Privacy Policy
Privacy of our clients and other individuals is important to us. This Privacy Policy explains how we treat the personal data at our lawyer agency Brázdil & Brázdilová advokátska kancelária s.r.o., with its registered seat at: Trhová 992/1, Zvolen 960 01, Company ID No.: 50 492 934 (hereinafter only „We“) when We provide you with our legal service. If you have any questions please do not hesitate to contact us at the phone number +421 45/ 5 333 722, our email address info@brazdil.sk or via regular mail service to the headquarters address. While treating your personal data, we are primarily guided by the General Data Protection Regulation (hereinafter called “GDPR” only) governing your rights as the data subject,[1] by those provisions of law on the personal data protection (hereinafter called “the Act” only) applying to us (the Article 78 in particular), by the Attorney Act (Article 18) as well as other regulations. We are observing the Code of Conduct as adopted by the Slovak Bar Association (hereinafter called “the SBA” only) that deals more precisely with the personal data processing by the attorneys. You can take more information on the SBA at www.sak.sk/gdpr.
Why do We process the personal data?
The personal data processing is unavoidable for us to:
- provide our clients with legal consultancy and to practise as an advocate;
- perform various legal, professional and contractual obligations; and
- protect the legitimate interests of us, our clients and other persons.
For what purpose and on what legal basis the personal data are processed?
| The purpose | The legal basis acc. to GDPR | Related regulations |
| on legal consultancy services | the exercise of profession compliance with the legal obligation acc. to Article 6 section 1 c) of GDPR, of the Act (in relation to special data categories, some additional conditions acc. to the Article 9 section 2 f) GDPR of the Act may apply) | the Act No. 586/2003 Coll. on the advocacy, the Slovak Code of Lawyers, Act. No. 513/1991 Coll. – Commercial Code, the Act No. 40/1964 Coll. Civil Code |
| other than legal consultancy service | performance of the contract acc. to Article 6 section 1 c) of GDPR, of the Act; the alternative compliance with the legal obligation acc. to the Article 6 section 1 c) GDPR of the Act | Act No. 315/2016 Coll. on the public sector partners Register, the Act No. 305/2013 Coll. on the electronic form of performance of the public authorities, the Act No. 513/1991 Coll. Commercial Code, the Act. No. 40/1964 Coll. Civil Code, the Act No. 116/1990 Coll. on the lease and sublease of non residential premises |
| establishment of compliance with the legal regulations and those of the Slovak Bar Association | compliance with the legal obligation acc. to the Article 6 section 1 c) GDPR of the Act, the legitimate interest of the advocates or third parties acc. to the Article 6 section 1 f) GDPR of the Act, the public interest acc. to the Article 6 section 1 e) GDPR of the Act, or the defense of legal claims acc. to the Article 9 section 2 f) GDPR of the Act | |
| purposes in relation to the legitimate interests | the legitimate interests of advocates or third parties acc. to the Article 6 section 1 f) GDPR of the Act | GDPR, the Act No. 513/1991 Coll. Commercial Code, the Act No. 40/1964 Coll. Civil Code, the Act No. 301/2005 Coll. Code of Criminal Procedure, the Act No. 300/2005 Coll. Criminal Code, the Act No. 160/2015 Coll. Code of Civil Contentious Procedure, the Act No. 161/2015 Coll. Code of Civil Non-Contentious Procedure, the Act No. 162/2015 Coll. Administrative Court Rules, the Act No. 71/1967 Coll. Code of Administrative Procedure, the Act No. 372/1990 Coll. Act on the Misdemeanours, |
| statistical purposes, archiving purposes in the public interest and purposes of the historical and scientific research | Article 89 GDPR | the Act No. 395/2002 Coll. on the archives and Registries |
| accounting and fiscal purposes | compliance with the legal obligation acc. to Article 6 section 1 c) of GDPR, of the Act | special acts on accounting and tax administration |
To whom we disclose your personal data?
The personal data of our clients and other natural persons are disclosed in the unavoidable extent only and always keeping the confidentiality of the data recipients such as public authorities (courts and administration bodies), our staff, persons being authorized to perform some legal acts, representing or cooperating lawyers, our accounting counselors, translators, the Slovak Bar Association (e.g. in case of disciplinary proceedings) or provider of software or supporting our offices (the staff of such persons included). Although, for the reason of confidentiality, having the restricted obligation to disclose your personal data to public authorities[2], we are obliged to thwart a criminal offense and to provide them with information in order to avoid the money laundering and the financing of terrorism.
