Advocate

Mgr. Marcela Jašurková

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Privacy policy

Protection of personal data of our clients and other individuals is important to us. This Privacy Policy provides an explanation how we process personal data when providing legal services at law firm: Mgr. Marcela Jasurkova, advocate, with registered seat at: Martina Granca 3528/9, 841 02 Bratislava, Identification number (IČO): 42216648 (hereinafter referred to as “We“). Should you have any questions or queries you may contact us by phone on +421 910 574 875, by sending an e-mail to office@jasurkova.sk or by post at the registered seat.

In the processing of personal data, we are primarily governed by the EU General Data Protection Regulation (the “GDPR”), which also governs your rights as the data subject1 the provisions of the Act on Personal Data Protection applicable to us (in particular Section 78), the Act on Legal Profession (Section 18) as well as other applicable legislation. We are in compliance with the Code of Conduct adopted by the Slovak Bar Association (“SBA“) that explains processing of personal data by lawyers. You can familiarize yourself with the SBA’s Code of Conduct in more detail at www.sak.sk/gdpr.

 

Why do we process personal data?

Processing of personal data is necessary for us mainly to:

  • provide legal services to our clients and pursue the legal profession;
  • comply with various legal, professional and contractual obligations; and
  • protect legitimate interests of us, our clients and other persons.

What are our purposes of processing personal data and on what legal grounds are they made?

Purpose

Legal ground

Relevant legislation

Provision of legal services

(practice of profession)

Compliance with legal obligation pursuant to Article 6 (1) (c) GDPR, or Article 9 (2) (f) GDPR, and performance of contract pursuant to Article 6 (1) (b) GDPR

Act on legal profession, Rules of professional Conduct for Lawyers, Civil Code and Commercial Code

Provision of non-legal services

Compliance with legal obligation pursuant to Article 6 (1) (c) GDPR, performance of contract pursuant to Article 6 (1) (b) GDPR or legitimate interest pursuant to Article 6 (1) (f) GDPR

Public Sector Partners Act, Act on e-Government, Civil Code and Commercial Code

Compliance with laws and regulations of Slovak Bar Association

Compliance with legal obligation pursuant to Article 6 (1) (c) GDPR, legitimate interest of lawyers or third parties pursuant to Article 6 (1) (f) GDPR or public interest pursuant to Article 6 (1) (e) GDPR

Act on legal profession, Rules of professional Conduct for Lawyers, Anti-Money Laundering Act, Act on Whistleblowing, GDPR

Purposes concerning protection of legitimate interests

Legitimate interest of lawyers or third parties pursuant to Article 6 (1) (f) GDPR

GDPR, Civil Code and Commercial Code, Criminal Code, Criminal Procedure, Civil Procedure, Code of Civil Non-Contentious Procedure, Code of Administrative Judicial Procedure, Code Administrative Procedure, Act on Offences

Marketing purposes

Consent of data subject pursuant to Article 6 (1) (a) GDPR or legitimate interest of lawyers or third parties pursuant to Article 6 (1) (f) GDPR

Act on Legal profession, Act on Electronic Communications, Act on Advertising, Consumer Protection Act, Civil Code

Statistical purposes, archiving purposes in public interest and purposes of historical and scientific research

The legal ground that allowed collection of personal data for original purposes (compatible purposes) in the light of Article 89 GDPR

Act on Archives

Personal & Payroll

Compliance with legal obligation pursuant to Article 6 (1) (c) GDPR, legitimate interest pursuant to Article 6 (1) (f) GDPR, or performance of contract pursuant to Article 6 (1) (b) GDPR

Labor Code, Act on Legal profession and other legislation

Accounting & Tax purposes

Compliance with legal obligation pursuant to Article 6 (1) (c) GDPR

Specific law in the area of accountancy and taxes

What are the legitimate interests that we pursue when processing personal data?

The law firm is sometimes interested in using your personal data for other purpose than the purpose for which you have provided them, mainly if we follow our legitimate interests or legitimate interests of third parties. Above-mentioned is applying on marketing purposes or on purpose to demonstrate, apply and defend our legal claims. For this purpose, we will do adequacy test. You, as data subject, have a reason to object to the processing of your personal data in any particular situation. Your objections will be properly dealt and if there are no (i) necessary legitimate reasons for processing that outweigh your interests, rights and freedoms as a data subject, or (ii) reasons to demonstrate, apply or defend legal claims, we will not continue in such processing. In case you, as data subject, will object to the processing of your personal data on marketing purposes, we will not continue in such processing.

To whom do we disclose your personal data?

