Information relating to the processing and protection of personal data
The privacy of our clients and other individuals is important to us. We process personal data in accordance with European Parliament and Council Regulation (EU) No. 2016/679 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter referred to as the "GDPR" ); Act No. 18/2018 Coll. on the protection of personal data and on amendment to certain acts (hereinafter referred to as the "Personal Data Protection Act") and other generally binding legal regulations, in particular Act No. 586/2003 Coll. on Advocacy, as amended (hereinafter referred to as the "Advocacy Act"). At the same time, we adhere to the Code of Conduct adopted by the Slovak Bar Association (hereinafter referred to as the "SAK"), which explains in more detail the processing of personal data by lawyers. The SAK Code of Conduct can be consulted on the Chamber`s website – www.sak.sk/gdpr.
Law firm identification and contact details:
JUDr. Martin Janáč, Lawyer
Registered office: Wilsonova ul. č. 3, 811 07 Bratislava
Reg. No.: 30 849 225
tel./fax No. 00 421 2 524 94 252
In accordance with the GDPR and the Personal Data Protection Act, the basic terms are defined as follows:
1. personal data are any data or information relating to an identified or identifiable natural person; identifiable natural person is a person who can be identified directly or indirectly, in particular on the basis of a generic identifier, other identifier, such as name, identification number, location data, online identifier, or on the basis of one or more characteristics or characters constituting his or her physical, physiological, genetic, mental, economic, cultural or social identity;
2. data subject is any natural person about whom personal data are processed;
3. controller is any natural or legal person who, alone or jointly with others, determines the purpose of processing and processes personal data on its own behalf;
4. intermediary is any natural person or legal entity which, on the basis of an authorisation or a contract concluded with the controller, processes personal data on behalf of the controller;
5. recipient is a natural person or legal entity; a public authority, agency or other entity to whom the personal data are provided or made available, including intermediary
6. purpose of processing is a clearly pre-defined or a statutory plan of personal data processing, which relates to a particular activity,
7. processing of personal data is any operation or a set of operations related to personal data, such as obtaining, recording, organising, altering or repairing, searching, browsing, using, restricting, providing, disclosing, cross-border transmitting, storing, deleting or destroying, regardless whether they are carried out through automated, partially automated or non-automated means of processing,
8 data subject's consent means any freely given specific, informed and explicit expression of data subject`s will, by which, through a clear act of confirmation, he/she expresses consent to the processing of personal data relating to him/her,
9. legitimate interest is the interest of the controller or other entity that prevails over the interests or fundamental rights and freedoms of the data subject.
Purpose of processing and legal basis of processing of personal data:
Our law firm processes personal data of natural persons primarily in order to provide legal services to our clients and practice the law profession, protect the legitimate interests of our clients and other persons, as well as our law firm, and fulfil legal, professional and contractual obligations.
In this context, we process personal data on a legal basis and for the purpose of:
1. providing legal services and practising the law profession under the Act on Advocacy and other special regulations depending on the area to which the provided legal service belongs; in the case of the processing of sensitive personal data, the processing necessary for establishing, asserting and defending legal claims is also applied in a secondary manner;
2. fulfilment of obligations in the field of protection against money laundering and terrorist financing pursuant to Act No. 297/2008 Coll., on protection against money laundering and on protection against financing of terrorism and on amendment to certain acts, as amended;
3. implementation of the economic agenda and processing of accounting documents pursuant to special acts, in particular Act No. 431/2002 Coll,. on accounting, as amended, Act No. 283/2002 Coll., on travel expenses, as amended, Act No. 595/2003 Coll., on income tax, as amended, and other related regulations;
4. managing incoming and outgoing mail (correspondence) pursuant to Act No. 395/2002 Coll., on archives and registries and on amendment to certain acts, as amended,
5. processing requests by which the data subjects exercised their rights under the GDPR and the Personal Data Protection Act.
Collection of personal data
As a rule, we obtain personal data from clients of our law firm directly from clients, as data subjects. We may also obtain personal data from public authorities or other persons. On a case by case basis,, failure to provide personal data by the client may affect the ability of our law firm to provide quality legal advice or, in exceptional cases, the obligation to refuse to provide legal advice.
