Certified financial consultant
Martin Gutsche
Attorney and notary, tax advisor
Certified tax law attorney
Certified inheritance law attorney

Data protection

Data protection according to the General Data Protection Regulation


Notice on the processing of personal data

(Information according to Article 13 and Article 14 of Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 (EU General Data Protection Regulation (- EU GSDVO)


We take the protection of your personal data seriously. In this data protection declaration we would like to inform you in detail which data of the users of this website is collected, processed and used for which purposes and which rights you are entitled to.

The responsibility


The responsibility for the lawful collection, processing and use of your data is borne by Martin Gutsche, lawyer and notary, tax consultant.

As the person responsible in this respect, he processes personal data that he receives from the parties themselves or from third parties commissioned by them (e.g. lawyers, tax consultants, brokers, banks).


You can find the laws referred to in this notice on the Internet at http://www.gesetze-im-internet.de (federal law), http://gesetze.berlin.de (state law of Berlin) and http://eur-lex. europa.eu (European Union law) in the currently applicable version.



1. Who is responsible for data processing and who can I contact?


a.) Responsible authority

Your personal data will be processed by Diplom-Finanzwirt Martin lawyer and notary, tax consultant, Hohenzollerndamm 123, 14199 Berlin, Tel: (030) 810 56 77-0.


b.) Your contact for questions about data protection is the notary or the data protection officer


You can contact the data protection officer:


By e-mail to the following address: datenschutz@gutsche-notar.de

or via the following postal address:


Diplom-Finanzwirt Martin Gutsche, lawyer and notary, tax consultant,

Hohenzollerndamm 123, 14199 Berlin.


This person is exclusively responsible for data protection issues.


2. What are the sources of your personal data and for what purposes do we process them?

We mainly process personal data that we have received from you. In addition, we process - insofar as it is necessary for the fulfillment of the activities for which we are responsible - personal data that we collect from other authorities or third parties on a legal basis or with your consent or that we receive from them.

The processing can also include special categories of personal data within the meaning of Article 9 Paragraph 1 of Regulation (EU) 2016/679 (EU General Data Protection Regulation – EU DSGVO).


3. On what legal basis do we process your data?

We process personal data on the basis of Article 6 Paragraph 1 lit. e) EU DSGVO, Section 3 of the Berlin Data Protection Act and in accordance with the other provisions of the EU DSGVO, the Berlin Data Protection Act and other relevant laws (in particular the Federal Notary Public Act) as well as the ordinances and implementing regulations issued on the basis of these laws. Your personal data will be used to carry out activities that are in the public interest or in the exercise of official authority that has been assigned to the notary.




4. Who is your personal data disclosed to?

Diplom-Finanzwirt Martin Gutsche, lawyer and notary, tax consultant only discloses your personal data to his employees and third parties on the basis of legal regulations [e.g. due to notification obligations to the tax authorities, or to public registers such as the land registry, commercial register, central register of wills , pension register, courts or authorities) open or if you have given your express consent. Within the framework of professional and administrative supervision, there may also be an obligation to provide information to the chamber of notaries or the administrative supervisory authority, which in turn are subject to an official duty of confidentiality.

Within the office, those persons who deal with the processing of the matters mentioned or who are to be notified will have access to your data.

We only transmit personal data to places outside the office to fulfill legal obligations or with your consent.


5. Usage and storage of personal data by using our website as well as type and purpose of processing

When visiting my website www.gutsche-notar.de the browser used on your device automatically sends infor-mation to the server of our website. This information is temporarily stored in a so-called log file. The following information will be collected without your intervention and stored until auto-mated deletion:

•          IP address of the requesting computer

•          Date and time of access

•          Name and URL of the retrieved file

•          Website from which access is made (referrer URL)

•          The browser used and, if aplicable, the operating system of your computer and name of your ac-cess provider


The data mentioned are processed by us for the following purposes:

•          Ensure a good connection of the website

•          Ensure comfortable use of our website

•          Evaluation of system security and stability as well as

•          for further administrative purposes.



6. How long do we store your personal data?

The processing and storage of your personal data takes place within the legal storage requirements. According to § 5 paragraph 4 service regulations for notaries (DONot), the following retention periods apply:

·       Roll of documents, list of inheritance contracts, list of names for the roll of documents and collection of documents including the separately stored contracts of inheritance (§ 18 Para. 4 DONot): 100 years,

·       Custody book, mass book, list of names for the mass book, list of escrow accounts, general files: 30 years,

·       Ancillary files: 7 years; the notary can determine a longer retention period in writing at the latest when the content is last processed, for example in the case of wills or in the event of the possibility of recourse; the provision can also be made generally for individual types of legal transactions.


After the retention period has expired, your data will be deleted or the paper documents destroyed, unless a longer period applies under other statutory provisions.


7. What rights do you have in relation to the notary?

In order to be able to protect your personal data effectively, data protection law grants you a number of rights that you can assert against the notary:


a.) Right of information, Article 15 EU DSGVO.

According to Article 15 Paragraph 1 EU-DSGVO you have the right of information as to whether we are processing your personal data. If this is the case, you are entitled to further information (Article 15 (2) EU DSGVO). The right to information is limited by the right of third parties to protect their personal data (Article 15 (4) EU DSGVO).



b.) Right to correction, deletion or restriction of processing Articles 16, 17 and 18 EU DSGVO

According to Article 16 EU DSGVO you have the right to demand the correction of incorrect data and the completion of incomplete data - also by means of a supplementary declaration - without delay.

In accordance with Article 17 EU DSGVO, you have the right to have your personal data deleted if the processing of your personal data is not or no longer permissible. This is the case, for example, if the retention periods for the relevant procedural files have expired, in which case we will destroy the files ex officio without being asked anyway.

Under the conditions of Article 18 EU DSGVO, you have the right to restrict the processing of your personal data.


c.) Right to object, Article 21 DSGVO

In accordance with Article 21 EU DSGVO, you have the right to object to the processing of your personal data for reasons that arise from your particular situation. In such a case, we may only continue processing your data if there is a compelling reason. A compelling reason can arise in particular from laws that require processing to comply with professional regulations or force us to continue processing for other reasons, such as statutory file retention periods or other special statutory regulations.


8. Updating and changing this data protection


This data protection is currently valid and is valid as of January 2023. Due to further development of our website or due to changed legal or regulatory requirements, it may be necessary to change this data protection.