INFORMATION ON PERSONAL DATA PROCESSING
From the current legislation, in particular Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter “GDPR”), numerous obligations concerning the personal data protection arise.
JUDr. Tereza Landwehrmann, Ph.D., Law firm, with its registered office at Praha 2, Lazarská 11/6, Postal Code 120 00, ID No: 714 666 31 (hereinafter “Law firm”), in all cases where it is the controller of your personal data, protects and uses such personal data in accordance with applicable law. This applies by analogy to the co-operating attorneys listed below, both in terms of information on categories, resources, purposes of processing, legal bases, and so on. That is also why we would like to inform you hereby about the processing of your personal data we perform and about your rights.
WHAT PERSONAL DATA WE PROCESS
Law firm processes personal data:
A) Of the clients, persons working with clients and potential clients – we process personal data of clients (if they are a natural person) as well as information about their employees and co-workers – contact persons for particular legal services. About clients we process identification and contact information (academic titles, first name, surname, date of birth, permanent address, delivery address, telephone and e-mail contact, alternatively citizenship data, identity card number or other identification document), or other data necessary to comply with obligations arising from Act No. 253/2008 Coll., on Certain Measures Against Laundering of Proceeds from Crime and Terrorist Financing, as amended, billing and payment information (account number information, information on billed and paid services), data on client’s business activities, data on client’s legal claims, or legal disputes in whose resolution we are involved, on impending, ongoing or settled judicial, administrative, execution, arbitration, or mediation proceedings, information on penal proceedings, and information imparted during our communication. Where it is necessary to provide a specific legal service, we may also process to a limited extent specific category of personal data (e.g. data on state of health) or data relating to criminal judgements and crimes. Without providing us the above-mentioned personal data, we would not be able to provide you with a legal service; in most of the cases we would not be entitled to do so because of the obligation to avoid conflicts of interest and in some cases also due to obligations arising from special legal regulations (especially tax and accounting laws and Act No. 253/2008 Coll., on Certain Measures Against Laundering of Proceeds from Crime and Terrorist Financing, as amended).
About potential clients, we only process identification data (first name and surname) and contact details (delivery address, e-mail address and phone number).
B) Of the counterparties, witnesses, court experts and other persons in connection with cases of our clients – within the scope of representation of the client in particular cases and maintaining the documentation, we also process other personal data of third parties obtained in connection with the provision of legal services to our client.
C) Of the employees, former employees and job seekers – we process identification and other data about employees and about former employees that we are obliged to process by law – the provision and processing of such data is therefore necessary. About job seekers, we process identification and contact information (academic titles, first name, surname, permanent address, telephone number, e-mail contact), information on achieved education and qualifications, career advancement, previous employers and their contact information, and alternatively also other data provided by the job seeker, incl. a record from the interview with the candidate. Processing of such personal data is necessary for the participation of the candidate in the selection procedure and without their submission the job seeker cannot be included in the selection process.
D) Of the cooperating attorneys and suppliers – about cooperating attorneys and the like about suppliers of goods and services, including potential suppliers, we register identification data (title, first name and surname, registration number of ČAK, identification of entrepreneurial (natural) person, place of business, ID, VAT number, data on VAT payer), contact details (e-mail, telephone numbers), payment information (bank details, agreed amount and form of remuneration and its payment) and other details on the relevant contractual relationship, whose processing we are obliged by law (e.g. identification data) or by contract (e.g. contact e-mail and bank details).
The provision and processing of such data is necessary to fulfil our legal or contractual obligations.
SOURCE OF PERSONAL DATA
The personal data we process we have obtained directly from the data subjects (this is the case of data of persons mentioned above under the letter A, B, C and D), from
publicly available sources (data of persons according to B or D), from our clients (or with their consent e.g. from courts or administrative authorities), from the counterparties or third parties (data of persons according to A or B).
