This policy describes how Advokatskrivstovan processes personal data in situations where we handle cases for persons and corporations. The policy also applies when we administer foundations.
Advokatskrivstovan only processes necessary data in order to reach the above mentioned purposes. Our need to process data is also based on our obligations to provide prudent counsel for our clients. When we process data we focus on only processing data which is relevant and necessary. The data will be processed legally, reasonably, transparently and objectively.
1. Data controller
2. Processing of data
2.1 Processing in regard to legal services
Advokatskrivstovan is the data controller when we handle cases for our clients. As data controller we are aware that we can only process data confidentially about our clients and other persons that are relevant for the specific case. We process normal identity data, social security numbers, sensitive data and data concerning possible culpable data.
When we provide legal assistance to our clients, we establish a case in our it system. We use the personal data to communicate with the clients and we can also use the data to register information with public authorities as a part of the case. In this regard it is also often necessary to collect social security numbers from our clients.
In some cases, we process sensitive information, for example data concerning health conditions, affiliations with unions, culpable data and private data.
Advokatskrivstovan has the right to process social security numbers according to § 16 in the law on personal data when the processing has legal basis in the law or when the client provides it. We ask for social security numbers or registration papers in order to comply with the law on anti money laundering.
As a general rule the data will be sent by our clients. In some cases we will collect the data from counterparties and other parties, for example public authorities, financial institutions, insurance companies and so forth.
If you are a client of ours our processing of data will as a general rule have the legal basis in § 8, section 1, no 2, that we have an agreement with you to provide legal services, for example consulting services or the handling of a lawsuit. The processing can also be necessary according to § 8, section 1, no. 3 in order to comply with obligations of the law or § 6, section 1, no. 4 to protect your crucial interests. When processing sensitive data, the processing is based on consent or that the processing is necessary in order to confirm, present or defend legal claims.
If you are a counterparty or a third party in a case our processing of data is based on § 8, section 1, no. 4 to protect crucial interests and § 8, section 1, no. 3 to comply with obligations of the law.
We delete personal data when there no longer is a need to process the data. In this regard we also consider obligations according to law, for example the law on anti money laundering, the law on bookkeeping and the statutes of limitations. We also need to secure that the obligations according to the rules on attorneys’ ethical behaviour are complied with and we must be able to examine conflicts of interest.
2.2 Processing in regard to our obligations according to the law on anti money laundering.
The law on anti money laundering applies when legal services are provided by planning or expediting transactions on behalf of clients in relation to:
a) real estate transactions and acquisitions of corporations,
b) administration of funds, securities or other assets on behalf of clients,
c) opening or administration of bank-, savings-, or securities accounts,
d) receival of necessary capital in order to establish, run or lead a business,
e) establishment or management of a business or
f) other commercial consultancy services
The law on anti money laundering also applies when the attorney on behalf of the client executes a financial transaction or a transaction concerning real estate. If you are a client in those cases, you will be asked to provide information about your identity. Advokatskrivstovan is obligated to collect and register this information. In regard to corporations, the same information will be collected and registered about the owners of the company.
The information you will be asked to provide is social security number, name, address and so forth. Usually this information can be provided in the form of passport or driver’s license. We can also collect documents from registration authorities in the Faroe Islands as well as from foreign countries.
The collected information will be kept for 5 years and thereafter the information will be deleted.
The information will mostly be collected from the client. Advokatskrivstovan is obligated to make sure that the information is correct and updated.
The processing is based on § 8, section 1, no. 3 in the law on personal data which is processing necessary to comply with obligations of the law.
Advokatskrivstovan can be asked to send information to the public authorities, the Police or the SEC. In those matters the legal basis is also that we are obligated to comply with obligations of the law.
2.3 Legal Courses
If you attend a course held by Advokatskrivstovan or if you work for a client of ours and participate in a course held by Advokatskrivstovan we process normal communications data such as name, e-mail address, phone number and employer.
The information is usually provided by yourself or by your employer.
If you are a party in the agreement with us the processing of data is based on § 8, section 1, no. 2 in the law on personal data because we need the information in order to comply with the agreement with you. The legal basis can also be § 8, section 1, no. 6 which is to comply with mandated interests on your behalf.
We save personal data as long as we deem it necessary in order to complete the course and evaluate it. If you are employed by a client of ours the data will be saved as long as we have a professional relationship with your employer. We also have obligations to save certain personal data according to the law on bookkeeping for 5 years.
2.4 Administration of foundations and corporations
Advokatskrivstovan administers several foundations and corporations and in this regard personal data is being processed in different situations, for example when we summon board members to meetings and receive and process applications.
The relevant personal data is normal communication information such as name, e-mail, phone number and workplace. In some cases it is necessary to process social security numbers.
The legal basis for the processing is § 8, section 1, no. 6 in the law on personal data which is to comply with mandated interests on your behalf.
We only save personal data as long as it is necessary. We also have obligations to save certain personal data according to the law on bookkeeping for 5 years.
2.5 Visiting our website
Personal data which Advokatskrivstovan receives will be processed confidentially. As a general rule the data will not be sent to third parties.
However, as a part of our work for the client we do have the right to share the data with counterparties, witnesses, labour unions, employers, municipalities, public authorities, the courts and so forth.
4. Your rights
According to the law on personal data you have certain rights.
- The right to insight: You have the right to see which information we process about you.
- The right to correction: You have the right to have wrong information about yourself corrected.
- The right to deletion: In some cases you have the right to have information about yourself deleted before we intend to delete it.
- The right to minimize processing: In some cases you have the right to have the processing of data minimized. If you have the right to have the processing minimized, we are, as a general rule, only able to save the information.
- The right to transfer of data: In some cases you have the right to have your personal data delivered to you in an organized, commonly used and computerized design and to have this data moved from one data controller to another.
- The right to protest: In some cases you have the right to protest our processing of data.
- The right to not be processed individually only based on automatic processing.
Your request will be answered as soon as possible and latest 4 weeks after receival. If certain conditions such as quantity and difficulty make it impossible to answer the request within 4 weeks the time frame can be extended with 8 weeks. You will receive a message from us if the time limit is extended.
If you are not satisfied with the way we process your personal data and you are not satisfied with how we handled your complaint you can send a complaint to The Data Inspection Authority
Phone: +298 309 101