To which countries do we transmit your personal data?
The cross-border transmission of your data to third countries out of the CEE (EU, Island, Norway and Lichtenstein) is not intended. We are using the safe cloud servers of the certified provider with its servers located within the jurisdiction of the EU exclusively.
What automated individual decisions are being made?
We do no automated individual decision taking.
How long do we store your personal data?
We store your personal data not longer than as it is required for the purpose of their processing. We observe the recommended storage terms adopted by the Resolution of the Presidency of the Slovak Bar Association No. 29/11/2011 stating e.g.
- The incoming mail logbook and the outgoing mail logbook shall be stored for ten years after the last entry of the incoming or outgoing item was made in the logbook by the lawyer;
- The muster list shall be stored for ten years from its drawing up by the lawyer;
- If the lawyer keeps the list of clients and the dossiers of clients in the electronic form, so the advocate shall print them out at the end of the respective calendar year and store it for an unlimited period of time;
- The shredding period of the client’s dossier lasts ten years and starts running on the day when all preconditions for the storage in archives are fulfilled.
The professional rules on the lawyer’s obligations interpreting the rules for advocates introduced by the Attorney Act apply to the lawyers pursuant to which there exist some circumstances extending our storage terms concerning the personal data and/or impede shredding of some documents understandably. The following documents and dossiers must not be shredded:
- The client’s dossier containing the original copies of deeds handed over to the lawyer by the client;
- The notes on the client’s dossiers and the list of client’s dossiers;
- Such client’s dossier or a part thereof that is to be submitted to the state archive;
- Any client’s dossier as far as any proceeding is in course before the court, a public authority, law enforcement authorities, the Slovak Bar Association, that with its content is linked to the content of the said client’s dossier or the matter of which was the conduct or omission of the lawyer during his consultancy services provided to client in the matter.
How we gather your personal data?
If you are our client we get the information from you directly most often. In such a case the gathering four personal data is run on the voluntary basis. In dependence on the particular case, failure to provide the personal data by the client may impact our capacity to provide you with consultancy at the appropriate quality level or, in some extraordinary cases, it may induce our obligation to refuse any legal consultancy. We may get the information related to our clients also from the accessible sources to the public, from the public authorities or from other persons. If you aren’t our client we gather your personal data from our clients or from other public or from legal sources as for instance through asking from public authorities, from the extracts of the public registries, collecting proofs to the client’s favour etc. In such a case, we can gather your personal data without asking you and also against your will, always based upon our legal authorization and commitment to carry the profession of lawyer adhering to the Attorney Act.
What are your rights as a data subject?
If we process your personal data based on your consent with the personal data processing, you may revoke your consent at anytime.
Regardless the above, you have the right to object at any time to processing of personal data in the public interest or on grounds of the legitimate interests as well as for direct marketing purposes, profiling included.
As a client you have the right to ask the access to your personal data and the correction thereof. If we are processing your personal data within the legal consultancy services, you as a client or another natural person (e.g. defendant) may not object to such processing, pursuant to the Article 22 GDPR. If the personal data concern the client (regardless whether legal entity or natural person), neither the right to access to such data nor the right to transferability is given to other persons due to our confidentiality commitment as well as with reference to the Article 15 section 4 GDPR, Article 20 section 4 GDPR, and also to the Article 18 section 8 of the Attorney Act: “The lawyer is not committed to provide information on the data processing, to make such data transferable or accessible pursuant to special regulation if it implied a violation of the lawyer’s confidentiality commitment, pursuant to this Act.” You can lay a complaint at the Personal Data Protection Supervisory Authority or at the Slovak Bar Association at any time.
Processing of cookies
Cookies are small text files improving the use of websites e.g. through enabling to recognize the previous visitors at logging in to the user environment, saving the user’s option when opening a new window, and through monitoring the website traffic or the way of its use in order to improve its user-friendliness. Our website is using cookies to improve the service. You can at any time switch off the saving cookies in your device at your web browser’s settings. Pursuant to the Article 55 section 5 of the Act on the electronic communications, the setup of your browser is considered your consent with using cookies on our website.
Privacy Policy Amendment
The data protection is not a one-off event for us. Information we are committed to provide you with based upon our data processing may undergo some changes and/or become out of date. For such a reason, we reserve the right to change and amend these conditions in any extent and anytime. If we change those conditions substantially, we let you know about it through a general notice on our website or via a special email message.