purpose of dealing with your matter. We do not pass this data on without your consent. The information on legal bases and storage periods given for the contact form applies accordingly.

Google Maps

On the contact page you can display maps from the Google Maps service. The provider is Google Ireland Limited (“Google”), Gordon House, Barrow Street, Dublin 4, Ireland. The map is only loaded if you expressly request this by clicking. Only then does your browser connect to Google’s servers; this requires your IP address to be transmitted. This information is usually transferred to a Google server in the USA and stored there. When Google Maps is activated, Google may use Google Fonts to display fonts consistently.

The legal basis is your consent (Art. 6(1)(a) GDPR and Section 25(1) TDDDG). Consent can be withdrawn at any time. Data transfers to the USA are based on the European Commission’s standard contractual clauses. Details can be found here: privacy.google.com/businesses/gdprcontrollerterms and privacy.google.com/businesses/gdprcontrollerterms/sccs.

Google is certified under the EU-US Data Privacy Framework (DPF). Further information is available at dataprivacyframework.gov/participant/5780. More information on how Google handles user data can be found in Google’s privacy policy: policies.google.com/privacy.

YouTube videos

On some pages we embed videos from the YouTube platform. The provider is Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. We use the privacy-enhanced mode (youtube-nocookie.com). The video is only loaded when you expressly start it by clicking. Only then does your browser connect to YouTube’s servers; in the process, your IP address in particular is transmitted. This information may be transferred to Google servers in the USA.

The legal basis is your consent (Art. 6(1)(a) GDPR and Section 25(1) TDDDG). Consent can be withdrawn at any time. The information on data transfers to the USA given for Google Maps applies accordingly. Further information can be found in Google’s privacy policy: policies.google.com/privacy.

NOTARIUS client portal

Our website embeds the client portal of the NOTARIUS software (app.notarius.legal), which allows you to send us your details using an online form. The client portal is operated on our behalf by Potsdam Legal Tech GmbH, Herderstr. 1, 14482 Potsdam, Germany (processing on behalf of a controller pursuant to Art. 28 GDPR). If you use the client portal, your details, including the contact details you provide, are stored on servers in Germany for the purpose of processing your matter and in case of follow-up questions, and are made available to us for processing. The data is transmitted in encrypted form using transport encryption (SSL/TLS).

The data is stored solely for the purpose of processing your matter or contacting the person concerned. The data is not passed on to any other third parties. The legal basis for processing the data is Art. 6(1)(b) GDPR if your enquiry is related to the performance of a contract or is necessary for taking steps prior to entering into a contract. In all other cases, processing is based on our legitimate interest in the effective handling of enquiries addressed to us (Art. 6(1)(f) GDPR) or on your consent (Art. 6(1)(a) GDPR), if this has been requested.

The data you enter in the online form will remain with us until you ask us to delete it, withdraw your consent to its storage or the purpose for storing the data no longer applies (e.g. after your enquiry has been dealt with). Mandatory statutory provisions, in particular retention periods, remain unaffected.

SSL/TLS encryption

For security reasons and to protect the transmission of confidential content, such as enquiries you send to us as the site operator, this site uses SSL/TLS encryption. You can recognise an encrypted connection by the fact that the browser’s address bar begins with “https://” and by the padlock symbol in your browser bar. When SSL/TLS encryption is activated, the data you transmit to us cannot be read by third parties.

Data protection information of the notarial office

Status: 1 June 2023

Who is responsible and whom can you contact?

The controllers responsible for processing your personal data are we, notary Eva Ulrike Büttner and notary Walter Büttner. Each of the above notaries is the sole controller within the meaning of data protection law for the area for which he or she is responsible. For all data protection enquiries, you can contact the notary responsible in each case or our data protection officer, as follows:

Controllers
Notary Eva Ulrike Büttner
Notary Walter Büttner
Address: Carl-Theodor-Straße 1, 68723 Schwetzingen, Germany
Phone: +49 6202 59061-11
Email: buero@notare-buettner.de

Joint data protection officer
SNS Connect GmbH
Mr Markus Sextro
Address: Robert-Bosch-Straße 16, 64293 Darmstadt, Germany
Phone: +49 6151 3528838
Email: dsb@notare-buettner.de

What data do we process and where does it come from?

We process personal data that we receive from you or from third parties instructed by you (e.g. lawyer, tax adviser, estate agent, bank), such as

• personal details, e.g. first name and surname, date and place of birth, nationality, marital status; in individual cases your birth register number;
• contact details, such as postal address, telephone and fax numbers, email address;
• in the case of real estate contracts, your tax identification number;
• in certain cases, e.g. marriage contracts, wills, inheritance contracts or adoptions, also data on your family situation and your assets and, where applicable, information on your health or other sensitive data, e.g. because it serves to document your legal capacity;
• in certain cases, also data from your legal relationships with third parties, such as file references or loan or account numbers at banks.

We also process data from public registers, e.g. the land register, the commercial register and the register of associations.

For what purposes and on what legal basis is the data processed?

As notaries, we hold a public office. Our official activities are carried out in the performance of a task that lies in the public’s interest in the orderly preventive administration of justice and thus in the public interest, and in the exercise of official authority (Art. 6(1) sentence 1(e) of the General Data Protection Regulation (GDPR)).

