The protection of your personal data is a particularly important concern for orka Partnerschaft mbB (hereinafter “orka”, “we”, “us”; “our”). Hereinafter we would like to inform you about the processing of your personal data when you visit our website (www.orka.law), contact us by e-mail, contact our law firm for the purpose of a job application, and about your rights when we process your personal data.

I. General Information

In case you have given your consent to the processing of your personal data within the meaning of Art. 4 (1) General Data Protection Regulation of the European Union (“GDPR”), Art. 6 (1) (a) GDPR serves as the legal basis for the processing. The processing of personal data which we need to fulfil contractual or pre-contractual obligations is carried out on the basis of Art. 6 (1) (b) GDPR. In case the processing is necessary for the purposes of our legitimate interests or those of a third party and such interests are not overridden by the interests or fundamental rights and freedoms of you as the data subject, Art. 6 (1) (f) GDPR serves as our legal basis for the processing of personal data. Your personal data will be deleted or blocked as soon as the purpose of their processing has ceased to exist. However, further processing may take place if orka is obliged to do so by European or national legislators.

II. Controller

Controller pursuant to Art. 4 (7) GDPR and other national data privacy laws is the law firm:

orka Partnerschaft mbB
Kaistraße 6
40221 Düsseldorf
Germany
T +49 211 60035-0
www.orka.law

If you have engaged Dr. Anselm Grün in our Berlin office (Heidestraße 9, 10557 Berlin) in his capacity as notary, he is the controller pursuant to Art. 4 (7) GDPR and other national data privacy laws.

III. Data Protection Officer

The Data Protection Officer of the controller is:

Dr. Michael Grobe-Einsler
orka Partnerschaft mbB
Kaistraße 6
40221 Düsseldorf
T +49 211 60035-450
datenschutzbeauftragter@orka.law

IV. Information About the Processing of Personal Data

1. Visit of our orka Website for Informational Purposes

If you visit our website for informational purposes only, our servers automatically store data about the accessing system. This information is necessary for technical reasons – to enable us to display our website and to ensure the stability and security of our website. The following data will be processed automatically when you visit our website:

• Information about the browser type and version used;
• Your operating system;
• Your Internet service provider;
• Your IP address;
• Date and time of access;
• Websites from which your system is brought to our website;
• Websites accessed by your system via our website.

The legal basis for the processing of such data is Art. 6 (1) (f) GDPR. The purpose of processing the aforementioned data is to make our website accessible, to resolve potential technical problems as quickly as possible, and to prevent misuse of the offer. In addition, orka uses the data in anonymous form for statistical purposes. Our legitimate interest in processing pursuant to Art. 6 (1) (f) GDPR lies in these purposes. The data will be deleted as soon as they are no longer necessary to achieve the purpose for which they were processed. With regard to the data required for the provision of the website, this is the case when the respective session has ended. The collection of data for the provision of the website is essential for the operation of the orka website. Therefore, you have no right of objection in this regard.

2. Cookies

The website of orka uses only necessary cookies. Cookies are small text files which are automatically stored on your end device when you visit our website. Cookies cannot harm your end device and, in particular, do not contain any viruses or Trojans. Cookies enable orka to design the website in an attractive way and to facilitate the use of the website.

The information stored in the cookies is not used to identify the user and is not merged with other personal data.

The orka website uses transient cookies and persistent cookies: Hereafter, we would like to inform you in more detail about their scope and functionality. Transient cookies are automatically deleted when you close your browser. They include session cookies in particular. Session cookies store a session ID by means of which various requests from your browser can be assigned to the shared session. For instance, this enables us to recognize that you have already visited individual pages of our website. The session cookies are deleted when you log out or close your browser. Persistent cookies are automatically deleted after a specified period, which differs depending on the cookie. You have the option to delete cookies at any time in the security settings of your browser.

Most browsers automatically accept cookies. However, you can configure your browser settings according to your wishes and, thereby, for instance, refuse the acceptance of third party cookies or all cookies in general. However, we would like to point out that in this case you may not be able to use all functions of our website without restriction.

The legal basis for the processing of personal data using cookies is Art. 6 (1) (b) GDPR. Our legitimate interest lies in the user-friendly provision of our website and the improvement of the quality and content of our website.

3. Newsletter

If you wish to receive our e-mail newsletter informing you about current professional topics and events of our law firm, you can give us your consent in this regard. After you have given us your consent to send you a newsletter, we will inform you regularly by e-mail about current legal updates and events of orka. For this purpose, we will store your e-mail address and your name as well as your contact details. The legal basis for this is Art. 6 para. 1 lit. a GDPR. You can revoke your consent at any time with effect for the future. In this case, we will no longer send you a newsletter.

4. Registration and participation in events

If you register to participate in an event, the data you provide will be processed by orka for the purpose of planning, implementing and following up on the event. The legal basis for this is Art. 6 Para. 1 lit. a DSGVO. Your data will be processed until the purpose is achieved and then deleted. You can withdraw your consent at any time with effect for the future.