We provide personal data of our clients and other individuals only to the extent necessary and always while maintaining the confidentiality of the data recipient, e.g. to our employees, persons authorized to take individual legal actions within provision of legal services (mainly associates), substituting or cooperating lawyers, our accountancy advisors, or other professional advisors, the SBA (e.g. in the case of disciplinary proceedings) or to providers of software or the support to our law firm, including employees of those persons.

Although our obligation to provide your personal data to public authorities is limited for reasons of confidentiality2, we are required to frustrate the commission of criminal offences and we also have the obligation to report information regarding prevention of money laundering and terrorism financing.

To which countries do we transfer your personal data?

We do not intend to transfer your personal data outside the European Economic Area (EU, Iceland, Norway and Lichtenstein).

We do not make any automated individual decision-making regarding your personal data.

 

How long do we keep your personal data?

We keep your personal data as long as it is necessary for the purposes for which personal data are processed. When storing personal data, we follow the recommended retention periods under the Resolution of Council of SBA No. 29/11/2011, e.g:

  • The incoming mail book/register and the outgoing mail book/register after it has been filled, is kept by the lawyer for ten years from the date of receipt or sending of the last mail registered in such book;

  • The inventory list is archived by the lawyer for ten years after made;

  • If the lawyer keeps a list of client names and client records electronically, at the end of the calendar year he or she will make its printed form for the calendar year and store it in the office without any time limit;

  • Client files shredding period is ten years and starts from the date when all the conditions for deposition of the file to the archive are fulfilled.

Lawyers are subject to professional regulations of the SBA that interpret their obligations under the Act on Legal Profession, according to which there are certain circumstances that extend our retention periods of personal data and explicitly prevent us from shredding some documents on reasonable grounds, such as:

  • A client file that contains original documents delivered to us by the client cannot be shredded;

  • It is not possible to shred client file protocols and list of client file;

  • It is not possible to shred the client file or its part that the lawyer is obliged to submit to the state archives;

  • It is not possible to shred the client file if any proceedings before the courts, state administration bodies, law enforcement authorities, the SBA are pending that have a material relation to the contents of the client file or that concern the lawyer‘s legal action or omission in providing legal services in that client‘s matter.

How do we collect your personal data?

If you are our client, we often obtain your personal data directly from you. In such case obtaining your personal data is voluntary. Depending on the particular case the failure to provide personal data by clients may affect our ability to provide high-quality legal services or, in exceptional cases, may give rise to our obligation to refuse to provide legal services. Personal data about our clients may also be obtained from publicly available sources, from public authorities or from other third parties.

If you are not our client, we often obtain your personal data from our clients or from other public or statutory sources by making requests to public authorities through extracts from public registers, obtaining evidence in favor of our client, etc. In such a case, we may obtain personal data without your knowledge and against your will on the basis of our statutory authorization and the obligation to practice law in accordance with the Act on Legal Profession.

What rights do you have as data subject?

If we process personal data based on your consent, you have the right to revoke your consent at any time.

 

Nevertheless, you have the right to object to the processing of personal data at any time based on legitimate interest or public interests or for the purpose of direct marketing including profiling.

As a client you have the right to request access to your personal data as well as any rectification thereof. When processing personal data during the provision of legal services, you have no right, as a client or any other natural person (e.g. a counterparty), to object to such processing under Article 21 of the GDPR. If personal data relate to a client (regardless of whether the client is a legal or natural person), other persons do not have the right of access to such data or the right to data transferability, due to our legal obligation to keep confidentiality with reference to Article 15 (4) of the GDPR, Article 20 (4) of the GDPR and Section 18 (8) of the Act on Legal profession: „An Attorney-at-law shall not be obliged to provide information on the personal data processing, to allow access or transferability of personal data pursuant to a special legal regulation, if this could lead to a breach of the confidentiality duty of the Attorney-at-law under this Act.“

You also have the right to file a complaint at any time with the Personal Data Protection Authority or with the Slovak Bar Association for violating protection of your personal data by an Attorney-at-law.

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Modifications to the Privacy Policy

Privacy is not a one-off issue for us. Information we are obliged to disclose you due to our processing of personal data may change or cease to be up-to-date. For this reason, we reserve a right to modify and amend these terms of Privacy Policy at any time and to any extent necessary. If we change these terms in a substantive manner, we shall bring such change to your attention, e.g. by general notice on this website or by a specific notification via e-mail.

1See Articles 12 to 22 of GDPR: http://eur-lex.europa.eu/legal-content/SK/TXT/HTML/?uri=CELEX:32016R0679&from=EN

2 Which under Article 4 (9) of GDPR are not regarded as recipients