The Custodian of Records Affidavit is a critical legal document required in situations where formal designation of record-keeping responsibilities is necessary under German law. This document is particularly relevant when organizations need to establish clear accountability for record maintenance, whether for regulatory compliance, legal proceedings, or organizational governance. The affidavit details the scope of records under custody, storage methods, access protocols, and compliance with German data protection regulations. It becomes especially important during legal proceedings, audits, or when demonstrating compliance with regulatory requirements. The document must comply with German affidavit requirements and should be executed before a German notary (Notar) to ensure legal validity.
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1. Title and Jurisdiction: Formal title of the document and jurisdiction (German court/authority) under which the affidavit is being made
2. Affiant Information: Full legal name, position, and business address of the person making the affidavit (the custodian)
3. Authority and Capacity: Statement of the custodian's authority to maintain records and their official capacity within the organization
4. Record Description: Detailed description of the types of records being maintained and their storage location(s)
5. Maintenance Declarations: Specific statements about how records are maintained, including security measures and access controls
6. Compliance Statement: Declaration of compliance with relevant German laws, including data protection and retention requirements
7. Authentication Methods: Description of how records are authenticated and verified for accuracy
8. Verification Statement: Formal declaration that all statements are true and accurate to the best of the custodian's knowledge
9. Signature Block: Space for custodian's signature, date, and notary authentication
1. Digital Records Statement: Additional section when electronic records are maintained, describing digital storage and security measures
2. Successor Provisions: Section defining procedures for transfer of custodianship in case of resignation or incapacity
3. Third-Party Storage: Section required when records are stored by external service providers or in third-party facilities
4. International Transfer Provisions: Required when records may be transferred across international borders, addressing GDPR requirements
5. Disaster Recovery Procedures: Optional section detailing procedures for protecting and recovering records in emergency situations
1. Schedule A - Record Categories: Detailed list of all record categories and document types under custodianship
2. Schedule B - Storage Locations: Complete list of physical and/or digital storage locations for all records
3. Schedule C - Access Authorization: List of persons or roles authorized to access different categories of records
4. Appendix 1 - Security Protocols: Detailed security measures and protocols for protecting records
5. Appendix 2 - Retention Schedule: Schedule of retention periods for different types of records as per German law
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Healthcare
Legal Services
Government and Public Sector
Manufacturing
Pharmaceutical
Insurance
Banking
Education
Telecommunications
Energy
Transportation and Logistics
Real Estate
Professional Services
Relevant Teams
Legal
Compliance
Information Management
Records Administration
Corporate Governance
Risk Management
Data Protection
Administrative Services
Information Technology
Corporate Secretariat
Relevant Roles
Records Manager
Compliance Officer
Legal Records Custodian
Document Control Manager
Information Governance Officer
Corporate Secretary
Archive Manager
Data Protection Officer
Legal Operations Manager
Compliance Director
Records Administration Supervisor
Information Management Specialist
Chief Compliance Officer
Head of Document Management
Records and Information Coordinator
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