Your data is processed solely in order to carry out the notarial activity requested by you and, where applicable, by other persons involved in a transaction in accordance with our official duties, for example to prepare draft deeds, to notarise and implement notarised transactions or to provide advice. Personal data is therefore only ever processed on the basis of the professional and procedural provisions applicable to us, which derive mainly from the Federal Notarial Code (BNotO) and the Notarisation Act (BeurkG). These provisions also give rise to our legal obligation to process the necessary data (Art. 6(1) sentence 1(c) GDPR). If you did not provide the data we request from you, we would therefore have to refuse to carry out (or continue) the official transaction.

To whom do we disclose data?

As notaries, we are subject to a statutory duty of confidentiality. This duty of confidentiality also applies to all our staff and other persons instructed by us. We may therefore only disclose your data if and to the extent that we are obliged to do so in the individual case, e.g. on the basis of reporting obligations towards the tax authorities, or to public registers such as the land registry, the commercial register or the register of associations, the Central Register of Wills, the Central Register of Lasting Powers of Attorney, courts such as the probate, guardianship or family court, or authorities. In the context of professional and disciplinary supervision, we may also be obliged to provide information to the Chamber of Notaries or our supervisory authority, which in turn are subject to an official duty of confidentiality. Possible recipients of data acting as processors are our external IT system administrator, notary software providers, our web hosting provider and NotarNet GmbH.

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

Is data transferred to third countries?

Your personal data is only transferred to third countries at your specific request or if and to the extent that a party to a deed is resident in a third country.

How long is your data stored?

We process and store your personal data within the scope of our statutory retention obligations. Under Section 50(1) of the Regulation on the Keeping of Notarial Files and Registers (NotAktVV), the following retention periods apply to notarial records:

• register of deeds, electronic collection of deeds, collection of inheritance contracts and special collection: 100 years,
• paper-based collection of deeds, custody register and general files: 30 years,
• collective file for bill of exchange and cheque protests and ancillary files: 7 years; at the latest when last working on the content of the ancillary file, the notary may specify a longer retention period in writing, e.g. in the case of dispositions upon death or where there is a risk of recourse claims; this may also be specified generally for certain types of legal transactions, such as dispositions upon death.

Once the retention periods have expired, your data will be deleted or the paper records destroyed, unless we are obliged under Art. 6(1) sentence 1(c) GDPR to store it for longer on the basis of retention and documentation obligations under tax and commercial law (under the German Commercial Code, Criminal Code, Money Laundering Act or Fiscal Code) or of professional rules for the purpose of conflict checks.

What rights do you have?

You have the right

• to request information as to whether we process personal data about you and, if so, for what purposes and which categories of personal data we process, to whom the data may have been disclosed, how long the data will be stored and what rights you have (Art. 15 GDPR);
• to have inaccurate personal data concerning you that is stored by us rectified. You also have the right to have an incomplete data record stored by us completed (Art. 16 GDPR);
• to request the erasure of personal data concerning you, provided that there is a legal ground for erasure (cf. Art. 17 GDPR) and the processing of your data is not required to comply with a legal obligation or for other overriding reasons within the meaning of the GDPR;
• to require us to process your data only to a restricted extent, e.g. for the establishment of legal claims or for reasons of important public interest, while we are, for example, examining your claim to rectification or your objection, or where applicable if we refuse your request for erasure (cf. Art. 18 GDPR);
• to object to processing where it is necessary for us to perform our tasks in the public interest or to exercise our public office, if there are grounds for the objection arising from your particular situation (Art. 21 GDPR);
• to lodge a data protection complaint with the supervisory authorities. The supervisory authority responsible for us is the State Commissioner for Data Protection and Freedom of Information of Baden-Württemberg (Landesbeauftragter für den Datenschutz und die Informationsfreiheit Baden-Württemberg), street address: Heilbronner Straße 35, 70191 Stuttgart, postal address: Postfach 10 29 32, 70025 Stuttgart, Germany, phone: +49 711 615541-0, email: poststelle@lfdi.bwl.de. A complaint may be lodged with any supervisory authority, irrespective of its competence.

Do you have any further questions? Our data protection officer will be happy to help.

Your notaries
Eva Ulrike Büttner and Walter Büttner, MBA (USQ)

Consent to the processing of emails

We agree, and have agreed, to drafts, deeds and communications being sent by email and to the associated data processing. This consent is valid even without a signature. Please note that residual risks with regard to the confidentiality and integrity of the data remain even when documents are sent in encrypted form. If you no longer wish to use this channel in future, a simple written notice to the email address buero@notare-buettner.de is sufficient.

Security and confidentiality, no ifs and buts!

Unfortunately, the daily exchange of sensitive and confidential data and documents still involves significant security gaps, for example when sending unencrypted emails or using internet platforms such as WeTransfer or Dropbox.

Not with us! Security and confidentiality are the foundation of our work and therefore a matter of course for us. For the most secure possible client communication, we therefore always send your documents by email with an encrypted attachment. We use FTAPI for this purpose.

What is FTAPI?

FTAPI Software GmbH (File Transfer Application Platform for Integration) is a German company based in Munich that develops and sells solutions for business data transfer and data storage. A large number of companies, public authorities and operators of critical infrastructure rely on FTAPI. If you are interested, you can find more information at www.ftapi.com.

How does an FTAPI delivery work?

1. We send your documents as an email attachment, securely encrypted and valid for 20 days. Please note: once the validity period has expired, the documents are deleted from our FTAPI server and can no longer be downloaded.
2. As an external recipient, you do not need to install any software for this communication channel. You are notified of the data transfer at the email address you have provided. FTAPI replaces the email attachment with a download link and stores it securely on our FTAPI server. You can then collect your documents securely from the FTAPI server.

You can send documents to us securely via our submit box.