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DSGVO in the sale of real estate

26/02/2022 · Autor: Bayreuth


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"As much as necessary, but as little as possible!" This is the principle of the General Data Protection Regulation (GDPR). What does that actually mean for the sale of real estate? When a property is sold, data is also exchanged - from contact data to credit checks. Quality brokers know what data may be collected and how to protect it.

The GDPR states in principle that everyone themselves over their data. No one may collect the data of another without his consent. If a prospective real estate buyer or buyer wants his data to be deleted, then you must be deleted. In addition, everyone has the right to receive regular information about their stored personal data. This includes, among other things:

  • The legal basis for data processing
  • The duration of data storage
  • The rights of the buyer in relation to his data

Consent to data collection

Quality brokers ask for consent under data protection law at an early stage, for example when prospective buyers request an exposé. Because for this brokers need the e-mail address of the prospective customer. For the preparation of the purchase contract, the data is also relevant to the business. Without data such as contact details, address and bank details, a sales contract cannot be drawn up. In addition, the Money Laundering Act also obliges brokers to process the data of real estate seekers.

Safeguarding data

Personal data must be treated confidentially. The documents must not lie around openly and data on the PC must be protected against unauthorized access. Likewise, the data must also not be communicated in conversations with the private or business environment.

Duty to delete

Data of interested parties who do not buy the property must be deleted immediately. No matter whether the prospect decides against the purchase or the seller against the prospect. Likewise, the buyer is entitled to the deletion of his data when they have fulfilled their purpose, that is, the real estate transaction is completed. However, in the case of data relating to the purchase contract, which are important for taxation purposes, for example, the broker is obliged to retain them for a limited period.

Quality brokers take great care to safeguard customer data. They know what data protection is all about and how to implement it. They regularly seek advice from legal and IT experts on how best to protect data so that every real estate transaction is legally secure.

Are you looking for a real estate professional to handle the legally secure sale of your property? The team of VON POLL IMMOBILIEN Bayreuth office with its real estate agents (IHK) and the office owner Mark Beyer, Certified Independent Expert for Real Estate Valuation (PersCert®), will be happy to advise you.

Find more information here:

https://dsgvo-gesetz.de/

https://www.bmwi.de/Redaktion/DE/Artikel/Digitale-Welt/europaeische-datenschutzgrundverordnung.html

https://www.bmjv.de/DE/Themen/FokusThemen/DSGVO/DSVGO_node.html

Legal notice: This article does not constitute tax or legal advice in individual cases. Please have the facts of your specific individual case clarified by a lawyer and/or tax advisor.

Photo: © privacy-stockphoto/depositphotos.com

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Mark Beyer
Hohenzollernring 73
95444 Bayreuth
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Mark Beyer [Diplom-Betriebswirt (FH), DEKRA certified expert for real estate valuation - D1, certified independent expert for real estate valuation (PersCert®)]

Hohenzollernring 73, 95444 Bayreuth
Phone: +49 (0)921 - 73 04 553
Email: [email protected]

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