In the context of the services provided by LE-gals, personal data is processed. The term “personal data” means all information about an identified or identifiable natural person. In processing personal data, LE-gals qualifies as a data controller and complies with applicable law, including the General Data Protection Regulation (EU) 2016/679 (“GDPR“) and the Dutch GDPR Implementation Act (the Uitvoeringswet Algemene Verordening Gegevensbescherming).
What personal data does LE-gals process?
Clients – LE-gals processes the following (categories of) personal data of (contact persons of) clients :
- Name and address information (surname, first names, initials, title, gender, address, zip code, city) as provided by the client;
- Other (contact) data (telephone number, e-mail address and similar data required for communication) as provided by the client;
- Data relating to the handling of a case or the resolution of a dispute, also including data relating to the opposing party and third parties, as provided by the client, an opposing party and/or a third party or obtained from public sources, see also below under “Third Parties”;
- Data for the purpose of calculating and recording fees and expenses, making payments and collecting receivables, including the bank account number as provided by the client;
- Other data obtained from public sources (such as the Trade Registry, the Chamber of Commerce and the Land Registry) or provided to us by third parties in the context of handling a case or settling a dispute;
- Other client data of which processing is required by or necessary to comply with applicable laws or regulations, such as, under certain circumstances, the processing of certain data relating to proof of identity and the maintenance of a former client list.
Suppliers – LE-gals processes the following (categories of) personal data of persons from whom LE-gals purchases products or services or who are employed by these suppliers (hereinafter “suppliers”):
- Name and address information (surname, first names, initials, title, gender, address, zip code, city) as provided by the supplier;
- Other (contact) data (telephone number, e-mail address and similar data required for communication) as provided by the supplier;
- Data for the purpose of making orders, purchasing services, calculating and recording fees and expenses and making payments and collecting receivables, including the bank account number as provided by the supplier;
- Other data of suppliers for which processing is required by or necessary to comply with applicable laws or regulations.
Third Parties – parties (such as persons other than clients whose personal data appear in the files, lawyers and other consultants with whom LE-gals has contact):
- Name and address information (surname, first names, initials, title, gender, address, zip code, city), to the extent disclosed to LE-gals;
- Other (contact) data (telephone number, e-mail address and similar data required for communication), to the extent disclosed to LE-gals;
- Data relating to electronic messages originating from or intended for third parties and data necessary to maintain contact with these third parties;
- Other third-party data obtained from public sources or provided to LE-gals by clients, opposing parties or third parties in connection with the handling of a case or the resolution of a dispute.
On which bases and for which purposes does LE-gals process your personal data?
LE-gals processes your personal data on the basis of one or more of the following legal grounds:
- the performance of a contract to which you are a party or the performance of pre-contractual acts at your request;
- to comply with a legal obligation;
- to protect our legitimate interests or the interests of a third party;
- with your consent.
When LE-gals processes your personal data on the basis of your consent, LE-gals will ask you for it separately. You may withdraw your consent at any time. LE-gals reminds you that withdrawing your consent does not affect the lawfulness of the processing of your personal data prior to the withdrawal of your consent.
LE-gals uses the above personal data for the purposes listed below, whereby for each purpose it is indicated on which basis (1 to 4) LE-gals does this. If a processing is based on ‘legitimate interest’, this interest will be briefly explained. If you have specific questions about this, you can always contact us.
Purposes with associated bases:
- in order to provide the requested legal services, including identifying the client and conducting a conflict check to avoid conflicts of interest (1, 2 and 3: to be able to offer and improve services);
- for the administration of LE-gals, including the calculation or recording of fees or benefits, income and expenses, payment and collection of debts (including the use of collection agencies or bailiffs) (1, 2 and 3: the interest in keeping proper records);
- to be able to handle any complaints and disputes about the service (1, 2 and 3: to defend rights, to maintain and improve existing relationships through proper complaint handling and to improve the quality of the service);
- to keep in touch with you and to communicate with you; (1, 2 and 3: the importance of bringing LE-gals’ services to the attention of existing customers);
- or placing orders or purchasing services (1, 2 and 3: the importance of being able to keep proper records);
- for auditing and other internal control purposes (1, 2 and 3: the importance of keeping accurate records;
- for compliance with our legal and regulatory obligations (2 and 3: the interest in being able to comply with these obligations).
