Privacy and respect for the protection of personal data of our clients and other natural persons is important to us. This policy explains the ways, in which we process personal data when providing legal services in our law office Biksadský & Partners, s.r.o., with its registered seat at Michalská 9, 81101 Bratislava, ID No.: 36858552 (hereinafter only „We“). If you have any questions, you can contact us by calling the number 00421(2)54131200 or send an e-mail to email@example.com or by a registered mail sent to our registered seat.
When processing personal data, we abide by, above all, the General Data Protection Regulation (“GDPR”), which defines the rights of the data subjects; we follow also the applicable provisions of the Act on the Data Protection (in particular, Article 78 thereof), The Act on Advocacy (Article 18 thereof) as well as other laws and regulations. We adhere to the Code of Conduct adopted by the Slovak Bar Association, which explains in more detail the processing of personal data by attorneys. You can consult the Code of Conduct at www.sak.sk/gdpr.
Why do we process personal data?
The processing of personal data is necessary for us, in particular:
- to provide legal services to our clients and exercise our profession;
- to fulfil various duties and obligations set forth by laws, contracts or internal rules adopted by the Slovak Bar Association; and
- to protect legitimate interests of ours, yours and of other persons.
For what reason and on what legal grounds do we process personal data?
|PURPOSE||Legal ground under GDPR||Related laws and regulations|
|Exercise of legal profession (provision of legal services)||Compliance with a legal obligation pursuant to Article 6 par. 1 point c) of the GDPR and Art. 9 par. 2 point f) of the GDPR)||Act on Advocacy, Advocacy rules, Civil and Commercial Codes|
|Provision of services other than legal services||Fulfilment of a contractual obligation pursuant to Article 6 par. 1 point b) of the GDPR and of a legal obligation pursuant to Art. 9 par. 2 point c) of the GDPR)
|Act on the Registry of the Partners of the Public Sector, Act on e-Government, Civil and Commercial Codes, Act on the Lease and Sub-lease of Non-residential Premises|
|Ensuring the compliance with laws and with the regulations of the Slovak Bar Association||Compliance with a legal obligation pursuant to Article 6 par. 1 point c) of the GDPR, legitimate interest of the attorney or of other parties pursuant to Article 6 par. 1 point f) of the GDPR, public interest pursuant to Article 6 par. 1 point e) of the GDPR or exercise of legal claims pursuant to Article 9 par. 2 point f) of the GDPR||Act on Advocacy, Advocacy rules, Anti money-laundering Act, Whistle-blowing Act, the GDPR|
|Purposes related to the protection of legitimate interests||Legitimate interests of attorney and of other parties pursuant to Article 6 par. 1 point f) of the GDPR||The GDPR, Civil and Commercial Codes, Criminal Procedures Act, Criminal Act, Civil Litigation Act, Civil Non-litigation Act, Administrative Disputes Act, Administrative Act, Contraventions Act|
|Marketing purposes||Legitimate interests of attorney nad of other parties pursuant to Article 6 par. 1 point f) of the GDPR||Advocacy Act, E-communications Act, Publicity Act, Act on the protection of consumers, Civil code|
|Statistical purposes, public interests in archiving and historical and scientific research||Article 89 of the GDPR||Act on Archiving Activities|
|Accounting and Tax purposes||Compliance with a legal obligation pursuant to Article 6 par. 1 point c) of the GDPR||Laws and regulations in the field of accounting and taxes|
Which legitimate interest do we pursue when processing personal data?
When keeping a database of clients, we pursue the legitimate interest in having a possibility to inform on offers of our services, our publications or other marketing activities.
To whom do we disclose Your personal data?
We disclose personal data of our clients and of other natural persons only to the extent strictly necessary and always with due respect of the duty of confidentiality, to be complied with by the recipients, or by our employees and personnel authorised to carry out single actions in providing legal services, to our corresponding attorneys, to our accountants, to the Slovak Bar Association (e.g. in disciplinary proceedings) or to IT service providers, including their employees.
