Personal Data Protection Policy
START MY BUSINESS is a platform created and managed by the non-profit organisation Royal Federation of Belgian Notaries (FRNB – KFBN), whose registered office is at 30-34, rue de la Montagne in 1000 Brussels, and is registered with the Crossroads Bank for Enterprises (BCE) under the number 0409.357.321 (hereafter referred to as “Fednot” or “We”) which makes it possible for entrepreneurs to incorporate a company digitally and remotely – from the compilation of information, documents and/or data needed by the notary to draw up the draft notarial deed to the signing of the notarial deed.
Respecting your privacy and your personal data (hereafter referred to as “your Data”) is very important to us. In this regard, we continuously monitor our compliance with the relevant regulations and, more particularly, the EU General Data Protection Regulation ([EU] Regulation 2016/679, hereafter referred to as “GDPR”).
The purpose of this Policy is to inform you about the way in which we process your Data and the means available to you to control the use of such data. For any request for further information, you may contact our Data Protection Officer:
- by sending an email to firstname.lastname@example.org; or
- by sending a letter to Privanot asbl, 30, rue de la Montagne, 1000 Brussels.
This version of the personal data protection policy is likely to evolve. We will ensure that you are informed of any substantial updates..
Table of Contents
Who is responsible for the processing of your Data?
In the context of the management of the START MY BUSINESS platform and the administration of the services that are proposed on the platform, Fednot is required to process your Data alongside the Notary, both acting as “Data Controller” within the meaning of GDPR according to the processing involved.
You can obtain all the useful information regarding the processing of your Data performed by the Notary in the context of the incorporation of a company by contacting the Notary directly.
What data do we collect?
We may collect the following Data:
- platform user authentication data from the National Register or from the Crossroads Bank for Social Security: surname, given names, identification number of the National Register or Rbis;
- platform user’s profile data and details: email address, phone number, preferred language, identity of the notary’s office appointed to incorporate the company and to whom the information will be sent;
- Data which will be needed by the appointed notary’s office in order to incorporate the company:
- Identification and contact data of the founder(s) or of the professional appointed by the latter (surname, given names, date and place of birth, civil status, matrimonial property regime, phone number, email address, postal address);
- Other data concerning the founder(s) (diploma or certificate demonstrating basic management knowledge);
- Identification data of the partner of the founder(s) (surname, given names, civil status, matrimonial property regime);
- Identification data of the Representative responsible for fulfilling the registration formalities with the BCE (surname, given names);
- Identification data of the Representative who receives a power of attorney from the founder(s) at the time of the signing of the notarial deed (surname, given names, power of attorney);
- Identification and contact data of the director(s) (surname, given names, date and place of birth, phone number, email address, postal address);
- Other data concerning director(s) (type of mandate);
- Data concerning partners or shareholders (surname, given names, number of shares held in the company, type of assets contributed, value of the subscribed contribution and value of the contribution paid);
- All other data contained in the documents that the user uploads to the platform (bank attestation, business plan,…).
Some of these Data will be subject to verification by Fednot, on the notary’s behalf, when the National Register is consulted and, if necessary, will be rectified if an encoding error should be identified.
- the Data necessary in the context of the remote signing of the notarial deed: surname, given names, position (notary drawing up the document, party to the deed, etc.), identification number with the National Register or Rbis, photograph from the National Register or Rbis, mobile phone number, electronic address and preferred language.
These Data may be collected during:
- your registration on the platform (via your electronic identity card or ITSME® and the encoding of your profile Datal);
- your connections to the platform (via your electronic identity card or ITSME®);
- an update of your profile Data;
- the encoding of metadata necessary for the notary for the purpose of drawing up the notarial deed of incorporation;
- the upload of documents to the platform;
- the remote signing of the notarial deed of incorporation.
For what purposes do we process your Data and for how long do we store your Data?
By collecting your data, by storing them and by transmitting them, if necessary, to the appointed notary for the incorporation of your company, we may perform “the processing of personal data” in the meaning of GDPR.
This processing only occurs for the following purposes:
- management of the START MY BUSINESS platform and its accesses;
- supply of services as described in our Conditions of Use;
- the electronic signature of the notarial deed;
- improvement of the START MY BUSINESS platform and the services offered on the platform.
We store your Data for:
- As far as the platform user’s profile Data and the Data collected at the time of the user’s identification via an eID card reader or Itsme® are concerned:
- As long as you have a user account;
- As far as the encoded Data (metadata) and any documents uploaded to the platform which are legally necessary to enable the notary to draw up the deed of incorporation are concerned:
- 3 months from the end of the company incorporation process or after the last use of the platform by the user in the context of the incorporation of a company if the user did not complete the process. This is done so that the user is not obliged to reencode all the data when a new connection is made.
Beyond these periods, we will not store any non-anonymised data concerning you.
On what lawful bases do we process your Data?
In accordance with GDPR, the processing of your Data is based on the performance of tasks carried out in the public interest by Fednot – including the task of assisting notaries as part of their tasks as public officers – and in accordance with Article 6.1.e of GDPR.
Does Fednot use your Data for purposes other than those mentioned in point 3?
If necessary, your Data are reused by Fednot for statistical purposes or scientific research, after having been anonymised.
The ultimate purpose of any subsequent processing of Data is always to improve the service provided to the citizen by notaries.
Are your Data communicated to third parties?
Your Data are likely to be transmitted:
- to the notary’s office you previously appointed for the purpose of your company’s incorporation;
- to our external subcontractors, assigned to perform Data processing in compliance with the abovementioned purposes, with which we have ensured that the contract signed with them guarantees respect for your Data in accordance with the provisions of GDPR.
We will not transmit your Data to third parties for commercial purposes under any circumstances.
We may also be required to communicate your Data to authorities, administrations or jurisdictions if we are obliged to comply with legal provisions.
How are your Data protected?
Fednot takes all necessary measures to ensure the security and confidentiality of your Data, in particular by preventing them from being damaged, unintentionally erased or accessed by unauthorised third parties.
Furthermore, in the event of a security incident affecting your Data (destruction, loss, corruption or disclosure), Fednot undertakes to comply with the obligation to notify Data breaches, in particular to the appropriate Data Protection Authority under GDPR.
What are your rights regarding the processing of your Data?
As a data subject of the processing of Data by Fednot, you are entitled to exercise the rights granted to you by the GDPR.
You therefore have the right to a transparent processing of your Data, the right to be informed, the right of access and the right to rectification if your Data prove to be inaccurate or incomplete.
You moreover have the right to withdraw your consent at any time when consent is the sole lawful basis justifying the processing of your Data.
Under certain conditions and in strictly defined cases, you also have a right to erasure of your Data, the right to object to the use of your Data, together with the right to data portability.
You can exercise your rights with our Data Protection Officer:
- by sending an e-mail to email@example.com; or
- by sending a letter to Privanot asbl, 30, rue de la Montagne, 1000 Brussels.
If you consider that Fednot has not processed your Data in accordance with the regulations in force, you have the right to lodge a complaint with the Data Protection Authority(https://www.autoriteprotectiondonnees.be).