5. Alumni network

If you have registered for the alumni network on our website, orka processes the corresponding data for the purpose of registration or verification of registration and for sending invitations to alumni events and the corresponding implementation. The legal basis is Art. 6 para. 1 lit. a GDPR. You can withdraw your consent at any time. Your data will be processed for the duration of the above purpose or until you withdraw your consent.

6. Contact with Press and New Business Enquiries

If you contact us for press and new business enquiries by e-mail, your e-mail address will be saved so that we can answer your enquiry. In addition, we save the data you voluntarily send us in the e-mail, such as name and address, if this data is also required for processing your request. The data will be deleted if they are no longer necessary to achieve the purpose for which they were collected, or we restrict processing in case of a legal obligations to retain data. In general, this is the case after having processed your request. The data will be deleted by us at the latest one year after the last contact with you. This does not apply if we are legally obliged to store your data or if a client relationship develops between you and orka as a result of your contact with us and we are therefore legally obliged or entitled to continue processing your personal data. In this case you will be separately informed about the processing of your personal data. The legal basis for the processing of your data which you submit to orka upon establishment of contact is Art. 6 (1) (b) GDPR.

7. Contact for Job Application Purposes

If you have applied by e-mail to a job advertisement of orka, or send us an online application by e-mail on your own initiative, the following personal data will be processed by orka:

• Surname and name, title, as the case may be;
• Nationality;
• Marital status, as the case may be;
• Date of birth, as the case may be;
• Address, phone number, e-mail address;
• Qualification-related information such as graduations and degrees, academic achievements and other information contained in the CV, such as stays abroad and social commitment;
• earliest entry date;
• Your photo, as the case may be.

Insofar as your data are necessary for the execution of the application procedure, Art. 88 GDPR in connection with Art. 26 Federal Data Protection Act of 2018 (Bundesdatenschutzgesetz n.F. – “BDSG”) forms the legal basis for the processing of your data.

If your application was successful and you are employed by orka, your data will be stored for the duration of your employment. After your departure from orka, we will process your data for evidence purposes for a maximum of three years.

In case your application was not successful, your personal data will be processed for evidence purposes for a maximum of six months after completion of the application procedure; it will be subsequently deleted. We would like to continue processing your data in order to contact you if we have a suitable position for you in the future and to inform you about recent information concerning orka. You can give us your consent to the processing of your personal data for this purpose. The legal basis for the processing in the case of consent is Art. 6 (1) (a) GDPR. You may withdraw your consent at any time with future effect. In this case, we will delete your personal data and refrain from contacting you. Irrespective of a withdrawal of your consent, your data will be deleted even if we have not had any contact with you for more than three years.

V. Your Rights

If your personal data are processed, you are a data subject within the meaning of the GDPR. You therefore have various rights against us as the responsible controller. Hereinafter, we would like to inform you about your rights:

• You have the right to request information as to whether and which personal data we process with regard to your person.
• If the legal requirements are met, you have the right to request rectification and erasure of such data.
• You have the right to a restriction of the processing of your personal data.
• You have the right to object to the processing or the use of your personal data for purposes of advertising or market and opinion research as well as address trading and business-like data processing.
• You have the right to object to the processing of your personal data at any time for reasons arising from your particular situation. This does not apply if we are obliged or entitled by law to process this data.
• You have the right to withdraw your prior consent to the processing of your personal data at any time with future effect. The withdrawal of consent shall not affect the legality of the processing carried out on the basis of the consent until the withdrawal.
• Furthermore, you have a right to data portability.
• To exercise your aforementioned rights, you can contact us by e-mail via datenschutzbeauftragter@orka.law or by sending a letter to orka Partnerschaft mbB – Data Protection Officer –, Kaistrasse 6, D-40221 Düsseldorf.
• Furthermore, without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority (the State Officer for Data Protection and Freedom of Information of North Rhine-Westphalia) about the processing of your personal data by us.

VI. Version and Changes to this Data Privacy Statement

Version of this data privacy statement is May 2018. Due to the further development of the orka website or due to legal and official requirements, it may be necessary to change this data protection declaration. Future changes to our privacy policy will be posted on this website. Please check regularly for updates or changes to our privacy policy.

Supplementary information on data protection with regard to the notary

Personal data may be processed in connection with the activities of the notary Dr Anselm Grün. In the following, I provide information about the processing of personal data and the rights of the persons concerned.