Even if, due to the duty of confidentiality, our duty to disclose your personal data to public authorities is limited, we are obliged to interrupt a commission of a crime and we are obliged to notify certain information in the field of the prevention of money-laundering and terrorism.
Do we transfer your personal data to other countries?
We do not intend to transfer Your personal data to countries outside of the European Economic Area (EU, Island, Norway, and Lichtenstein). We use secure cloud services provided by secure providers located inside the EU.
We do not perform automated individual decision making.
How long do we keep Your personal data?
We retain Your personal data only as long as it is necessary for the purposes, for which they are processed. When retaining Your personal data, we follow the recommended retention periods as provided for by the Resolution of the presidency of the Slovak Bar Association No. 29/11/2011, for instance:
- The book of incoming and outcoming correspondence is retained for the period of ten years following the date of the last correspondence recorded;
- The list of inventories is retained for the period of ten years since being drafted;
- If an attorney keeps a list of clients and protocol related to a file in an electronic form, as at the end of each calendar year he or she provides for a hard copy thereof, which hard copy shall be retained without time limitation;
- Erasure period of client files is ten years and begins when all the conditions of archiving are complied with.
Attorneys must comply with professional rules that implement the duties under the Act on Advocacy. Pursuant to the said rules there are circumstances that may prolong the retention periods of the personal data, or which prevent the erasure of certain documents for comprehensible reasons, e.g.:
- Client’s file containing originals of documents handed over by the client may not be erased;
- It is not possible to erase the client’s file’s protocols, nor the lists of clients related to a client’s file;
- It is not possible to erase the client’s file or a part thereof, if it is to be handed over to a public archive;
- It is not possible to erase the client’s file while proceedings are pending at court, public authority, Slovak Bar Association, which proceedings relate to the contents of the client’s file or if the subject-matter of such proceedings is a scrutiny of attorney’s conduct or omission in providing legal services.
How do we obtain personal data?
If you are a client of ours, your personal data are most frequently obtained directly from you. In such a case the provision of the personal data is facultative. In some occasions a failure to provide us with personal data may influence our ability to provide you with legal services of due quality, or, in certain situations, it can give rise to our being obliged to refuse to provide legal services. We can obtain personal data of our clients also from publicly available resources, from public authorities or from other parties.
If you are not a client of ours, we most frequently obtain your personal data from our clients or from other public or statutory sources, such as by requesting them from public authorities, from public registers, by means of procuring evidence to the benefit of our clients and the like. In such a case we can obtain personal data even without informing you or even against your will, on the grounds of our statutory privilege and duty to carry out our legal profession in accordance with the Act on Advocacy.
Which are your rights with regard to the processing?
Provided that we process your data based on your consent, you have the right to withdraw that consent at any time.
Without prejudice to the aforementioned statement, you can object to the processing of personal data on the grounds of legitimate or public interests or for the purpose of direct marketing or profiling.
In the capacity of a client you have the right to access to your personal data and to rectification of the data. If we process personal data in connection with providing legal services, you, neither in the capacity of a client, nor in any other capacity (e.g. a counterpart in a dispute), are not entitled to object to the processing pursuant to Article 22 of the GDPR. If personal data are related to a client (regardless of whether it is a legal entity or a natural person), neither the right to access nor the right to data portability exist, as a result of our statutory duty to respect the duty of confidentiality with regard to Article 15 par. 4 of the GDPR, Article 20 par. 4 of the GDPR and Article 18 par. 8 of the Act on Advocacy: „Attorney is not obliged to disclose, made available or allow for a data portability of information related to the processing of personal data under special regulations, if this could lead to a breach of the confidentiality duty under this Act.“ Likewise, you are entitled at any time to file a complaint with the Data Protection Authority (“Úrad na ochranu osobných údajov”) or with the Slovak Bar Association.
 Article 12 – 22 of the GDPR: http://eur-lex.europa.eu/legal-content/SK/TXT/HTML/?uri=CELEX:32016R0679&from=EN
 Which, under Article 4 par. 9 of the GDPR, are not regarded as recipients.