Privacy statement & Cookie policy
This statement provides information on how our office handles personal data that is processed within the framework of the work and services.
Our contact details
Berquin Notaries
email address: mosselmans@berquin.be
Cookies
This website uses “cookies” (text files placed on your computer) to help the website analyze how users use the site. The information generated by the cookie about your use of the website may be transmitted to Berquin Notarissen’s or a third party’s secure servers. We use this information to track how you use the website, to compile reports on website activity and to provide other services relating to website activity and internet usage.
Google Analytics
This website uses Google Analytics, a web analysis service provided by Google Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States . Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage.
Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser. However, please note that if you do this you may not be able to use the full functionality of this website.
By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
Web form
When you fill in the web form on our website, we keep your data (name, e-mail address, message and your IP address) for at least one year. You can ask for this data to be deleted at any time after you have used this web form.
Our services
Our office will only collect your personal data for the following purposes:
– carrying out assignments for consultancy or other services;
– to comply with legal tasks and obligations; or
– for the purposes for which you have specifically given your consent.
Your data will not be processed for other purposes without your consent.
Personal data is requested for drawing up a notarial deed or for carrying out another assignment.
Rules on personal data in notarial deeds
If our office prepares a notarial deed containing your personal data, the notary must comply with legal regulations. These affect the processing of personal data:
1.The notary has to include certain (personal) data in the deed. Your data are thus processed on a legal basis.
2.The notary must keep the signed deed with your personal data forever.
3.Once the deed is signed by the notary, it becomes an official act. Then it may no longer be changed, even if the personal data is not correct. If any changes are necessary, the notary must draw up a new deed containing the amendment.
4.The notary is obliged to check certain (personal) data in the National Registry of Persons, Crossroads Bank for Enterprises, Land Registry, and other databases.
5.The notary is obliged to check your identity. For this purpose, he must keep a copy of valid ID, passport,… with all the data on it. Notaries are one of few professions allowed to do so.
6.Your personal data are subject to the duty of professional secrecy of the notary. Unauthorized persons are not granted access to the data.
Consultancy and other services
The following applies to the other processing of personal data by our firm:
The processing of personal data has the following purposes and corresponding legal grounds:
- Actions requested by clients;
- Inform third parties at the client’s request;
- Confirmation of authenticity of signature at client’s request.
Source of personal data processed
If our office processes your personal data, which we have not obtained from you, then this will always be done within the framework of the assignment given to us. The source of these data will then be one of the following:
- National Registry of Persons, Crossroads Bank for Enterprises
- Public registers, including the Land Registry
- Estate agent or other advisor in connection with a purchase agreement in which you are one of the parties
- Donor
- Proxy
- Testator
- Consultants, who submit an assignment on your behalf
- Intermediaries
Transfer of your personal data
Our office only passes on your personal data to others (third parties) if this is legally required or if it is necessary in order to carry out our tasks.
Our office provides personal data to the following recipients:
- Royal Federation of the Belgian Notaries (Fednot)
- Tax authorities
- Registrars, such as Land Register, courts and their registries
- Parties hired by the client, such as estate agents, financial institutions…
Personal data will not be transferred by our firm outside the EU or to any other country or an international organization.
Retention of your personal data
Your personal data will not be stored by our firm longer than necessary for the purpose for which it was collected, for the performance of statutory tasks and the fulfilment of legal obligations or the performance of agreements (including in the light of limitation periods). Retention periods from legal provisions such as the Notary Act and other compulsory retention rules are applicable.
Your rights with regard to personal data processed by us
If your personal data are processed by our firm, you can make use of the following rights under the General Data Protection Regulation.
You do this by submitting a (written) application. Before we grant your application, we will first identify you by means of a valid identity document.
Data subject’s right of access
You can always ask which personal data our office processes, for which purpose and for how long these are kept. There may be a legal basis that prevents us from responding to your request; we will assess this and inform you accordingly.
Right to rectification
If you believe that certain data have not been processed correctly, you have the right to request that this data be corrected. If this concerns data in a notarial deed, this is not possible and a new deed may have to be drawn up to supplement the incorrect deed.
Right to data erasure (right to ‘forget’)
If you want your personal data to be deleted, you can make a request. If the data is contained in a notarial deed, the notary is not allowed to remove it.
Right to restriction of processing
If you want to limit the processing of personal data by our office (in anticipation of a requested rectification of your personal data, an objection made against the processing or because you do not want your data to be deleted despite the processing being unlawful), you can submit a request to that effect.
Right to data portability
If your personal data is not processed for a notarial deed and you wish to transfer the personal data to another service provider, you can submit a request to that effect. Such a transfer is not always possible, however, as legal notarial duties may oppose it.
Complaints about the processing of your personal data by our office
If you suspect that your own personal data has been processed in a way that contravenes data protection regulations, you can lodge a complaint. To do so, please visit the website www.dataprotectionauthority.be