PURPOSE AND LEGAL BASIS FOR PROCESSING
We process personal data based on the necessity of processing them for:
- Performance of the contract – this is in particular the case of the performance of contractual obligations in pursuance of the provision of legal services or the
performance of contractual obligations towards employees, contractors or cooperating attorneys. We process these personal data solely for the purpose of performing the contractual relationship.
- Fulfilment of Legal Obligations – The processing of data of clients and suppliers is mainly concerned with the fulfilment of obligations imposed by accounting and tax regulations; the processing of client’s data is also concerned especially with fulfilment of obligations imposed by Act No. 85/1996 Coll., on Advocacy, as amended, and by Act No. 253/2008 Coll., on Certain Measures Against Laundering of Proceeds from Crime and Terrorist Financing, as amended, and by other relevant legal regulations. Employees and former employees are primarily concerned with fulfilment of obligations under Act No. 262/2006 Coll., the Labour Code, as amended, Act No. 586/1992 Coll., on Income Tax, as amended, Act No. 187/2006 Coll., on Sickness Insurance, as amended, and Act No. 582/1991 Coll., on Organization and Implementation of Social Security and under other relevant legal regulations. We process these personal data solely for the purpose of fulfilling legal obligations.
- Law firm’s legitimate interests – in case of data storage to prevent potential disputes or for their resolution (e.g. storage of job seekers’ data). We process these personal data solely for the purpose of resolving potential disputes.
In some cases, we also process personal data on the basis of the consent given to us by the data subject for a specific purpose. This may be the case, in particular, of job seekers who give us their consent to the processing of their personal data for a purpose of possible future job offer of another suitable position.
We always process personal data only to the extent necessary to fulfil the purpose of each processing and only for the time necessary to fulfil a particular purpose.
RECIPIENTS OF PERSONAL DATA
We do not transmit or disclose personal data to any third parties, except for the public authorities; obligation to transmit data to these authorities derives from applicable and effective legislation.
At the client’s request, his / her personal data may also be provided to other recipients, such as public authorities, court experts, translators, accountants and auditors, or other law firms.
For the purpose of some support services (e.g. shipment), we use the services of processors. It is always a processing performed exclusively for our company, based on our instructions. We thoroughly take care of choice of all the processors in terms of credibility and quality of services, including the security of personal data being processed. Processing is possible only on the basis of a contract concluded between Law firm and the processor, which obliges the processor to the same level of protection of personal data as we provide ourselves. Upon your request we will inform you of the processors we are currently cooperating with.
In principle, our processors have their registered office and place of processing of personal data in the Czech Republic or in another EU country.
In case of judicial, administrative or arbitration proceedings abroad, or in case of legal services for which it is necessary to provide personal data abroad, we may in this situation transfer such personal data abroad. We always do so only to the extent necessary to fulfil the purpose of a particular case (e.g. filing an application with a foreign authority) and always only with the client’s knowledge. In the case of disputes abroad, we may also transfer personal data of counterparties, witnesses and others in connection with the dispute, even without their knowledge.
We transfer personal data to third countries or to international organizations where the European Commission has decided that it is a country or an international organization ensuring an adequate level of personal data protection. We transfer personal data to other countries if the controller or processor provides appropriate safeguards and on condition that the data subject’s enforceable rights and effective legal protection of data subjects are available. In other cases, we may transfer personal data to third countries only in cases referred to in Article 49 (1) of the GDPR; in this case, the data subject is informed about possible risks.
PERIOD OF PROCESSING
We process personal data for a period necessary to fulfil the purpose of their processing, or rather for the period necessary to fulfil the contractual obligations, to protect the legitimate interests or for the period for which we have a legal obligation to process the data.
We store the client’s personal data and personal data that are part of the client’s file for a period of 5 years from the date of termination of the provision of the relevant legal service. We keep the data obtained for the fulfilment of obligations imposed by Act No. 253/2008 Coll., on Certain Measures Against Laundering of Proceeds from Crime and Terrorist Financing, as amended, for a period of 10 years.
