GDPR : the responsibility of the notary for the protection of personal data in notarial activities

Abstract

This Professional Report focuses on the topic of General Data Protection (GDPR), with a specific focus on its application to the role of the Notary Public in Malta, and the extent to which it is governed by both European and local legislation. The author's primary objective is to clarify the principles of Data Protection and to delve into the pivotal notion of personal data. Furthermore, the author undertakes a comprehensive legal analysis of the existing European Union and local laws, investigating their impact on the roles and responsibilities of the Notary Public within this context. The obligations incumbent upon notaries and the corresponding rights afforded to data subjects/clients, are explained. The underlying rationale behind this research is to provide guidance to fellow students and practitioners in the field of Notarial services, with a view to mitigating uncertainties and fostering greater awareness concerning this legal domain. The author's efforts are aimed at offering recommendations and addressing potential gaps in the legal framework. Given the dynamic nature of the General Data Protection Regulation, the author highlights the significance of data protection and emphasizes the need for a more comprehensive understanding of this realm. As such, this in-depth exploration of the subject matter remains pertinent and indispensable.