Política de protección de datos
- This Policy (“Policy”) sets out the 9 Data Protection Principles which NOTABLE NOTARIES LTD of Portman House, 2 Portman Street, London W1H 6D, England (“Business”) commits to comply with when processing personal data in the course of its business of providing notarial services.
- The Business has notified its data processing activities to the Information Commissioner’s Office under registration number: ZA062562.
- The Appendix contains a Glossary of the defined terms in this Policy.
2.0 Compliance with this policy
- The Business will ensure the protection of personal data in accordance with this Policy by the notaries, all personnel and suppliers.
- A breach of data protection laws by the notaries, any personnel or supplier could result not only in monetary penalties awarded against the Business but also negative publicity which could affect the Business as well as the entire notaries’ profession.
3.0 The data protection principles
- The Business shall comply with the following 9 Data Protection Principles when processing personal data.
4.0 Fairness and Transparency
The Business must process personal data fairly and provide individuals with information about how and why their personal data is processed.
- The Business must inform the data subjects about their rights and in particular, the existence of the right to request from the Business as controller access to and rectification or erasure of personal data or restriction of processing concerning the data subject or to object to processing as well as the right to data portability unless there is a legal ground for the Business as controller not to follow the data subject’s request;
- the existence of the right to withdraw consent at any time, if applicable;
- the right to lodge a complaint with a supervisory authority;
- whether the provision of personal data is a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as whether the data subject is obliged to provide the personal data and of the possible consequences of failure to provide such data; and the existence of Automated Decisions, including profiling, and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
- Where a client provides personal data of third-party data subjects to the Business, no notice will have to be provided to those third-party data subjects by the Business if such information must remain confidential subject to an obligation of professional secrecy. To the extent that no such obligation of professional secrecy applies, the Business should place a contractual obligation on each client and Supplier to ensure that such notice is provided to those third-party data subjects on behalf of the Business.
5.0 Lawful processing
The Business must only process personal data, including sensitive personal data, lawfully where it has a valid basis for the processing.
- Generally, personal data must not be processed without a legal ground. In the context of the Business, personal data are typically processed on the basis of:
- processing is necessary for the performance of a notarial, similar or associated services to which the data subject (e.g. the client) is party or in order to take steps at the request of the data subject prior to perform any of the above services;
- processing necessary for the legitimate interests pursued by a client or the Business, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject. This ground may apply to the processing of the personal data of any third-party data subjects whose personal data are provided by the client;
- a legal obligation to which the Business is subject and where compliance with such obligation necessitates the processing of personal data by the Business;
- data subject’s consent, where such consent is procured from the client; and;
- other legal grounds.
6.0 Purpose limitation
The Business must only collect personal data for a specific, explicit and legitimate purpose. Any subsequent processing should be compatible with that purpose, unless the Business has obtained the individual’s consent, or the processing is otherwise permitted by law.
- The Business will typically process:
- the personal data of its clients as required for the purposes of providing its professional services and the administration of its client relationships;
- the personal data of its Personnel as required for the administration of Personnel, if applicable;
- the personal data of its Suppliers as required for the administration of its Supplier relationships, if applicable; and
- the personal data of its clients, personnel and suppliers as is necessary in order to comply with its legal obligations.
- The Business will generally not carry out any unsolicited electronic marketing, but to the extent it does, it will have to comply with the law.
7.0 Data minimisation
The Business must only process personal data that is adequate, relevant and limited to what is necessary for the purpose for which it was collected.
- The Business should place a contractual obligation on each client to ensure that only the minimum necessary personal data is provided in connection with the professional services sought.
- Where a client provides personal data that appears excessive in connection with the professional services sought, the Business will return such personal data to the client and request that an adequate record of personal data is provided.
8.0 Data accuracy
The Business must take reasonable steps to ensure personal data is accurate, complete, and kept up-to-date.
- The Business should place a contractual obligation on each client to ensure that any personal data provided in connection with the professional services sought is accurate, complete and up to date.
- The Business will endeavour to keep an accurate record of personal data in relation to its clients and Personnel.
9.0 Individual rights
The Business must allow individuals to exercise their rights in relation to their personal data, including their rights of access, erasure, rectification, portability and objection.
- The Business will ensure that all Individual Rights Requests are correctly identified and appropriately responded to, subject to any applicable exemptions.
10.0 Storage limitation
The Business must only keep personal data for as long as it is needed for the purpose for which it was collected or for a further permitted purpose.
- The Business will keep all records as long as required by applicable law or as may be necessary having regard to custom, practice or the nature of the documents concerned. For example, the Notaries Practice Rules 2014 require that that notarial acts in the public form shall be preserved permanently. Records of acts not in public form shall be preserved for a minimum period of 12 years.
- Save for personal data included in records which must kept for a prescribed period or preserved permanently in compliance with any legal obligations to which the Business is subject, such as the obligation explained above, personal data shall be kept for no longer than necessary for the relevant purpose. For example, any Personnel records should be kept for no longer than 12 months following the termination of employment or contract, unless a longer retention is required under applicable law.
