HOW WE USE YOUR DATA
PRIVACY DISCLAIMER
Art. 13 of the EU Regulation no. 679/2016 GDPR and art. 131 of the Legislative Decree no. 196/2003
The code regarding the protection of personal data (so-called Privacy Law)
(Text edited by the National Council of Notaries)
The notary is a public official who institutionally has the role of guarantor of the law and impartiality; he has the task of providing legal legitimacy to the acts between private individuals and the information contained therein, so that anyone can rely on them. At the same time, the notary provides control as to the legality of the acts, and qualified legal assistance aimed at ensuring that the stipulated acts achieve the desired results for the Parties as far as permitted.
Data collection.
In order to carry out its function, the Notary must use certain data concerning you and any other interested parties. This is personal and/or patrimonial information that will be processed both electronically and manually. The information may be provided directly by you or by another interested party, or it may be collected from third parties, mostly in archives kept by public bodies, and more rarely by private ones. Depending on the nature of the task, the notary will therefore consult (or have consulted) the Land Registry, the Real Estate Registries, the Business Registry, the Civil Status, the Registry Office and other similar Public Registries, obtaining the information needed for the correct execution of the task. The registers consulted may, in some cases, be abroad; for example, when the notary is asked to receive a deed involving a foreign company. This information, collected only to the extent strictly necessary for the notary's function, for the assignment received, and for the consequent accounting, fiscal, and insurance obligations, will be kept at the firm for the period established by the respective sector regulations (for example: notarial law for original deeds, civil code for advertising obligations, fiscal and tax regulations for invoicing and accounting data, anti-money laundering regulations for information relating to adequate verification). Without this information, the notary cannot carry out the assignment entrusted to him. The data concerning you are acquired, from time to time, as necessary for the purposes of individual acts or individual transactions, which remain associated in our files, both on paper and digitally. For some services, we use trusted individuals as data processors, who carry out tasks of a technical and/or organizational nature on our behalf. Their list is constantly updated and can be accessed easily and free of charge by asking our staff.
Data communication.
The Notary is, in turn, obliged to communicate certain data to public bodies: this only takes place in the cases provided for by the Law and strictly adheres to the procedures provided for by the Law. The data transmitted will mostly update the same public registers from which most of the data concerning you and any other parties involved in the act has been processed. The transmissions will be mainly telematic through structured data, making use of the computer and telematic tools installed at the firm. The Italian notaries have created a special reserved and protected telematic network, with national coverage, and an exclusive digital signature system, governed by its own Certification Authority, in order to also guarantee citizens maximum security in this area.
Personal data will be communicated to:
• all’Agenzia delle Entrate già ufficio del registro (Ministero dell’Economia e Finanze) al fine della registrazione fiscale del contratto;
• the Territory Office, formerly the land registry and land registry office (Ministry of Economy and Finance) for the purposes of transcribing the contract and its transfer;
• the Territory Office, formerly the land registry and land registry office (Ministry of Economy and Finance) for the purposes of transcribing the contract and its transfer;
• the Office of the Civil Status, for the formalities of competence (for example the annotation in the margin of the marriage deed or of the separation of property agreement);
• the Register of Companies, for the incorporation of partnerships and corporations, amendments to statutes and agreements, transfers of shares and similar operations; • all the notaries belonging to the professional association "Notai Veneziani Riuniti".
The archives of the individual Public Offices are accessible through 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, has no intention of transferring personal data to a third country. The personal data of the clients of the notary's office will also be collected and processed in a structured form for the fulfilment of the anti-money laundering and anti-terrorism regulations (D.Lgs. 109/2007 The reference is to the regulation currently in force pending the entry into force of the Legislative Decree of harmonization of Legislative Decree no. 196/2003 with G.D.P.R.. 231/2007, implementing regulations, additions and amendments) and subsequent processing by the competent public bodies.
Special categories of personal data.
Pursuant to Articles 9 and 10 of EU Regulation no. 2016/679, clients can provide the notary with particular data for the execution of a task, data qualifying as "special categories of personal data", such as data revealing "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 concerning health or sex life or sexual orientation of the person" or personal data regarding criminal convictions and offenses required by law. These categories of data may be processed only with your free and explicit consent, given in writing at the bottom of this information notice, or pursuant to Article 9, paragraph 2, letters f) and g) of EU Regulation No. 2016/679, indicating that without such 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 processes, including profiling as referred to in Article 22(2) and (4) of EU Regulation No. 2016/679.
Incorrect or out-of-date data.
Lei ha diritto di accedere in ogni momento ai dati personali che La riguardano. Allo stesso modo può richiedere la rettifica o la cancellazione degli stessi o la limitazione del trattamento che la riguardano o di opporsi per motivi legittimi ad un loro specifico trattamento, oltre al diritto alla portabilità dei dati ed alla revoca del consenso in qualsiasi momento senza pregiudicare la liceità del trattamento basata sul consenso prestato prima della revoca e fatto salvo quanto di seguito specificato per il diritto alla cancellazione, ha inoltre il diritto di proporre reclamo all’autorità di controllo individuata dalla legge italiana.
Right to cancellation (so-called right to be forgotten).
The notarial deed, like any other similar public document destined for public archives, must be kept unaltered over time in its original content; therefore, the personal data conferred for the professional assignment cannot be deleted if they have been reported in registers or deeds held according to the Notarial Law (L. 89/1913 and subsequent amendments), as acquired:
* for the fulfilment of a legal obligation requiring processing;
* in the exercise of public powers vested in the data controller;
* for archiving purposes in the public interest;
* for the establishment, exercise or defense of legal claims.
For the same reason, any subsequent modification of the data contained therein should not and cannot entail a modification of the deed but will be documented in its own way. The transfer of residence, for example, will be communicated to the Registry but does not involve any modification of the notarial deed. Similarly, once the payment of a mortgage has been completed, the relevant deed will not be destroyed, nor will any annotation be made on it, but the extinction of the guarantee that supports the debt will be publicized at the Real Estate Registries following the procedures provided for by law. If the notarial acts require, however, to be corrected because of the objective inaccuracy of some of their elements, the correction can be performed only with a further notarial act.
As anticipated, the owner of the processing of your data is:
– the notary ANGELO AUSILIO, the office in Venice-Mestre, Via Cristoforo Colombo n. 5, for the deeds stipulated or authenticated by him;
– Notary PIERPAOLO DORIA, the office in Venice, Sestiere San Marco no. 3912, for the deeds stipulated or authenticated by them;
– the notary MICHELE MANENTE, the office in Marcon, Viale della Repubblica no. 10, for the deeds stipulated or authenticated by him;
– Notary SANDI MASSIMO - LUIGI, the office in Jesolo, Piazza Luigi Tenco n. 15, for the deeds stipulated or authenticated by them;