As a rule, we collect other natural persons` data from clients of our law firm or from other public or legal sources, such as requesting them from public authorities, extracts from public registers, obtaining evidence for the benefit of the client, etc. In such a case, we obtain personal data without informing the data subjects on the basis of legal authorisation and at the same time on the basis of the obligation to practice advocacy in accordance with the Act on Advocacy.
Recipients of personal data
In accordance with the Law on Advocacy, personal data is provided or made available solely within the fulfilment of obligations arising from the applicable legislation of the Slovak Republic, only to the extent necessary and always with the confidentiality of the recipient, in particular to persons whom we entrust to carry out individual legal services, representing or cooperating attorneys, accounting advisers, the Slovak Bar Association (e.g. in case of disciplinary proceedings) or providers who provide our office with software or support.
While we have a limited obligation to disclose your personal data to public authorities for confidentiality purposes, we are obliged to thwart the commission of a criminal offence, and we are also required to disclose information related to money laundering and terrorist financing.
We do not carry out cross-border transfer of personal data to third countries outside the European Economic Area (EU, Iceland, Norway and Liechtenstein) or to international organisations, we are not obligated to do so under special regulations and we do not intend to carry out such transfer.
Automated individual decision-making and profiling, information society services
We do not process personal data based on automated individual decision making or profiling, nor do we provide information society services under Article 8(1) of the GDPR and §15(1) of the Personal Data Protection Act.
Consent to the processing of personal data and the right of revocation
The consent of the data subject shall be obtained only if no other legal reason for the processing of personal data applies without consent. The provision of personal data and the granting of consent is in this case voluntary.
If personal data are processed with the consent, the data subject has the right to revoke his consent to the processing of personal data at any time. Revocation of consent shall not affect the lawfulness of the processing of personal data based on the consent given prior to its revocation.
Period of retention of personal data
We process and store personal data in particular for the period necessary for processing, the period determined by special regulations, taking into account the fulfilment of archiving obligations under special regulations. When storing personal data, we also follow the recommended retention periods in accordance with SAK Bureau Resolution No. 29/11/2011, in particular:
1. the incoming and outgoing mail book shall be kept for 10 years from the date of receiving or sending the last consignment recorded in the book,
2. the inventory list is archived for 10 years after it was prepared;
3. the shredding period of the client`s file is 10 years and runs from the day when all the conditions for the filing of the file are met.
Lawyers are also subject to professional transcripts interpreting the duties of lawyers under the Act on Advocacy, according to which there are circumstances that prolong the period of retention of personal data or prevent the destruction of certain documents, in particular it is not possible to shred:
1. a client file containing original documents handed over to a lawyer by the client;
2. client file protocols and client file nomenclature;
3. the client's file or part of it which the lawyer is obliged to hand over to the State Archives;
4. the client file, in so far as any proceedings are pending before a court, a state administration body, law enforcement authorities, the SAK, which are related to the content of the client file or the content of which was an act or omission of a lawyer in providing legal assistance to the client.
Protection of the rights of data subjects:
As a client, you have the right to require access to and correction of your personal data. If we process personal data when providing legal services, you as a client or other natural person (e.g. a counterparty) have no right to object to such processing under Article 22 of the GDPR. If personal data relates to the client (regardless of whether the client is a legal or natural person), other persons are not entitled to the right of access to data or the right to portability due to our legal obligation of confidentiality and by reference to Article No. 15( 4) of the GDPR, 20(4) of the GDPR and §18(8) of the Advocacy Act: "A lawyer shall not be obliged to provide information on the processing of personal data, to allow access to or portability of personal data under a special regulation, if this could lead to a breach of the lawyer's obligation to maintain confidentiality under this law.”
If the data subject considers that his/her rights have been violated during the processing of his/her personal data, he/she has the right to file a complaint with the Office for Personal Data Protection or a motion to initiate proceedings in accordance with the Personal Data Protection Act. He/she is also entitled to turn to the SAK.
Privacy is not a one-time deal for us. The information we are obliged to provide to you regarding our processing of personal data may change or cease to be current. For this reason, we reserve the right to modify these terms and conditions at any time to any extent. In case we change these conditions in a substantial way, we shall inform you on this change, e.g. in the form of a general notice on this website or a special notice via e-mail.
If you have any questions regarding privacy or the acceptance and processing of the data subject's request, you can contact us by post at our registered office address or by e-mail at email@example.com.