1. NewGround Law B.V. (NEWGROUND) only requests personal data with a view to or in connection with the following work to be performed and/or activities to be undertaken by NEWGROUND (jointly and individually referred to hereinafter as the ‘Work’):
• the drafting of (legal) documents, including, but not confined to, deeds, instruments and agreements;
• providing advice, carrying out (a) due diligence review(s) or providing other services;
• complying with statutory tasks and obligations;
• for the purposes of marketing or business development or in connection with job application procedures carried out by and for NEWGROUND; and
• for (other) purposes for which the person concerned has given his/her specific consent.
2. Data will not be used for other work without consent from the person concerned.
3. When NEWGROUND draws up a notarial deed containing personal data, NEWGROUND must comply with statutory regulations, which means, amongst other things, as follows:
• the civil-law notary is required to include certain (personal) data in the deed. These data are therefore processed on a legal basis. The civil-law notary must keep the signed notarial deed containing (personal) data in perpetuity;
• once the deed has been signed by the civil-law notary it becomes an official document. If amendments are necessary, the civil-law notary must draw up a new deed containing the amendments. This also applies if (personal) data are subsequently found not to be correct;
• the civil-law notary is required to verify certain (personal) data in the Municipal Personal Records Database [Basisregistratie Personen, “BRP”], the Trade Register of the Chamber of Commerce or the Netherlands’ Cadastre, Land Registry and Mapping Agency [Kadaster];
• the civil-law notary is required to verify the identity of the persons concerned. He/she must request to see a valid identity document for this purpose. The civil-law notary may also make a copy of this identity document, including all the data contained in the document. The civil-law notary verifies the authenticity of Dutch identity documents via the Verification Information System [VIS] of the National Credit Registration Office [Stichting BKR]; and
• personal data fall under legal professional privilege and/or professional secrecy of the civil-law notary. Unauthorised persons may not access the data.
4. Other processing of personal data by NEWGROUND is generally related to the performance of the legal, financial and/or administrative services which NEWGROUND is instructed to provide and therefore relates to the instruction for services [opdracht] given by or on behalf of a particular person (or by or on behalf of the other or co-contracting party of such person). In addition, NEWGROUND may use the data to send out invitations for events to be organised by NEWGROUND, to forward information about the latest legal developments and also for sending invoices, for example.
5. NEWGROUND may process personal data that do not originate from the person concerned, but which originate from one of the following sources, for example:
• public registers (e.g. the Trade Register of the Chamber of Commerce, Kadaster) and other sources (e.g. BRP, VIS);
• an attorney-at-law, tax adviser, financial adviser or other adviser who is (indirectly) involved with the Work; or
• publicly accessible sources (e.g. social media platforms, business websites).
6. NEWGROUND only transfers personal data to third parties in order to comply with a legal obligation, where it is necessary to carry out the Work or at the request of the person concerned. NEWGROUND discloses personal data to the following recipients, for example:
• public registers, if the law prescribes that the data must be registered in them;
• other parties or parties to a notarial deed and/or an agreement to which the person concerned is a party, for example, as well as the advisers of such other parties or interested parties;
• banks, insofar as the payment transactions related to Work that NEWGROUND has been instructed to perform are carried out by NEWGROUND; and
• processors of personal data with whom a data processing agreement has been entered into.
7. Personal data are not kept by NEWGROUND longer than necessary for the purpose for which they were collected, for the performance of statutory tasks, to ensure compliance with legal obligations or for the execution of agreements. Retention periods resulting from legal provisions apply. Notarial deeds are kept in perpetuity.
8. When your personal data are processed by NEWGROUND then, pursuant to the General Data Protection Regulation, you may exercise the rights set out in article 9 below. To exercise these rights you should submit a request (preferably in writing) using the contact details given in this privacy notice. Before NEWGROUND can handle your request, your identity must first be verified on the basis of a valid identity document.
9. You may ask at any time which personal data relating to you NEWGROUND processes, the purpose of the processing and for how long the data are kept. If you consider that certain data are not being or have not been correctly processed, you have the right to request rectification of those data. If you want your personal data to be removed or the processing to be restricted, you may submit a request for this purpose. You may also request that your personal data be transferred to another service provider if you so wish.
10. NEWGROUND does everything in its power to comply with your rights under the General Data Protection Regulation. However, in some cases these rights may conflict with other statutory regulations, such as the Civil-Law Notaries Act [Wet op het notarisambt]. If NEWGROUND is unable to comply with your request, you will be notified of this in writing.
11. If you have a complaint about the processing of your personal data by NEWGROUND, you can contact Cynthia de Witt Wijnen, by email (email@example.com) or by letter
(NewGround Law B.V., attn. Ms C. de Witt Wijnen, PO Box 7975, Amsterdam).
12. You may also submit a complaint to the supervisory authority, the Dutch Data Protection Authority [Autoriteit Persoonsgegevens]. See their website for further details: www.autoriteitpersoonsgegevens.nl