Regulation EU 2016/679 regarding Protection of individuals with regard to the processing of personal data and on the free movement of such data (the “Regulation”), applicable starting on May 25, 2018, contains a series of rules aimed at ensuring the processing of personal data in accordance with the fundamental rights and freedoms of individuals in order to increase the level of protection of personal data.
WHO PROCESSES YOUR PERSONAL DATA
ENACHE PIRTEA & ASSOCIATES S.p.a.r.l. („EPA”) a professional limited liability company which operates in accordance with the provisions of Law no. 51/1995 regarding the organization and exercise of the attorney-of-law profession and the Statute of the attorney-of-law profession.
EPA considers data confidentiality an essential component of the activity conducted. Our data protection policy and practices are focused on the processing, exchange and proper and legal storage of personal information and on ensuring confidentiality, integrity and availability.
EPA has its premises in Bucharest, 32 Ion Negulici Street, 1st District, with the following contact details: phone 0371 471 000 and e-mail firstname.lastname@example.org.
EPA’s data protection policy is based on the following data protection principles:
- The processing of personal data will be done in a legal, fair and transparent manner;
- The collection of personal data will be done only for specified, explicit and legitimate purposes and the data will not be further processed in a manner incompatible with those purposes;
- The collection of personal data will be adequate, relevant and limited to the information necessary for the purpose of processing;
- The personal data will be accurate and, where necessary, updated;
- All necessary measures will be taken to ensure that incorrect data is erased or corrected without delay;
- The personal data will be stored in a form that allows identification of the data subject and for a period no longer than the one in which the personal data are processed;
- All personal data will be kept confidential and stored in a manner that ensures the necessary security;
- The personal data will not be distributed to third parties unless it is necessary for the purpose of providing services in accordance with the agreements;
- The data subjects have the right to request access to the personal data, their rectification and erasure, the opposition or restriction from the processing of the data, as well as from the right of data portability.
PROCESSED PERSONAL DATA
The personal data we process may include:
- Contact information, such as your name, postal address, including home address, professional address, telephone number, mobile number, fax number and e-mail address;
- Additional information processed in the event of the conclusion of a contract with “ENACHE PIRTEA & Associates” or communicated voluntarily by you, such as: instructions given, payments made, information on any legal issues, disputes, litigation or other actions in court that you are involved in any quality (defendant, civil party, injured party, civilly liable party, defendant, complainant, intervener, lawyer, consultant, expert etc.);
- In the context of the provided services we can also collect and process special categories of personal data, such as: data on membership of a trade union, health data or data on criminal convictions and offenses.
We do not use personal data for automated processing nor for profiling. We never make automatic decisions regarding the data you provide to us. We use technical means to store the data in safe conditions.
We strictly respect and ensure professional secrecy. We only disclose the data necessary for the realization of your legitimate interests and the fulfilment of the legal obligations.
We may collect personal data about you from a third-party source, such as your employer, other companies or individuals with whom you have links, government agencies, credit bureaus, information or service providers, or from public archives.
EPA processes data of the data subjects which can be clients or potential clients, collaborating lawyers or employees. In all cases, EPA takes the appropriate technical and organizational measures for processing the personal data of the persons previously indicated individuals only for the period for which such processing is justified.
LEGAL GROUNDS FOR PROCESSING OF PERSONAL DATA
The processing of your personal data will be conducted on the basis of one of the following legal grounds:
- The processing is necessary in order to fulfil a legal obligation of „ENACHE PIRTEA & Associates”;
- The processing is necessary for the conclusion or execution of an agreement to which you are a party;
- The processing is necessary in order to protect the legitimate interests of you or another individual;
- The processing is necessary for the legitimate interests of “ENACHE PIRTEA & Associates” or a third party (eg. when processing is necessary for the execution of an agreement to which your organization is a party), except in cases where your fundamental interests or rights and freedoms prevails over these interests;
- In the case of special data categories, processing will be done if, besides a general legal grounds for data processing, one of the following specific processing conditions will be met:
- the consent of the data subject was obtained;
- we have a legal obligation to process these categories of data;
- the processing is necessary for disclosure, exercising or defending a right in court.
When the applicable legal grounds require your prior and explicit consent for the processing of special categories of personal data, we will process the respective data only on the basis of your prior and explicit consent.
PURPOSES IN WHICH WE PROCCES YOUR PERSONAL DATA
We may use your personal data for the following purposes (the „Allowed Purpose”):
- The offering of legal services, including legal advice or legal assistance / representation before the courts, arbitral courts or other competent authorities;
- Communicating with you in order to constantly inform you about the evolution of the requested service;
- Management and administration of the contractual relationship with our clients;
- Compliance with our legal obligations (such as obligations to combat money laundering and terrorist financing, reporting obligations to tax authorities);
- In order to respect the court decisions and to exercise and/ or defend our rights and interests;
- Fulfilling the legal obligations established by the law for lawyers, including keeping professional records;
- For any purpose related to and / or ancillary to any of the above, or for any other purpose for which your personal data have been provided to us, in compliance with applicable law.
