Processing of personal data
2. Processing of personal data in the process of registration of rightholders and legal facts
Processor (operator of the Enterprise Register information system):
- Association of persons Visma consulting Ltd, Unified registration No. 40103916493, legal address – Sporta Street 11, Riga, and SIA 'OAK software', Unified registration No. 40103504819, legal address – Slokas Street 185-13, Riga;
- State joint stock company 'Courthouse Agency', Unified registration No. 40003334410, legal address – Baldones Street 1B, Riga
The Enterprise Register shall carry several public registers in which information regarding rightholders and legal facts shall be registered in accordance with regulatory enactments:
- The register journal of undertakings (companies);
- The commercial Register;
- Register of associations and foundations;
- A register of political parties;
- Register of religious organisations and their institutions
- Media Register
- A register of representations and representatives of foreign merchants and organisations;
- A European register of economic interest groups;
- The Register of Arbitration Courts;
- A register of commercial pledges;
- The insolvency register;
- The matrimonial property regime register;
- A list of public persons and institutions;
- A register of the beneficial owners of legal arrangements (trusts and similar arrangements);
- A list of appraisers of the financial contribution;
- Register of public organisations (historical);
- Trade Union Register (historical);
- Register of public-private Partnership Agreements (historical), etc.
Legal justification for the processing of personal data:
- Article 6(1)(c) of the General data Protection Regulation (processing is necessary to fulfil a legal obligation relating to the controller) and (e) (performance of public administration tasks carried out in the public interest or in the exercise of official powers lawfully conferred on the controller);
- law on the Enterprise Register of the Republic of Latvia and regulatory enactments regulating the registration of relevant legal entities and legal facts (Commercial Law, Law on Trade Unions and foundations, Law on political Parties, Law on religious organisations, Law on the Press and other mass Media, Law on Arbitration Courts, insolvency Law, commercial pledge Law, Law on European Economic interest groups, Cabinet Regulation No. 401 of 3 September 2002, Cabinet of Ministers for registration of Representation and representatives of Foreign Economic operators and organisations, etc.).
Purpose (purpose) of processing personal data
- registration of rightholders and legal facts in order to establish legal status of rightholders and to ensure public credibility and availability of information on rightholders and legal facts;
- keeping registers of rightholders and legal facts.
Categories of personal data
- information identifying the natural person;
- contact details of the natural person;
- the account details of the natural person in the payment documents;
- indirect identification data.
Sources of personal data
- applications from interested parties;
- judgments of the Court,
- decisions of the national regulatory authority;
- data of other State information systems (for example, population Register, Invalid documents Register, etc.) in order to verify the correctness of data, including the status of a person (alive or dead), capacity to act, legal status;
- notifications received in the system of interconnection of registers from the foreign register in the cases specified in regulatory enactments.
Period of retention of personal data
- Current and historical data of rightholders and legal facts, i.e. entries of registers and registered information, shall be permanently stored in the Enterprise Register information system (Law on the Enterprise Register of the Republic of Latvia 4. section 9, Paragraph two), unless otherwise specified in regulatory enactments.
- Time periods for the storage of cases of registration of rightholders and legal facts, i.e. documents:
Business (company) registration files | 10 years after expulsion from Enterprise Register Journal |
Cases for registration of commercial companies | 10 years after Exclusion from the commercial Register |
Cases for registration of individual merchants | 3 years after Exclusion from the commercial Register |
Registration files of Representation offices of Foreign merchants and organisations | 10 years after removal from the register of representations |
Registration cases for European Economic interest groups | 10 years after removal from the European Register of Economic interest groups |
Registration files of associations, foundations, trade unions, permanent unions and trade Union associations | 10 years after exclusion from the Register of associations and foundations |
Cases for registration of insolvency of natural persons | 10 years after completion of insolvency proceedings |
Media registration files | 10 years after removal from the media register |
Cases of religious organisations and their institutions | Constantly |
Registration files of political Parties | Constantly |
Cases for registration of Arbitration Courts | 10 years after removal from the Register of Arbitration Courts |
File for registration of commercial pledges | 3 years after redemption of the pledge |
Files for registration of matrimonial property regimes | 10 years after the termination registration |
Cases of true beneficiaries of legal arrangements | 5 years after registration of termination of the status of beneficial owner |
Registration files of concession Agreements and public-private Partnership Agreements (terminated by 30.10.2022) | 10 years after expiry of the contract |
Minutes of the creditors meeting in insolvency proceedings which are not to be attached to the registration file | 2 years |
Rights of the data subject
- The right of access pursuant to Article 15 of the General data Protection Regulation to request and receive data processing information: legal basis for processing, purposes, categories of personal data and recipients thereof, etc.
- The right to lodge a complaint with the data State Inspectorate.
Limitation of the data subject's rights
- The right to rectify and delete personal data is limited by the Law on the Enterprise Register of the Republic of Latvia 3. section 1 – in order to promote the security and stability of the economic and legal environment, to ensure the public credibility and availability of records of registers and the integrity and invariability of documents, a person does not have the right to rectify or erase personal data in registers kept by the Enterprise Register, in the information registered in other registers, as well as in documents included in the registration file of rightholders and legal facts until the relevant information or documents are stored in registers kept by the Enterprise Register.
- The right to data portability is limited by the third paragraph of Article 20 of the General data Protection Regulation.