Spreksel advocaten

Privacy statement

This privacy statement applies to all services performed on behalf of Spreksel advocaten.

In providing its services, Spreksel advocaten processes personal data of clients and business associates. We deal with such data conscientiously. We attach a great deal of importance to the privacy of our clients and business associates, all the more so because we have a legal obligation to maintain the confidentiality of matters entrusted to us by our clients. We therefore do everything in our power to guarantee the confidentiality of data.

This privacy statement provides general information about how Spreksel advocaten deals with personal data. It also explains the rights of the data subject in relation to Spreksel advocaten.

The Privacy Officer at Spreksel advocaten is mr. S.H.Boogaard.

The Controller

Spreksel advocaten is a civil-law partnership registered in the Chamber of Commerce’s Trade Register under number 14109595 and with the office at Wilhelminasingel 63 in (NL-6221 BG) Maastricht, The Netherlands. Because we receive and process personal data we are the “Controller” within the meaning of the EU’s General Data Protection Regulation (GDPR). Questions regarding how we process personal data should be directed to the Privacy Officer.

Personal data processed by Spreksel advocaten

Spreksel advocaten processes various kinds of personal data for various different purposes. “Personal data” is taken to be the data with which individuals can be identified, for example their name, address, date of birth, and bank account number. In certain circumstances, the IP address or user name may also be regarded as personal data.

Legal services

Various types of personal data are processed in the course of providing legal services. We need the names and contact details of our clients in order to contact them, for example, but also to identify them. In doing so, lawyers are subject to the requirements of the statutory rules and the rules of conduct of the Netherlands Bar. Depending on the type of legal services concerned, we need to process a greater or lesser amount of personal data and sometimes also (highly) sensitive personal data. In some cases, we will also need to share personal data with third parties. If we do, we must always record this so as to be able to inform those involved later on if they so request.

Potential new employees

In the context of application procedures, Spreksel advocaten is obliged to also process the personal data of job applicants: their name, address, phone number, education and training, etc. We need these personal data in order to be able to make a proper assessment of the candidates. Data is not retained for any longer than six months after a decision has been made on the application. If necessary, Spreksel advocaten will store personal data for a longer period for the purpose of possible vacancies and/or future job applications. We only do this with the consent of the person concerned.

Third parties

In providing our legal services, we may acquire access to the personal data of third parties with whom we do not have a direct relationship. In the case of an insolvency, for example, Spreksel advocaten’ insolvency practitioners will receive considerable amounts of personal data which they need to process. Our lawyers also have to process the personal data of third parties during legal proceedings. Our employees will at all times deal carefully with such personal data and will only process it in accordance with the rights and obligations arising from the applicable privacy regulations. Processing will then take place in order to perform a statutory duty or to represent the legitimate interests of a third party.

Recipients of personal data

Spreksel advocaten will not transmit personal data that it processes to other parties unless that is necessary in one of the following cases.

Performance of an agreement

When performing an agreement with a data subject whose personal data Spreksel advocaten has in its possession, it may be necessary for that data to be sent to other companies, organisations, or institutions. One example would be when name and address details are sent to a bailiff in order to instigate legal proceedings.

Necessary external processing

Spreksel advocaten cannot provide its legal services without the cooperation of third parties, such as ICT providers. In some cases, those external parties will need to process personal data on our behalf. That will only be done on the basis of a processor agreement setting out the reciprocal rights and obligations for the careful processing of personal data.

Retention periods

When retaining personal data, Spreksel advocaten complies with the applicable statutory retention periods. Personal data may not be retained for longer than is necessary for the purpose for which it is being processed. That may differ from case to case. We remove or anonymise the data as soon as there is no longer any reason to retain it.

Transfer to countries outside the EU

It cannot be ruled out that providing legal services may mean that we need to transfer personal data to a country outside the European Union. Such countries do not always have the same guarantees as the Member States of the European Union. We will only pass on personal data to parties which can be expected to have a privacy policy similar to that of Spreksel advocaten itself.