STORAGE OF PERSONAL DATA
ENACHE PIRTEA & Associates implemented technical and organizational measures to organize the process and the specific criteria for storing your personal data.
We will cease processing your personal data when it is no longer reasonably required for Allowed Purposes, or when you withdraw your consent (if necessary) and (i) there are no longer legitimate and compelling reasons that justify further processing by ENACHE PIRTEA & Associates (including the legal obligation of ENACHE PIRTEA & Associates to continue storing the respective data) and which prevails over your interests, rights and freedoms or (ii) if we are no longer needed to establish, exercise or defend a right in court.
TRANSFER OF PERSONAL DATA
Personal data may be transmitted to:
- Litigators, mediators, public notaries, bailiffs, consultants or experts, if the data transmission is required by the object of the works related to your case;
- Courts, law enforcement authorities, regulatory authorities or lawyers or other persons if it is proved necessary in order to establish, exercise or defend a right;
- Companies that provide services against money laundering, credit risk reduction and other fraud prevention purposes;
- Any third party to whom we assign or novate any rights or obligations, according to the law.
Data are processed mainly within the European Union. There is no transfer of data through sale, rental or exchange. If EPA transmits the data to third parties for the performance of a service, they are obliged to comply with the EU GDPR provisions (Article 28) or other legal provisions regarding confidentiality.
Ordinarily, EPA does not pass on personal data to third parties, unless the persons in question have given their consent or there is a legal obligation to transmit data.
PERIOD OF RETENTION
The personal data processed will be stored only as necessary, during your relationship established with EPA and subsequently for the retention periods required by the applicable law. If an action is filed in court, the personal data can be stored until the end of this action, including any periods of appeal, and then they will be deleted or archived.
Upon expiration of the retention period or the exercise of one of your rights, in accordance with the law, we will remove / delete your personal data from our systems and records and/ or take measures to anonymise them so you can no longer be identified based on them.
Data subjects have the right to lodge a complaint regarding the processing of their personal data. All questions and complaints will be processed by the contact person in a timely manner and in accordance with the internal procedures.
In the unlikely event that the clients were harmed due to the violation of the rights under the personal data protection policy and the EPA did not handle the complaint properly, the clients have the opportunity to file a complaint with the competent authority.
Complaints can be sent to the email address: email@example.com.
HOW EPA PROTECTS PERSONAL DATA?
EPA takes appropriate technical and organizational precautionary measures to ensure the security of personal data processed. The data is carefully protected against loss, destruction, forgery, manipulation and unauthorized access or disclosure. EPA staff and partners are required to maintain the confidentiality of personal data and are trained on how to process the data. The security of the computer systems used is regularly monitored.
YOUR RIGHTS IN CONNECTION WITH THE PROCESSING OF PERSONAL DATA
The right of access – represents your right to obtain information from the Company whether or not it processes your personal data and, if so, the categories of data processed and the way in which the data are processed.
The right to rectification – represents your right to obtain from the Company, without undue delay, the rectification of inaccurate personal data concerning you.
The right to delete data – represents your right to request the deletion of personal data when: (i) personal data are no longer required for the purposes for which they were collected or processed; (ii) withdraw your consent on the basis of which we process the data; (iii) personal data have been processed illegally; (iv) personal data must be deleted in order to comply with a legal obligation of the Company.
The right to restrict processing – represents your right to restrict the processing of data in the following situations: (i) you challenge the accuracy of the data; (ii) the processing is illegal, and you oppose the deletion of personal data, requesting instead the restriction of their use; (iii) The company no longer needs the personal data for the purpose of processing, but you request them for finding, exercising or defending a right in court.
The right to data portability – represents your right to receive personal data concerning you and processed by the Company.
Right to Opposition – At any time, you have the right to oppose the processing of your personal data if the processing is performed for the purpose of performing a task performed in the public interest or is necessary for the legitimate interest of the Company.
If you decide to exercise this right, the Company will no longer process your personal data, unless it demonstrates that it has legitimate and compelling reasons or legal obligations that justify processing and that prevail over the interests, rights and freedoms of the data subject or that the purpose is to find, exercise or defend a right in the court.
If you wish to exercise the rights mentioned above, please contact us, using the following contact details.:
- 32 Pictor Ion Negulici Street, 1st District, 011943 Bucharest, RO
- E-mail: firstname.lastname@example.org
- Fax: 0371 607 160
In order to comply with the legal obligations incumbent on us, to ensure the security and confidentiality of the data, when you exercise one of the rights you benefit as a data subject, it is possible that we may ask you to prove your identity or any other information necessary for verify that the request comes from the relevant data subject.
We will consider all the requests and complaints we receive and we will send you an answer in compliance with the deadlines provided by law. If you are not satisfied with our answer or consider that the processing is done in violation of the applicable law, you can file a complaint with the Romanian data surveillance authority: National Supervisory Authority for Personal Data Processing – with headquarters in Gheorghe Magheru Boulevard no. 28-30, Bucharest, Romania.