In May 2018, the European General Data Protection Regulation entered into force.
We are therefore obliged to inform you about the collection of your personal data by us.
The following information will give you an overview of the processing of your personal data and your rights under the GDPR.
Name and address of the Controller
The controller within the meaning of the General Data Protection Regulation and other national data protection laws of the member states as well as other provisions of data protection law is:
Erben-Ermittlung Emrich Zossen GmbH & Co. KG
Am Marktplatz 7/8
Phone: +49 (0)3377 3305522
Fax: +49 (0)3222 6888062
Address of the Data Protection Officer
You can reach the data protection officer at the following contact details:
Am Marktplatz 7/8
Phone: +49 (0)3377 3305522
Fax: +49 (0)3222 6888062
Purposes of data processing
We process your personal data for the purpose of the commercial investigation of persons in inheritance matters in the context of probate proceedings. Besides the research of the complete heir-community, i.e. all persons entitled to inherit, this includes in particular also the rendering of proofs of succession for all potential heirs represented by us as well as the realisation of their claims according to the certificate of inheritance issued by the probate court.
Categories of processed personal data
We process the following categories of your personal data: full name (surname, first name, salutation name changes if applicable, alias, title); address data (street, house number, postal code, city, country, as well as outdated address data) and contact information (telephone number, mobile phone number, fax number, email address, communication language); data proving inheritance entitlement (relationship to the decedent) including biographical data (such as civil status, occupation, gender, citizenship, in rare cases religious and military affiliation); contractual and representation data; estate details (including case number, reference number, inventory of the estate, proofs of inheritance, inheritance quotas), bank account information for distribution (IBAN, BIC).
Recipients of processed personal data
In order to carry out the above-mentioned purposes, your personal data will be transmitted – only to the extent necessary in each case – to the following categories of recipients:
• Employees of the Emrich Group involved in case processing;
• Partner firms and correspondents involved in case processing when the inheritance matter goes abroad;
• Probate court and estate administrator in the context of probate proceedings;
• Public offices, authorities, archives, and other relevant research bodies for completing the community of heirs and preparing the application for the certificate of inheritance;
• Lawyers, notaries, and courts, as well as co-heirs within the scope of the probate proceedings;
• Lawyers, notaries, public offices, authorities, courts, and banks within the scope of the estate settlement.
Sources of processed personal data
Erben-Ermittlung Emrich collects the above-mentioned personal data from publicly accessible directories (e.g. telephone and branch directories, commercial registers), from generally accessible sources (e.g. the Internet), and from generally accessible publications (e.g. Federal Gazette, local family books, daily newspapers, etc.). In addition, Erben-Ermittlung Emrich collects personal data from the persons concerned, co-heirs, and other relatives. Furthermore, Erben-Ermittlung Emrich collects personal data from sources that are not publicly accessible, such as registers of civil status, archive materials, court files, population registers, etc. In order to gain individual access to these data, Erben-Ermittlung Emrich proves the legitimate or legal interest in each case.
We will only transfer personal data to so-called third countries, i.e. countries outside the European Union (EU) and the European Economic Area (EEA), if the nature of the respective estate matter so requires, for example:
1. to perform a contract between the data subject and the controller or to implement pre-contractual measures at the request of the data subject (Art. 49 para. 1 lit. b GDPR),
2. to conclude or perform a contract concluded in the interest of the data subject between the controller and another natural or legal person (Art. 49 para. 1 lit. c GDPR)
3. to establish, exercise or defend legal claims. (Art. 49 para. 1 lit. e GDPR),
This may be the case, for example, if the decedent lived abroad.
Depending on the nature of the case and the third country involved, an adequacy decision by the Commission (Art. 45 GDPR) or the use of standard data protection clauses (Art. 46 para. 2 lit. c GDPR), which can be viewed at https://ec.europa.eu/info/law/law-topic/data-protection_en, may also serve as the basis for the data transfer.
Planned duration of storage
If a certificate of inheritance is issued in an inheritance matter, we will retain the personal data for 30 years after the issuance of the certificate of inheritance for reasons of liability (cf. §§ 2018, 197 Paragraph 1 No. 2 BGB).
Should we be unable to close the case successfully, the personal data will be deleted as soon as possible, at the latest after expiry of any existing legal deadlines. For example, there are obligations to store data in accordance with § 257 of the German Commercial Code (HGB) and § 147 of the German Tax Code (AO).
Legal basis for the processing of your personal data
The lawfulness of the processing of your personal data results from:
1. The necessity for the performance of a task carried out in the public interest pursuant to Art. 6 para. 1 lit. e GDPR;
2. The legitimate interest of Erben-Ermittlung Emrich pursuant to Art. 6 para. 1 lit. f GDPR. Here: Business interest;
3. If applicable, the necessity for the performance of a contract pursuant to Art. 6 para. 1 lit. b GDPR as well as for the compliance with a legal obligation pursuant to Art. 6 para. 1 lit. c GDPR.
There shall be no automated decision-making, including profiling, under Article 22(1) and (4).
Pursuant to Art. 15 GDPR, you have the right of access to personal data concerning yourself. In addition, you have the right to exercise your rights of rectification, cancellation or, if cancellation is not possible, limitation of processing, transferability, and opposition to processing in accordance with Articles 16-21 GDPR. Should you wish to exercise these rights, please contact our data protection officer at the above-mentioned contact details.
We would kindly ask you to also contact our data protection officer if you are of the opinion that the processing of your personal data does not occur in compliance with the data protection laws. You have the right to lodge a complaint with a supervisory authority about the processing of your personal data at any time if you are of the opinion that a violation of GDPR or BDSG nF has occurred.