The rights of data subjects

Data subjects whose personal data is being processed by Spreksel advocaten can invoke the following legal rights:

  1. access
  2. rectification
  3. deletion of data
  4. restriction of processing
  5. data portability
  6. objection.

In order to ensure that data subjects can exercise these rights, we explain them as follows.

Right of inspection

At the request of a data subject, Spreksel advocaten will generally provide an overview of the personal data that we process. When submitting a request, the data subject must identify him/herself by means of a valid identity document.

When responding to the request, Spreksel advocaten shall basically allow access to the personal data that is processed, the purposes for which that is done, the party/parties to which the personal data has been provided, the period during which it will be retained, and what other rights the data subject has.

There are also situations in which Spreksel advocaten will have received personal data that is subject to the confidentiality obligation imposed on lawyers. In such cases, we can provide only very limited, or indeed no, information about the data concerned.

Rectification

If Spreksel advocaten processes personal data incorrectly, the data subject has the right to rectification of the incorrect data. If the personal data is incomplete, he/she may request that it be added to.

Deletion of data

In certain specific circumstances, the data subject can require Spreksel advocaten to delete personal data that has been processed. Spreksel advocaten must comply in the following situations:

  • the data is no longer necessary for the purpose for which it was received
  • processing is taking place on the basis of the data subject’s consent and the data subject withdraws that consent and there is then no other legitimate basis for Spreksel advocaten to process it
  • the data subject objects to the personal data being processed and there are no compelling and legitimate grounds which outweigh the objection
  • the personal data has been processed wrongfully
  • the personal data must be deleted pursuant to a legal obligation
  • Spreksel advocaten has collected a child’s personal data in connection with an offer for mobile telephony or internet services.

Restriction of processing

If a data subject has requested a correction of personal data processed by Spreksel advocaten then he/she can ask for processing to be restricted while Spreksel advocaten is dealing with the request. The data subject can also ask for processing to be (temporarily) restricted if he/she considers that Spreksel advocaten is processing personal data wrongfully or no longer needs it, or if he/she has objected to it being processed.

If Spreksel advocaten sees reason to comply with the request for restriction, it will only continue to process data with the consent of the data subject or if there is a legitimate interest in doing so (including, but not limited to, asserting, exercising, or substantiating a legal claim).

Portability of data

A data subject has the right to request Spreksel advocaten to make the personal data available in a structured, commonly used, and machine-readable form. This is possible if the data has been processed on the basis of the data subject’s consent or in order to perform an agreement. The data subject also has the right to request that the personal data concerned be transferred to a different controller.

Objection

The data subject is entitled to object at any time to the processing of his/her personal data by Spreksel advocaten. This also applies if processing has taken place on the basis of profiles created by Spreksel advocaten, for example in connection with direct marketing. In such a case, Spreksel advocaten will discontinue processing unless it can invoke compelling and legitimate grounds for the processing. Those grounds must then outweigh the interests, rights, and freedoms of the data subject.

The data subject is entitled to object at any time to processing for the purpose of direct marketing. In such a case, Spreksel advocaten will always immediately cease processing the data for that purpose.

Exercise of rights

A data subject who wishes to exercise one or more of the above rights should contact our Privacy Officer. Spreksel advocaten will respond to the request within the statutory period of four weeks. One cannot exclude the possibility that we will be unable to respond to the substance of the request within that period. In that case, Spreksel advocaten will indicate why it needs more time to respond and how long doing so will take.

Complaints

If a data subject has a complaint about the way his/her personal data is being processed by Spreksel advocaten and considers that the latter has not taken the complaint seriously then he/she can notify the Dutch Data Protection Authority [Autoriteit Persoonsgegevens], which may then decide to carry out an investigation. The data subject can also initiate relatively simple proceedings before the courts. More information is available on the Authority’s website.

Questions and/or remarks

Questions and/or remarks regarding the processing of personal data should be directed to our Privacy Officer.

This privacy statement has been drawn up in accordance with the provisions of the EU’s General Data Protection Regulation (GDPR).

Spreksel advocaten reserves the right to amend this Privacy Statement periodically.

Version May 2019