I. Person responsible for data processing

Notary Dr. Anselm Grün
Heidestraße 9
10557 Berlin
T +49 30 509320-0
notar@orka.law

II. Data Protection Officer

The Data Protection Officer of the controller is:
OK Legal IT GmbH
Kaistr. 4a
40221 Düsseldorf
datenschutz@oklegalit.com

III. Purpose and scope of data processing

The activities of the notary Dr Grün are carried out in the exercise of a public office. In connection with these notarial activities, personal data is processed for the purpose of fulfilling legal obligations (Art. 6 para. 1 lit. c GDPR) arising from the applicable statutory provisions (in particular the Federal Notarial Code, Notarisation Act, NotAktVV, DONot) and for the purpose of performing public duties which are in the public interest or in the exercise of official authority (Art. 6 para. 1 lit. e GDPR). Your data will be processed exclusively in order to carry out the notarial activity requested by you and any other persons involved in a transaction in accordance with the notarial official duties, i.e. for the preparation of draft deeds, for the notarisation and execution of deed transactions or for the execution of consultations or the certification of signatures with or without a draft.

If I take photographs of identity documents, this is done on the basis of the prior consent of the respective identity document holder (Art. 6 para. 1 lit. a GDPR).

The provision of personal data is regularly required so that the notarial activities of the notary Dr Grün can be carried out. If the necessary personal data is not provided, the notarial activities cannot be carried out. Personal data will only be processed insofar as this is necessary in order to carry out the respective notarial activity in accordance with the notary’s official duties.

IV. Data categories and origin of the data

In the context of notarial activities, only those personal data are processed that are necessary for the performance of the respective notarial activity, including, depending on the individual case,

• Master data (e.g. first and last name, date of birth, sometimes also place of birth, nationality, marital status);
• Contact details (e.g. address, telephone number, e-mail address)
• Tax data (e.g. tax identification number);
• Billing data (e.g. bank data);
• Data on family circumstances (e.g. marital status, data on family members);
• Data on legal relationships with third parties (e.g. data relating to contracts with third parties).

The personal data that I process in the course of my notarial activities is generally obtained from the person concerned themselves or from third parties commissioned by them (e.g. lawyer, tax consultant, estate agent, bank). In addition, I may receive personal data from public registers (e.g. land register, commercial register).

V. Duration of storage

I store personal data for the duration of the existence of statutory retention obligations (Art. 6 para. 1 lit. c GDPR in conjunction with the applicable statutory provisions).

In accordance with Section 50 (1) Notakt VV, the following retention periods apply to documents created from 1 January 2022:

• 100 years for entries in the register of deeds,
• 30 years for entries in the custody register,
• 30 years for the documents held in the document collection,
• 100 years for the documents held in the collection of inheritance contracts,
• 100 years for the documents stored in the electronic document collection,
• 100 years for the documents held in the special collection,
• 7 years for the documents stored in the ancillary file,
• 7 years for the documents kept in the collective file for bill and cheque protests and
• 30 years for the documents stored in the general file.

According to Section 51 (1) Notakt VV, the following retention periods apply to documents created before 1 January 2022:

• for the register of deeds, the register of inheritance contracts and the index of names to the register of deeds 100 years,
• 30 years for the custody ledger, the mass ledger, the list of names for the mass ledger and the escrow account list,
• 100 years for the documents held in the Collection of Deeds, including inheritance contracts kept separately,
• 7 years for the documents stored in the ancillary file,
• 7 years for documents held in collections for bill and cheque protests and
• 30 years for the documents stored in the general file.

For further details on retention periods, exceptions and extension options, see §§ 50, 51 NotAktVV. In addition, personal data is only stored due to retention obligations under commercial or tax law as well as professional obligations for the purpose of conflict of laws checks.

VI. Disclosure of personal data

Personal data is always passed on in compliance with the applicable duty of confidentiality and only in individual cases where there is a legal obligation to pass it on, e.g.

• due to notification obligations to authorities and courts (tax authorities; public registers such as the land registry, commercial register or register of associations, central register of wills, register of precautionary measures; probate, care or family court);
• Information to the Chamber of Notaries or the supervisory authority.

Personal data will only be transferred to recipients in third countries (outside the EU/EEA) if the parties involved in a notarial activity are based in a third country.

VII. Rights of the data subjects

Data subjects whose personal data I process have the following rights under data protection law if the respective legal requirements are met:

• Right to information (Art. 15 GDPR),
• Right to rectification of inaccurate personal data (Art. 16 GDPR),
• Right to erasure (Art. 17 GDPR),
• Right to restriction of data processing (Art. 18 GDPR),
• Right to data portability (Art. 20 GDPR).

Right of objection:

Under certain circumstances, you also have the right to object to the processing of personal data (Art. 21 GDPR). Right to withdraw consent:

If personal data is processed on the basis of consent (Art. 6 para. 1 lit. a, Art. 9 para. 2 lit. a GDPR), data subjects have the right to withdraw their consent at any time with effect for the future. The lawfulness of the data processing carried out on the basis of a given consent until the revocation remains unaffected.

Right to lodge a complaint with a supervisory authority:

Data subjects also have the right to lodge a complaint with a data protection supervisory authority (Art. 77 GDPR).