We process personal data intended for direct marketing until the data subject expresses any disagreement with sending further communication.
We process personal data processed on the basis of consent for the duration of the consent, or until the data subject withdraws his consent.
Candidates’ personal data, which are not necessary for other purposes, are disposed of after the selection procedure. If the candidate gives us permission to keep the data for a potential offer of any other appropriate position, then we store these data for the duration of the consent. For the purpose of preventing potential disputes or alternatively defending ourselves in a particular dispute on the basis of our legitimate interests, we keep only the candidate’s identification data and information on the reasons for which the candidate was not selected for a period of three years after the end of the selection procedure.
AUTOMATED DECISION MAKING AND PROFILING
Law firm does not use within its activities automated data processing under which there would be automated decision making or profiling.
HOW DO WE SECURE THE PROTECTION OF YOUR PERSONAL DATA
All persons who come into contact with personal data on our part are obliged to maintain confidentiality about processed personal data as well as about security measures for their protection. This obligation also applies in the event of termination of their legal relationship with Law firm or with the processor.
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In accordance with applicable law, as data subject you have the following rights:
Right of access to personal data we process; this includes the right to obtain from Law firm the following information:
- confirmation that Law firm is processing your personal data,
- access to such personal data, unless the nature and purpose of their processing excludes it and would not affect the rights and freedoms of others,
- about the purpose of the processing,
- about the categories of personal data concerned,
- about recipients or categories of recipients to whom personal data will be disclosed,
- about the planned storage period or about the criteria for its determination,
- about the existence of right to request rectification or erasure of personal data, or the limitation of their processing, or the right to object to such processing,
- about the right to lodge a complaint with the supervisory authority
- about any available information on the source of personal data, if not obtained from the data subject – from you,
- whether there is automated decision making, incl. profiling,
- about appropriate safeguards when the personal data are transferred outside the EU,
- if the rights and freedoms of others are not adversely affected, also a copy of personal data.
Right of correction, or rather completion of data in case the data would be processed incorrectly, inaccurately or incompletely.
Right of deletion of personal data in cases specified by the GDPR, e.g. in case of withdrawal of consent to processing or objection to processing, in case of unlawful processing of personal data or where personal data are no longer needed for the purposes for which they were processed etc. In these cases, you may request the deletion of your personal data; this option does not apply to cases where processing is necessary to fulfil a legal obligation, and in some other cases provided by the GDPR.
Right of restriction of processing in cases specified by the GDPR, such as when you for instance deny the accuracy of personal data, you object to processing etc.
Right of data portability you have provided to us and which we process automatically, on the grounds of your consent, or on the basis of necessity of processing them to perform the contract with you, or to implement the measures taken prior to the conclusion of the contract at your request. In such cases, we will allow you to obtain your personal data in a structured, commonly used and machine-readable format, or, if technically feasible, hand them over to another controller you designate.
Right to object to the processing of your personal data based on the necessity of processing for a purpose of legitimate interests, including processing for direct marketing purposes. If we do not prove serious legitimate reasons for processing that outweigh your interests or rights or freedoms, or for determination, exercise or defence of legal claims, we will not further process your personal data.
Right to withdraw the consent to the processing of personal data at any time by sending an express notice to our address or to e-mail address (see our website). The withdrawal of consent is effective upon the delivery of such a notice to Law firm. According to GDPR, the withdrawal of consent does not affect the lawfulness of the processing based on the consent given before its withdrawal.
Right not to be a subject to automated individual decision-making with legal or similar effects, including profiling.
Right to file a complaint with the supervisory authority, which is the Office for Personal Data Protection with its registered office at Prague 7, Pplk. Sochora 27, Postal Code 170 00.
Should you have any questions or other requests regarding the processing of your personal data, you can contact us at any time in writing at the address Praha 2, Lazarská 11/6, Postal Code 120 00, or by e-mail at firstname.lastname@example.org.