PRIVACY RULES
According to art. 13 Reg. UE n. 679/2016 GDPR and art. 13 D. Lgs. n. 196/2003
The notary is a public official who has an institutional role of guarantee and impartiality; has the task of giving public faith to the acts between private individuals and the information contained therein, so that anyone can rely on them. At the same time, it ensures the control of the legality of the acts and a qualified legal assistance, aimed at ensuring that the stipulated acts achieve the result desired by the Parties as far as permitted.
Data collection
To carry out his function, the notary must use some data concerning you and any other interested parties. This is personal and / or asset information that will be processed both electronically and manually. The information can be provided directly by you or by another interested party, or collected from third parties, mostly by contacting archives mainly held by public subjects, and more rarely private ones.
Depending on the nature of the assignment, the notary will then consult (or have consulted) the Land Registry, the Real Estate Registers, the Business Register, the Civil Status, the Registry and other similar Public Registers, obtaining the information needed for the correct performance of the assignment. The registers consulted may in some cases be located abroad, for example if the notary is required to receive a deed when a foreign company intervenes.
This information, collected to the extent strictly necessary for the notarial function, the assignment received and the consequent accounting, tax and insurance obligations, will be kept at the firm for the established period of the respective sector regulations (for example: notarial law for original documents , civil code for advertising obligations, fiscal and tax legislation for billing and accounting data, anti-money laundering legislation for information relating to due diligence); without this information, the notary will not be able to carry out the task entrusted to him. The data concerning you are acquired from time to time to the extent necessary for the purposes of the individual acts or operations, to which they remain associated in our archives, both paper and computerized. For some services we use subjects of our trust, as data controllers, who carry out tasks of a technical and / or organizational nature on our behalf. Their list is constantly updated and can be consulted easily and free of charge by asking the study staff.
Data communication
The notary is in turn required to communicate certain data to public entities: this occurs only in the cases provided for by the law and strictly adhering to the procedures established by the law. The data transmitted will mostly update those same public registers from which most of the data concerning you and any other parties involved in the act was taken.
The transmissions take place mainly electronically through structured data, making use of the IT and telematic tools installed in the office; Italian notaries have created a special confidential and protected telematic network, with national coverage, and an exclusive digital signature system, governed by their own Certification Authority, in order to guarantee citizens maximum security also in this area.
Personal data will, for example, be communicated to:
• to the Revenue Agency formerly the registry office (Ministry of Economy and Finance) for the purpose of tax registration of the contract;
• to the Office of the Territory formerly holding the property registers and land registry office (Ministry of Economy and Finance) for the purpose of transcribing the contract and its transfer;
• to the Civil Status Office, for the formalities of competence (for example the annotation in the margin of the marriage deed of the separation of property agreement);
• to the Register of Companies, for the establishment of partnerships and capital companies, amendments to statutes and agreements, transfers of company shares and similar operations.
The archives of the individual Public Offices are accessible with specific procedures regulated directly by the Law; mainly these are Public Registers that can be consulted by anyone.
The notary, in his capacity as data controller, does not intend to transfer your personal data to a third country.
The personal data of the notary's clients will also be collected and processed in a structured form for compliance with anti-money laundering and anti-terrorism legislation (Legislative Decree 109/2007 and 231/2007, implementation rules, additions and amendments) and subsequent processing. by the competent public entities.
Special categories of personal data
Pursuant to articles 9 and 10 of EU Regulation no. 2016/679, you could give the notary for the execution of the assignment data that can be qualified as "particular categories of personal data", that is, those data that reveal "racial or ethnic origin, political opinions, religious or philosophical beliefs , or trade union membership, as well as genetic data, biometric data intended to uniquely identify a natural person, data relating to the health or sexual life or sexual orientation of the person "or personal data relating to criminal convictions and requested offenses By law. These categories of data may be processed only with your free and explicit consent, expressed in writing at the bottom of this information, or pursuant to Article 9, paragraph 2, letters f) and g) of EU Regulation no. 2016/679, without this information the notary will not be able to carry out the task entrusted to him.
Existence of an automated decision-making process, including profiling
The notary does not adopt any automated decision-making process, including the profiling referred to in art. 22, paragraphs 2 and 4 of EU Regulation no. 2016/679.
Incorrect or outdated data
You have the right to access your personal data at any time. Similarly, you can request the rectification or cancellation of the same or the limitation of the processing that concerns you or to oppose for legitimate reasons their specific processing, in addition to the right to data portability and the withdrawal of consent at any time without prejudice to the lawfulness of the processing based on the consent given before the revocation and without prejudice to what is specified below for the right to cancellation, also has the right to lodge a complaint with the supervisory authority identified by Italian law.
Right to cancellation (so-called right to be forgotten)
The notarial deed, like any other similar public document intended for public archives, must be kept unaltered over time in its original form, therefore the personal data conferred for the professional assignment cannot be deleted if they have been reported in registers or documents kept. according to the Notarial Law (L. 89/1913 and subsequent amendments), as acquired:
* for the fulfillment of a legal obligation that requires processing;
* in the exercise of public authority vested in the data controller;
* for archiving purposes in the public interest;
* for the assessment, exercise or defense of a right in court. "
For the same reason, any subsequent modification of the data contained therein must not and cannot involve a modification of the deed, but will be documented in its own ways. The transfer of residence, for example, will be communicated to the Registry but does not involve a modification of the notarial deed. In the same way, once the payment of a mortgage loan has been completed, the relative deed will not be destroyed, nor will any annotation be made on it, but the extinction of the guarantee that assists the debt can be advertised in the Real Estate Registers following the procedures provided for by the Law.
If the notarial deeds require, however, to be corrected due to the objective error of some of their elements, the rectification can only be carried out with a further notarial deed.
As anticipated, the data controller of your data is the notary Marco Stra, with office in Alba, Piazza Michele Ferrero n.4, to whom you can address any request.