PRIVACY POLICY
Privacy policy for the processing of personal data in connection with the exercise of the legal profession and recruitment
1. Introduction and purpose
This privacy policy (the ”Privacy policy”) describes how BUGGE VALENTIN Advokatpartnerselskab (”BUGGE VALENTIN”) processes personal data in connection with the exercise of the legal profession and recruitment.
The Privacy policy will be updated continuously. The version number and date is stated at the end of the Privacy policy.
1.1. Abbreviations
”DBL”: Lov nr. 502 af 23. maj 2018 om supplerende bestemmelser til forordning om beskyttelse af fysiske personer i forbindelse med behandling af personoplysninger og om fri udveksling af sådanne oplysninger (databeskyttelsesloven), i.e. the Danish Data Protection Act
”GDPR”: Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons 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)
2. Data controller and contact information
BUGGE VALENTIN Advokatpartnerselskab, Havnegade 25, 1st Floor, DK-1058 Copenhagen K, CVR: 41093927, is the data controller with regard to the personal data processed in connection with BUGGE VALENTIN’s exercise of the legal profession and recruitment.
You can contact BUGGE VALENTIN via phone +45 33331100 or via email to persondata@buggevalentin.com.
3. BUGGE VALENTIN’s processing of personal data
3.1. Categories of personal data and the purposes of BUGGE VALENTIN’s processing of personal data
Data subjects
· Clients and contacts as well as other employees, executive board, and board of directors at these clients that are companies or law firms
Personal data
Personal data
· Contact information (name, email, address, telephone number)
· Employer and position
· Information related to case work, e.g.
negotiations or dispute resolution
· CVR-no. and other information about sole proprietorships
Purpose
· Contact with the data subject
· Entry into an agreement with the client regarding the provision of legal services, on-going legal services and case work
· Management of the client relationship, including providing legal advice and performing case work for BUGGE VALENTIN’s clients
· Submissions to ranking agencies and the like
· Compliance with legislation as well as rules for lawyers and law firms
Legal basis
· BUGGE VALENTIN’s legitimate interest in providing legal advice, performing case work, making submissions to ranking agencies, as well as in establishing, exercising, and defending legal claims, cf. art. 6(1)(f) of the GDPR
· The processing of personal data is necessary for the performance of a contract to which the data subject is party (the assignment), cf. art. 6(1)(b) of the GDPR
· BUGGE VALENTIN’s compliance with the rules on professional conduct of lawyers, cf. art. 6(1)(c) and (f) of the GDPR
· Clients’ opposing parties and contacts as well as other employees, executive board, and board of directors at clients’ opposing parties
· Clients’ and opposing parties’ customers, suppliers, business partners, case parties etc. and contacts at these as well as other employees, executive board, and board of directors
· Witnesses, experts, and expert witnesses appointed by a court or a party, in cases for or against BUGGE VALENTIN’s clients
Personal data
· Contact information (name email, address, telephone number)
· Employer and position · Education, training, professional experience and duties, other experience, and business connections
· Contact with BUGGE VALENTIN and BUGGE VALENTIN’s clients
· CVR-no. and other information about sole proprietorships
Special categories of personal data
· Depending on the case, e.g. data on criminal offences, health data and other sensitive data
· Contact with the data subject
· Providing legal advice and performing case work for BUGGE VALENTIN’s clients
· Compliance with legislation as well as rules for lawyers and law firms
· BUGGE VALENTIN’s legitimate interest in providing legal advice, performing case work, as well as in establishing, exercising and defending legal claims, cf. art. 6 (1)(f) and art. 9(2)(f) of the GDPR, cf. sections 8 and 11 of the DBL
· The personal data are manifestly made public by the data subject and the data controller has a legitimate interest in processing the data, cf. art. 6(1)(f) and art. 9(2)(e) of the GDPR
· BUGGE VALENTIN’s compliance with the rules on professional conduct of lawyers, cf. art. 6(1)(c) and (f) of the GDPR
· Other representatives and advisers, including their employees, including lawyers, of clients, clients’ opposing parties, other parties, witnesses etc.
