Data Processing Agreement

1. 1.1This data processing agreement applies between the notary practice or other partner using Custodi (‘the practice’) and Custodi Life B.V., Chamber of Commerce (KvK) number 99763699 (‘Custodi’).
2. 1.2The practice is the controller. Custodi is a processor within the meaning of Articles 4 and 28 GDPR.
3. 1.3This agreement forms part of the agreement between the practice and Custodi, to which the terms and conditions apply. In case of conflict regarding the processing of personal data, this data processing agreement prevails.

1. 2.1Subject: providing Custodi’s software to the practice for dossiers after death (Custodi Na) and registrations made with the will (Custodi Vooraf).
2. 2.2Nature: recording dossier and registration data; at the request of the authorised executor, one-time, read-only retrieval of header data (sender, subject, date) from the deceased’s mailbox; filtering, classification and reporting; export; deletion.
3. 2.3Purpose: the most complete possible inventory of the deceased’s online accounts and subscriptions for the settlement of the estate, and recording consent and wishes with the will.
4. 2.4Duration: for as long as the agreement between the practice and Custodi runs, and thereafter until the data has been deleted or returned under Article 12.

The categories of data subjects and personal data are the same as in section 3 of the privacy policy:

• the deceased: name, date of death, (optionally) date of birth, the email address of the scanned mailbox, and for each service found the sender domain, the type of message and the date;
• third parties who emailed the deceased: sender, subject and date, only in working memory during the scan; messages from individuals and healthcare senders are removed before processing; only the domain of business senders is kept;
• the executor: name, email address, account, and the type, date and checking of the proof of authority;
• testators (Custodi Vooraf): name, (optionally) date of birth, email addresses, the digital executor, wishes per category, the date of the deed and the notary;
• staff of the practice: name, email address and account.

Custodi does not process passwords of the deceased, the content of messages or attachments.

1. 4.1Custodi processes personal data only on the practice’s written instructions. Use of the software by the practice and the executor counts as such an instruction, as does this agreement.
2. 4.2If Custodi is legally required to process otherwise, Custodi will inform the practice in advance, unless the law prohibits this.
3. 4.3If Custodi considers an instruction to infringe the GDPR, Custodi will inform the practice immediately.

Everyone who has access to the personal data on Custodi’s behalf is bound by confidentiality. Custodi grants access only to those who need it for the service.

Custodi takes measures including the following:

• No storage of passwords of the deceased; the mailbox app password is used only in working memory during the scan.
• Read-only mailbox access; header data only, never content or attachments.
• Filtering of messages from individuals and healthcare senders before processing; subject lines are not stored.
• A scan starts only after the authority has been recorded and with the executor’s consent.
• Role-based access: the practice sees only its own dossiers, the executor only the dossiers for which they are authorised.
• A log per dossier of authority, consent, the scan, the end of access and exports.
• Encrypted connections (TLS) to the mail provider.
• The dossier software is accessible only on Custodi’s own equipment; deleted data is overwritten in the database.
• Automatic deletion of closed dossiers 24 months after closure.

1. 7.1The current list of sub-processors is on this page.
2. 7.2Custodi informs the practice in advance of any new or replaced sub-processor. The practice may object with reasons within 14 days. If the parties cannot agree, the practice may terminate the agreement before the change takes effect.
3. 7.3Custodi imposes the same obligations on sub-processors as in this agreement and remains responsible to the practice.

During a scan, the software connects to the deceased’s mail provider (Gmail, iCloud Mail or Yahoo Mail). That provider is the source of the data and not a sub-processor of Custodi.

Custodi does not use personal data from dossiers and registrations to train, improve or evaluate AI models, and does not provide it to others for that purpose.

1. 9.1Custodi reports a personal data breach to the practice within 24 hours of discovery.
2. 9.2The report contains what is known at that time: the nature of the breach, the categories and approximate number of data subjects and records concerned, the likely consequences and the measures taken and proposed. Custodi supplements the report as more becomes known.
3. 9.3The practice decides on notifying the Dutch Data Protection Authority and data subjects. Custodi assists.

1. 10.1Custodi assists the practice with requests from data subjects (access, rectification, erasure, restriction, portability, objection). If a request reaches Custodi, Custodi forwards it to the practice.
2. 10.2Custodi assists the practice with a data protection impact assessment (DPIA) and any prior consultation, with the information Custodi has.

After written notice with a reasonable period, the practice may carry out an audit, or have one carried out by an independent expert bound by confidentiality, to verify Custodi’s compliance with this agreement. Custodi cooperates and provides the information needed.

Within 30 days of the end of the service, Custodi deletes or returns all personal data, at the practice’s choice, unless the law requires retention. Before the end, the practice can export dossiers and registrations as PDF and in a machine-readable format (JSON).

Custodi processes dossiers and registrations in the EU. Transfers to a country outside the European Economic Area take place only with appropriate safeguards within the meaning of Chapter V GDPR and after prior notice to the practice under Article 7.

Questions about this agreement: custodilife@gmail.com.