11.0 Data security
The Business must use appropriate security measures to protect personal data, including where third parties are processing personal data on our behalf.
- The Business has an obligation to put in place appropriate technical and organisational measures to ensure a level of security appropriate to the risk of the occurrence and the likely consequences of a security breach. The measures set out below are for illustration only.
- The Business will adopt the following security measures:
- Physical security measures
- ensure physical security of premises, e.g. locked office;
- keep documents in locked cabinets;
- reduce access privileges to only those needed;
- grant access to only such Personnel who need to have access in connection with their duties;
- dispose of documents using a confidential bin or through a crosscut shredder; and
- other appropriate physical security measures.
- Organisational security measures & Technical security measures:
- The Business will comply with the Policy on Appointing Suppliers.
- Physical security measures
The Business must take steps to comply with, and be able to demonstrate compliance, with the Data Protection Principles.
- The Business will implement appropriate governance processes as set out in this Policy.
13.0 Governance processes
- In order to ensure that the Data Protection Principles are implemented the Business shall adopt the following governance processes.
13.1 Documented policies
- In order to ensure compliance with Data Protection Principle 9 (Accountability), the Business shall comply with this Policy and implement such other data protection policies and establish internal governance processes from time to time as may be required in order to operate the Business in compliance with data protection laws.
- The Business will ensure, by way of training or otherwise, that Personnel carry out their tasks in a way that will ensure compliance with data protection laws. Each member of Personnel and each Supplier shall have access to this Policy, and it shall have an obligation to comply with it.
- Each Supplier will have to comply with data protection obligations in accordance with its service agreement including, where appropriate, a data processing agreement.
- The Business shall periodically review this Policy and other policies to ensure that they continue to comply with the relevant legal requirements.
- Where necessary the Business shall seek advice in order to ensure that its processes comply with data protection laws.
13.4 Third parties
- The Business shall comply with Policy: Appointing Suppliers in relation to appointing any third-party contractor or supplier who will process personal data on behalf of the Business.
- The Business will implement a process to maintain an up-to-date documented record of its processing activities by way of any appropriate means.
- Although it is envisaged that the Business will act as data controller in the majority of cases, where the Business processes personal data on behalf of another person, the Business will make sure to maintain a record of its activities as a data processor and/or data controller.
- This record should include a general description of the following:
- The identity of the Business and contact details.
- The categories of processing carried out on behalf of the third party.
- Any transfers outside the EEA.
- Where possible, a general description of the technical and organisational security measures in place.
13.6 Privacy by design
- When implementing a new processing activity, tool or functionality involved in the processing of personal data, the Business will ensure, by contractual means or otherwise, that such activity, tool or functionality is designed and built in a way that allows us to comply with the Data Protection Principles.
13.7 Complaint handling
- The Business shall implement a process to receive and handle enquiries and complaints from individuals and the supervisory authorities concerning the processing of personal data.
- The Business shall ensure that all enquiries and complaints are dealt with in a timely manner, in compliance with any applicable statutory deadlines. Please see our complaints procedure detailed at point B.4. above.
14.0 Appendix: glossary
- Anonymous data – Data which does not relate to an identified or identifiable individual, or personal data which has been rendered permanently anonymous in such a way that the individual is no longer identifiable (even if the data was combined with other data held by the Business Company).
- Automated Decision – A decision which produces legal effects, or similarly significantly affects an individual, and which is based solely on the automated processing (including profiling) of their personal data.
- Business – The business of providing notarial services.
- Controller – A party which determines the purposes and means of the data processing.
- Data – Any information which is recorded electronically or, where recorded in a manual format (e.g. on paper), is organised by reference to an individual.
- Data subject – The individual to whom the personal data relates.
- Individual Rights Request – A request from a data subject in respect of their personal data, e.g., to access, erase, or rectify their personal data, or object to its processing.
- Personal data – Any data relating to an identified or identifiable natural person. This can include (but is not limited to) names, addresses, email addresses, positions held, photographs, job applications, personnel files, occupational health records, opinions, and correspondence to and from an individual.
- Personnel – All employees of the Business at all levels, including, directors, officers, agency workers, seconded workers, volunteers, interns, agents, contractors and external consultants.
- Processing – Any operation performed on personal data, such as collection, recording, storage, retrieval, use, combining it with other data, transmission, disclosure or deletion.
- Processor – A party processing personal data on behalf of a controller, under the controller’s instructions.
- Pseudonymised data – Personal data which can only be attributed to a specific individual by combining it with additional information (such as a key or other identifier), where the additional information is kept technically and logically separate from the pseudonymised data to avoid the individual being identified. Pseudonymised data remains personal data.
- Sensitive or special categories personal data – Personal data revealing a person’s racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership; biometric (e.g. fingerprints or facial recognition) or genetic information; or information about a person’s health, sex life or sexual orientation, or relating to criminal convictions or offences (including allegations).
- Supplier – Any external vendor, supplier, consultant or similar third party engaged to provide services to the Business.