To whom does LE-gals provide your personal data?
LE-gals does not provide your personal data to third parties (“recipients” within the meaning of the GDPR), unless this is necessary for the proper execution of the purposes described in this privacy statement, when legally required or when you have given your consent. The third parties to whom the personal data is made available are obliged to treat your personal data confidentially. If these parties are considered ‘processors’ within the meaning of the privacy legislation, LE-gals will ensure that a processing agreement is entered into with these parties which meets the requirements described in the GDPR. LE-gals may share personal data of clients, suppliers and third parties with):
- Suppliers (such as softwaresuppliers, bailiffs, courier services, translation services, accountants, etc.);
- Opposing parties, lawyers or advisors in relation to the services;
- Courts and government authorities;
- Other parties, such as regulators and other agencies if required by law or with your permission.
For the purpose of providing services, LE-gals may transfer personal data to a recipient in a country outside the European Union that offers a lower level of protection of personal data than European law. In that case, LE-gals will ensure that such transfer of personal data complies with the applicable laws and regulations, for example by concluding a model contract drawn up and approved for that purpose by the European Commission.
How long does LE-gals retain your personal data?
LE-gals will not retain your personal data in an identifiable form longer than is necessary to fulfill the purposes stated in this privacy statement. More specifically, LE-gals uses the following retention periods:
- Records of cases handled by LE-gals will be kept for at least five years (and longer if required by law).
- Personal data that must be administered pursuant to article 52 of the General Act on State Taxes (Algemene wet inzake rijksbelastingen “AWR“) will be retained for 7 years (as of the end of the year in which the data in question lost its actual relevance for the (tax) business operations) in connection with the tax retention obligation incumbent on LE-gals pursuant to Section 52(4) AWR.
The specific retention periods mentioned above may be extended if legal retention obligations apply/become applicable. LE-gals may also retain personal data for a longer period of time if this is necessary for the resolution of incidents and/or legal disputes.
LE-gals has taken appropriate technical and organizational measures to protect your personal data against unauthorized or unlawful processing and against loss, destruction, damage, alteration or disclosure. For questions regarding the security of your personal data, or if you suspect or have evidence of misuse, please contact us at LE@le-gals.eu.
LE-gals is not liable for damages resulting from unauthorized access to or loss of personal data that nevertheless occurs and/or for damages resulting from unauthorized access to or loss or manipulation of such data that occurs in the transmission over or use of the internet, networks, systems or software developed by third parties.
Your privacy rights
You have the following rights with respect to the processing of your personal data by LE-gals:
- the right to request whether LE-gals processes personal data about you and, if so, to access your personal data;
- the right to have your personal data rectified if it is incorrect or incomplete;
- the right to have your personal data erased (“right to be forgotten”);
- the right to object to the processing of your personal data or to restrict the processing of your personal data;
- the right to withdraw consent to the processing of your personal data, if the processing is based on your consent;
- the right to receive or transfer your personal data to a third party designated by you in a structured, commonly used and machine-readable form (‘right to data portability’).
To exercise your rights, please contact LE-gals at LE@le-gals.eu or by mail using the contact information above.
To prevent LE-gals from providing information to the wrong person, LE-gals may ask for additional information to verify your identity. In principle, LE-gals will inform you no later than one month after receipt of your request whether LE-gals can comply with your request. This period may be extended by two months in specific cases, e.g. where there is a complex request. About such an extension, LE-gals will inform you no later than one month after receipt of your request. Pursuant to privacy laws, LE-gals may refuse your request under certain circumstances. If this is the case, LE-gals will explain to you why. More information about your privacy rights can be found on the website of the Data Protection Authority.
If you have a complaint about the processing of your personal data by LE-gals, LE-gals will try to resolve this together with you. If this does not lead to the desired result, you have the right to submit a complaint to the competent supervisory authority. In the Netherlands this is the Data Protection Authority (Autoriteit Persoonsgegevens). If you live or work in another country of the European Union, you can submit a complaint to the supervisor in that country.
This privacy statement was last updated on December 20, 2020. LE-gals reserves the right to modify this privacy statement. The most recent version of this privacy statement will always be provided to you. If there are substantial changes that could significantly affect one or more data subjects, LE-gals will strive to inform those data subjects immediately.