Personal data
· Contact information (name, email, address, telephone number)
· Employer and position
· Contact with BUGGE VALENTIN and BUGGE VALENTIN’s clients
· Data related to case work, including negotiations and disputes
· Disputes concerning the rules on professional conduct of lawyers
· Contact with the data subject in connection with advice and case work
· Submissions to ranking agencies
· Compliance with legislation as well as rules for lawyers and law firms
· Providing legal advice and performing case work for BUGGE VALENTIN’s clients
· BUGGE VALENTIN’s legitimate interest in providing legal advice, performing case work, as well as in establishing, exercising and defending legal claims, cf. art. 6 (1)(f) of the GDP
· BUGGE VALENTIN’s and the data subjects’ legitimate interest in making submissions to ranking agencies, cf. art. 6(1)(f) of the GDPR
· BUGGE VALENTIN’s compliance with the rules on professional conduct of lawyers, cf. art. 6(1)(c) and (f) and art. 9(2)(f) of the GDPR, cf. section 8 of the DBL
· Employees with public authorities, courts, and arbitration institutions and tribunals
· Contacts at companies used as advisers in connection with case work
Personal data
· Contact information (name, email, address, telephone number)
· Employer and position
· Contact with BUGGE VALENTIN and BUGGE VALENTIN’s clients
· Data related to case work
· Contact with the data subject
· Enquiries and requests for access to documents as well as permits
· Providing legal advice and performing case work for BUGGE VALENTIN’s clients
· Compliance with legislation as well as rules for lawyers and law firms
· BUGGE VALENTIN’s legitimate interest in providing legal advice, performing case work, as well as in establishing, exercising and defending legal claims, cf. art. 6 (1)(f) of the GDPR
· BUGGE VALENTIN’s compliance with the rules on professional conduct of lawyers, cf. art. 6(1)(c) and (f) of the GDPR
· Job applicants for positions at BUGGE VALENTIN
Personal data
· Contact information (name, email, address, telephone number)
· Education, training, professional experience and duties, experiences, and business connections
· Transcripts of records and diplomas
· Other information provided by the applicant to BUGGE VALENTIN with a view to gaining employment
Special categories of personal data
· Special categories of personal data, which the data subject has actively and of its own volition given to BUGGE VALENTIN, including, e.g. data on criminal offences, health data and other sensitive data
· Contact with the data subject
· Assessment of the data subject’s possibilities of gaining employment at BUGGE VALENTIN and preparation of a job offer if relevant
· The data subject has provided the data to BUGGE VALENTIN with a view to gaining employment at BUGGE VALENTIN, cf. art. 6(1)(b) of the GDPR
· BUGGE VALENTIN’s legitimate interest in evaluating the applicant, cf. art. 6(1)(f) o the GDPR
· BUGGE VALENTIN’s compliance with the rules on professional conduct of lawyers, cf. art. 6(1)(c) and (f) of the GDPR
· The data subject has consented to the processing, cf. art. 9(2)(a) of the GDPR and section 12 of the DBL
4. Sources
BUGGE VALENTIN collect the personal data directly from you, your employer, you adviser, including your lawyer, from publicly available sources or from third parties, such as public authorities, clients and opposing parties. Thus, the source of the personal data depends on the specific circumstances.
5. Voluntariness
When BUGGE VALENTIN collect personal data directly from you, you normally give us the personal data voluntarily, or to be able to enter into or perform a contract with us or a third party, or to be able to exercise a legal claim. If you do not wish to provide us with your personal data, it may entail that BUGGE VALENTIN will not be able to fulfil the purpose of the processing, including that BUGGE VALENTIN will not be able to manage or maintain the client relationship, or that we cannot meet our obligations as lawyers, or that we cannot meet our obligations to public authorities.
6. Right to withdraw consent
If BUGGE VALENTIN’s processing of your personal data is based on your consent to the processing, you are entitled to withdraw you consent at any time. You may do so by contacting us via the contact information listed above under paragraph 2.
If you choose to withdraw your consent, it will not affect the lawfulness of BUGGE VALENTIN’s processing of your personal data on the basis of your previous consent until the time of withdrawal. Consequently, if you withdraw your consent, it will only take effect at the time withdrawal.
7. Disclosure to third parties
If it is necessary in order to comply with legal obligations, or if it takes place in connection with BUGGE VALENTIN’s advice and case work, personal data may be disclosed to third parties. Such disclosure may for instance be made to public authorities, the courts, arbitrations institutes, other advisers, including lawyers, financial institutions and insurance companies.
8. Transfer of personal data to BUGGE VALENTIN’s data processors
BUGGE VALENTIN transfer personal data to our data processors, who, e.g., supply BUGGE VALENTIN’s IT systems, which includes hosting, backup and support. In some cases, BUGGE VALENTIN may also use other data processors, e.g. in connection with the translation of documents or technical or factual investigations.
9. Transfer of personal data to third countries
BUGGE VALENTIN transfer personal data to third countries if it takes place in connection with the management of the client relationship or in connection with case work. If personal data is transferred to a third country, we ensure a transfer basis, e.g., in the form of the European Commission’s standard contractual clauses etc. for data transfers to third countries whose security level is not deemed adequate by the European Commission, or if the transfer is necessary in order to establish, exercise or defend legal claims.
10. Storage period
As a starting point, BUGGE VALENTIN store personal data processed in connection with case work for a period of 10 years after a case is closed. This retention period has been determined by taking into account the Danish Limitation Act and the rules on professional conduct of lawyers on the storage of case data. If specific circumstances dictate it, BUGGE VALENTIN will store the personal data for either a shorter or longer period than 10 years.
Unless agreed otherwise with the applicant, a job applicant’s personal data is deleted when the recruitment process has been terminated and the job applicant does not gain employment with BUGGE VALENTIN.
11. Rights of the data subject
You have the following rights in relation to your personal data processed by BUGGE VALENTIN on the terms and subject to the exceptions provided by law, e.g. regarding the duty of confidentiality of lawyers:
· The right of access to your personal data processed by BUGGE VALENTIN
· The right to have incorrect and incomplete personal data rectified
· The right to have personal data erased
· The right to restrict the processing of personal data
· The right to data portability when electronic processing is based on a contract or a consent, i.e. the right to receive personal data given by you to BUGGE VALENTIN in a structured, commonly used and machine-readable format as well as the right to transit those data to another data controller
· The right to object to the processing of personal data when the processing is based on legitimate interests or public interests.
You can read more about your rights in the Danish Data Protection Agency’s guide on the rights of the data subjects, which you can find on www.datatilsynet.dk.
(in Danish).
If you want to exercise your rights, you can contact us via the contact information listed above under paragraph 2.
12. Complaints
You have the right to file a complaint with the Danish Data Protection Agency about BUGGE VALENTIN’s processing of your personal data.
You can find the contact information of the Danish Data Protection Agency on www.datatilsynet.dk.
Version: Version 1.0 (August 2020)