Who is responsible for the processing of personal data at Modero?
Data Protection Officer
MODERO GERECHTSDEURWAARDERS ANTWERPEN BV NV
Antwerp Register of Legal Entities RPR 0474.215.974
Data Protection Officer: RYCKEN Tom (firstname.lastname@example.org)
Why does Modero gather personal data?
Modero provides judicial officers’ services and therefore has a legal mandate to exercise specific duties and powers. These are set out in Article 519 of the Belgian Judicial Code, and mainly include:
- Sending payment reminders and notices of default.
- Preparation and serving of judicial documents.
- Recording official statements.
- Conducting solvency assessments.
- Preparation and delivery of reports on assets.
Besides these primary activities, Modero also gathers data for the:
- Preparation of invoices.
- Compilation of statistics for reporting on the performance of services.
- Recruitment of staff.
What personal data does Modero process and why?
A. The personal data that you share with us
Modero records the contact details provided directly when clients make contact, including landline number, mobile number and e-mail address. We do this in order to provide better services and to make the process as cost-efficient as possible for you.
B. The personal data that our systems gather
Modero records all financial details (account number, account name, amount, etc.) when you make a payment to our organisation.
Modero also records data concerning solvency, such as the type of home, the condition of the home, etc., improving how we judge what steps to take.
C. The personal data that we obtain from third parties
From its clients, Modero receives all necessary data to carry out its legal duties as judicial officer (Belgian Judicial Code, Article 519). These are primarily details concerning identification (name, address, contact details), the claim and the contract, as well as background data that are necessary to respond to your questions or objections.
D. The personal data that we obtain from “authentic sources”
In providing judicial officers' services, Modero has access to the following “authentic sources”:
- Rijksregister van de natuurlijke personen [National Register]: We carry out a search to legally verify the correct identity of the citizen against whom the claim is made. This may be done repeatedly throughout the procedure as Modero must have current data.
- Centrale Bestand van Beslagberichten (CBB): This is a database of reports of seizure, delegation, transfer, collective debt settlement and objections. You can find more information here.
- Vehicle Registration Service: Modero can discover the owner of a vehicle using its registration number, or the registration number using the owner’s details. This helps us to identify the owner of any vehicle. Modero (and any other judicial officer) may only obtain this information if it has a served enforceable title against the individual, i.e. that the individual has already been informed about the ruling of the court or in the case of a notice of an obligation, the enforcement order has already been served.
- Rijksdienst voor Arbeidsvoorziening (RVA) [National Employment Office]: On presentation of a due claim, Modero can ask the RVA specific questions to gain insight into an individual’s employment and evaluate their income.
- Registry office: On presentation of a due claim, Modero can ask the registry office specific questions. For instance, Modero can enquire who owns certain real estate and the names of any registered privileged creditors.
What personal data do we pass on to whom and why?
A. Transfer to the client
On the basis of Article 519(3) of the Belgian Judicial Code, Modero has a statutory obligation to inform its clients, however we operate strictly in compliance with the principle of minimal data processing. Modero carefully considers the facts and only informs the client of such details as are effectively relevant to meet this statutory obligation.
B. Transfer to the lawyer/counsel
Details that are inextricably linked to the proceedings will also be passed on to the counsel of the commissioning party. After all, the counsel must have the writ and all documents to substantiate the debt (e.g. contract, invoice, etc.) during the hearing.
C. Transfer to other judicial officers
Territorial jurisdiction applies in the judicial officers’ sector. That means that a judicial officer may only exercise their office within their judicial district. If the individual concerned resides outside this district, then the judicial officer must refer to a colleague who is authorised in the relevant district.
D. Transfer to government bodies
In the conduct of its duties, Modero passes data to government bodies. For instance, the clerk of the court must hold the original writ of summons together with an extract from the National Register in order to schedule the procedure. The police receive lists of addresses when the judicial officer goes to conduct seizures.
E. Transfer to other processors
Strict contractual agreements are made with these parties in a processing agreement and are limited to processing in a specific way. Examples include the locksmith and the translation/interpretation agency.
How long do we store your personal data?
Modero is not allowed to store your data for longer than necessary to achieve the purpose for which it is gathered.
However, in order to fulfil its statutory obligations Modero stores the data that is used as evidence in disputes for a maximum of ten (10) years from the end of the commission. These archived data are of course only accessible within strict limits.
Once the applicable retention period(s) have elapsed, personal data are deleted or anonymised.
What are your privacy rights and how can you exercise them?
You can write to email@example.com to exercise your rights as listed below.
When receiving your request, Modero will ask for the identity of the applicant to be proven before Modero provides the requested data.
A. Your right of access
You have the right at any time to find out whether Modero processes your personal data, and if so to access the data and obtain additional information about:
- the purposes of processing;
- the relevant categories of personal data;
- the recipients or categories of recipients;
- the retention period or the criteria for determining this period;
- what your rights are;
- the right to submit a complaint to the supervisory authority;
- the source of the data;
- the existence of automated decision-making.
You also have the right to receive a free copy of the data that are processed.
B. Your right to rectify personal data
You have the right to have incomplete, incorrect, inappropriate or out-of-date personal data rectified without undue delay.
In order to keep your data up-to-date Modero therefore requests that you report any change, such as moving house, change of e-mail address or telephone number.
C. Your right to data erasure (the “right to be forgotten”, RTBF)
You have the right in the following cases and without unreasonable delay to have your personal data deleted:
- your personal data was unlawfully processed;
- your personal data must be deleted to comply with a statutory obligation;
- your personal data are no longer necessary for the purposes for which they were gathered or processed;
- you withdraw your previous consent to processing and there is no other legal basis for (continuing) processing.
D. Your right to limit the processing of personal data
You have the right to have processing of your personal data limited if one of the following aspects applies:
- You dispute the correctness of the personal data: use of the data is limited for as long as it takes to enable Modero to check whether the data are correct;
- Processing of your personal data is unlawful: instead of deleting your data, you request its use to be limited.
E. Your right to transfer personal data
You have the right to transfer your personal data. This only applies to personal data that you yourself have provided to Modero, based on consent or by agreement. In all other cases you cannot make use of this right (e.g. if processing of your data takes place on the basis of a statutory obligation).
F. Your right to object to processing of your personal data
In exceptional circumstances, you have the right to object to the processing of your personal data if the processing was in the justified interests of Modero or in the general interest. Modero shall cease processing of these personal data, unless Modero can prove urgent and legitimate grounds for processing that outweigh your interests or if the processing of the personal data is related to the establishment, exercise or substantiation of a legal claim.
How can you contact Modero?
Who is the supervisory authority?
The Belgian data protection authority is the GBA/APD. It is also the right body to handle your complaint.
Gegevensbeschermingsautoriteit (GBA)/ Autorité de protection des données (APD)
Drukpersstraat 35, 1000 Brussels
+32 (0)2 274 48 00