Legal notices - Data protection policy

Identity of the Data Controller

ALTER EGO, Notaires associés SRL is the Data Controller for your personal data handled within the firm

BCE number: BE0753.538.461

Address: Boulevard de la Plaine 11 - 1050 Ixelles

Identity of the Data Protection Officer (DPO)

The “DPO department for the notarial profession” of Privanot asbl has been appointed by the Data Controller as Data Protection Officer

Address: rue de la Montagne, 30, 1000 Brussels

Collection and use of personal data

Processing - As a public officer, the Notary may have to gather and use your personal data in order to perform their services.
Your personal data is either collected directly from you or comes from official databases. Because a Notary acts as an element of public authority, they have access to various sources of authentic data which are strictly controlled by specific legislation.
Data - The term “personal data” means “any information relating to an identified or identifiable natural person, in particular by reference to an identifier such as a name, an identification number, location data, or an online identifier.” This includes identification data (surname, first name, marital status, national identity number, date and place of birth, etc.), contact details (address, telephone number, etc.), economic and financial information (bank account details, etc.), data related to instruments produced within the company, data pertaining to your family, social, fiscal or other situation which the Notary must gather from official sources and government agencies.
Complete or partial reproduction of this data protection policy is prohibited without the DPO’s prior, explicit consent.
Purpose - The Notary collects and processes personal data in order to guarantee the security and legality of the transactions, ensure their authenticity as well as manage the matters entrusted to them.

Communication of personal data

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

  • legally authorised partners such as government agencies and notarial institutions for the preservation of copies of instruments and their metadata in the form of electronic records and for the recording of your data in centralised notarial registries (e.g. records of marriage agreements, wills, powers of attorney, and documents pertaining to the appointment of administrators or trusted persons);
  • the Fédération Royale du Notariat belge asbl, or Royal Federation of Belgian Notaries, for data pertaining to buildings which will be recorded in a notarial database for the generation of statistics and to enable the Notary to assess the value of properties as part of their services;
  • the Fédération Royale du Notariat belge asbl for general processing of the data for statistical purposes and scientific research;
  • other notaries involved in your case file;
  • banks involved in your case file;
  • other recipients, for purposes of case management and continuity, such as instrument management software providers and business intelligence software providers, with a view to improving the services provided to clients.

This data must be communicated to these recipients to enable the Notary to comply with their legal obligations and to manage your notarial instruments properly.

Protection of personal data

Scope - The processing of personal data by the Notary is subject to the provisions of Regulation (EU) 2016/679 of the European Parliament and Council of 27 April 2016 known as the “General Data Protection Regulation”.
This regulation applies to data processed electronically as well as to data contained in paper files and documents in the Notary’s office, provided that these files or documents are “structured according to specific criteria.” The personal data contained in electronic and paper files, in wills and in probative instruments are therefore protected by this Regulation.
Complete or partial reproduction of the this data protection policy is prohibited without the DPO’s prior, explicit consent.
Compliance with the law - The processing of personal data by the Notary is considered to be in compliance with the law when, in most cases, said processing is required to comply with a legal obligation to which the Notary is subject (such as those arising from anti-money laundering legislation) or it is necessary for the execution of a task carried out in the public interest, with which the Notary has been entrusted.
In other cases, compliance with the law is based on the necessity of processing as part of the execution of a contract or of pre-contractual measures to which you are a party, or as part of the Notary’s legitimate interest in improving the services provided, in the event that business intelligence software is used.

Data transfer - Notaries Olivier BROUWERS and Jérôme OTTE have been members of the "alter ego" association since the 1st of January 2021. Previously, they were members of the "Notalex" association. They received a partial copy of the client database from the time of the Notalex association. This is an application of the general interest (art. 6.1.e., RGPD). This process is justified in order to assist citizens in their right to freely choose a notary for each act (art. 9, § 1, Organic Law of the Notariat). Each client must be able to be assisted by the notary of his choice, which is why the notary must have access to all the data necessary to provide an optimal service. We will use those personal data’s only in accordance with the original purpose of processing and not for commercial purposes. The purpose of the partial copy of the database from the time of the "Notalex" association is to be able to provide an optimal service to the clients of the association "alter ego" who chose to be assisted by the notaries Olivier Brouwers and Jérôme OTTE.

Retention period - In accordance with the principle of limiting the retention of personal data, said data can be retained only as long as is necessary for the accomplishment of the purpose for which the data was processed, in compliance with applicable laws and according to the statutory limitations for real and personal actions.  This retention period varies from between 10 and 30 years according to the data in question.

Security measures - The Notary shall take suitable technical and organisational measures to guarantee a security level in line with the risk for your data. As such, the Notary shall ensure that access to your data by their employees and by any service providers they may hire is secured, that their IT network and servers are protected, and that your data is maintained and destroyed under their supervision, etc.
The aforementioned DPO shall examine these measures every three years by means of a technical and procedural audit of the firm in line with the GDPR principles.

Rights of data subjects - In accordance this regulation, as a person concerned by the processing of personal data by the Notary (“data subject”), you have the right to the transparent processing of your data, the right to information, and the right of access.
Under certain conditions and strictly defined hypotheses, you also have the right to rectification and erasure of the data pertaining to you as well as the right to object to the use of your data and the right to restrict processing.
You may exercise your rights directly with the Notary or their Data Protection Officer (“DPO department for the notarial profession” of Privanot asbl, info@privanot.be).
Lastly, if you believe there has been an infringement of your rights under the Regulation, you may file a complaint with the Supervisory Authority (Belgian Data Protection Authority, rue de la Presse, 35, 1000 Brussels) or seek judicial remedy.

Complete or partial reproduction of this data protection policy is prohibited without the DPO’s prior, explicit consent.

Version dated 11/10/2022

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