Data Protection Declaration

Data Protection Declaration

 

1. In General

Please note, that this Data Protection Declaration has been translated form the respective German version (Datenschutzerklärung). In case of any deviations, the German Datenschutzerklärung shall prevail.

Acting as a lawyer is closely related to the use of confidential data. Thus, your trust is very important for us in order to be able to provide you with advice and representation in an optimum manner. The trust you place in your lawyer is also recognized and protected by law, in particular by means of the attorney-client privilege (Art. 15 Lawyers Act, Rechtsanwaltsgesetz, RAG). Needless to say, that we take the protection of your confidence serious in case of automated processing of your confidential personal data.

Therefore, we only process the data necessary for the performance of our tasks and services. We process your data with due diligence and we take appropriate measures to protect your data from any possible misuse.

Hereinafter, you will find information about the processing of your data and your rights according to the GDPR (General Data Protection Regulation, DSGVO, Datenschutz-Grundverordnung) and the DPA (Data Protection Act, Datenschutzgesetz).

Name and contact information of the controller

Fröhlich Rechtsanwalts AG

P.O. Box 169

FL-9490 Vaduz

Principality of Liechtenstein

E: datenschutz@froehlich.law

 

 

2. Categories of collected personal data, purposes and lawfulness of processing

We, Fröhlich Rechtsanwalts AG, collect, process, and use your personal data only with your consent, mandate, or order for the purposes agreed upon with you, or if another legal basis exists in accordance with the GDPR and the DSG; all in compliance with data protection and civil law provisions.

 

Only personal data necessary for the execution and handling of our legal services or data that you have voluntarily provided to us will be collected. However, we may also process data that has not been collected directly from you but has been obtained from third parties, publicly accessible sources, or other affected persons.

 

As part of the legal mandate, we collect and process the following personal data:

 

  • First name, last name, any academic title
  • Address
  • Email address
  • Telephone number
  • Date of birth
  • Bank details
  • All information necessary for your legal representation and the execution of the mandate: This may include, in particular, information on gender, tax numbers, or other officially or privately assigned identification numbers and contract numbers that allow a clear assignment to your person, video recordings, photos, voice recordings of individuals, as well as biometric data such as fingerprints. Sensitive data, such as health data or data related to criminal proceedings, may also be included.

 

The collection of this data is carried out:

 

  • To identify you as our client;
  • For correspondence with you;
  • To provide you with appropriate legal advice and representation;
  • For invoicing purposes;
  • For handling or asserting claims or defending against potential (liability) claims.

 

Data processing is generally carried out at your request, based on your consent (Article 6(1)(a) GDPR) and is necessary for the fulfillment of the contract or for pre-contractual measures (Article 6(1)(b) GDPR).

 

Additionally, we process your data on the basis of Article 6(1)(c), (e), and (f) GDPR. Your data is processed to fulfill legal obligations (Article 6(1)(c) GDPR), which may arise, for example, from the Attorney Act and due diligence obligations regarding the prevention of money laundering and terrorism financing, as well as from any other applicable legal regulations or non-binding regulations in Liechtenstein (“soft law,” e.g., in connection with OFAC-Listings). The processing of your data may also be necessary for the performance of a task carried out in the public interest (Article 6(1)(e) GDPR), for example, when legal services are not based on a contract but on an official appointment (e.g., curator, insolvency administrator, etc.). Furthermore, your data is also processed to safeguard the legitimate interests of third parties or our own legitimate interests, such as the enforcement or defense of claims or within the scope of acquiring potential new clients as part of our economic freedom (Article 6(1)(f) GDPR).

 

Please note that in the course of our mandate management, we do not only process the data of our client but also that of any other involved persons, insofar as this is necessary for the fulfillment of our client’s mandate.

 

3. Use of data

We will not process data made available for purposes other than those covered by your consent or otherwise by a provision in accordance with the GDPR and the DPA, except for the use for statistical purposes, provided that data made available was anonymized before.

4. Recipients or categories of recipients of the personal data

The execution of your mandate may require us to transfer your data to third parties (e.g. counterparties, substitute lawyers, insurance companies and service providers we may use and to whom we provide data, etc.), courts or authorities. A transfer of your data takes place exclusively on the basis of the GDPR and the DSA, in particular for the fulfillment of your mandate, based on your prior consent, or for any other purpose mentioned above under Section 2 of this statement.

Furthermore, we would like to inform you that information relating to the specific circumstances of your case may regularly be sourced from third parties (e.g. search engines, the commercial registry, the land register, the central register of residents, your website) in connection with our legal services.

5. Transfer of personal data to a third country

Some of the above-mentioned recipients of your personal data are located abroad or outside the EEA (European Economic Area) and process your personal data there. For this reason, we will transfer your personal data only to countries outside the EEA (to so-called third countries) which the European Commission has attested an appropriate level of data protection, or if this is necessary for the implementation of pre-contractual measures or the performance of a contract, if you have given us your explicit consent, if the transfer is necessary for important reasons of public interest or is otherwise stipulated by law.

6. Period of storage of the personal data

Generally, we will store the data collected

  • for as long as it is required by law (10 years from the date the legal services/representation expired) and thereafter be deleted;
  • for as long as necessary to fulfill the aforementioned purposes and due to legitimate interests; A longer period of data storage could be deemed necessary pursuant to Art. 6 (1) (c) GDPR on the basis of statutory obligations under tax-, company- or supervisory law with regard to retention and documentation, due to applicable statutes of limitation, for reasons of preservation of evidence according to Art. 6 (1) (f) GDPR or if you have consented to longer retention in accordance with Art. 6 (1) (a) GDPR.

7. Rights of data subjects

Pursuant to the General Data Protection Regulation you have the following rights:

  • To obtain appropriate information about the data processed and the categories of personal data, the purposes of the processing, the recipients or categories of recipients to whom your personal data have been or will be disclosed, the envisaged period of storage, the existence of the right to rectify, erase, restrict or object to data processing, the right to lodge a complaint with a supervisory authority, the source of your personal data in case they were not collected through us, and if automated decision-making or profiling is used and in such cases meaningful information about it,
  • To request the rectification, amendment or deletion of false personal data or where wrongfully processed,
  • to demand the restriction of the processing of your personal data,
  • Under certain circumstances, to object to the processing of your personal data or to revoke a prior granted consent to such processing,
  • to request a copy of all your personal data processed by us in a structured, commonly used and machine-readable format or to request the transmission of the data to another controller, and
  • to lodge a complaint with the responsible supervisory authority.
  • You also have the right to withdraw your consent to the processing of your personal data at any time. Please note, that a possible withdrawal does not affect any lawful data processing operations until then.
  • If the processing of your personal data is necessary for the purposes of the legitimate interests pursuant to Article 6 (1) (f) GDPR you have the right to object to the processing of your personal data if there are sufficient reasons arising from your special situation pursuant to Article 21 GDPR.

You may withdraw your consent to the processing of personal data at any time with effect for the future. The lawfulness of data processing carried out based on consent before its withdrawal remains unaffected.

If your personal data is processed on the basis of legitimate interests pursuant to Article 6(1)(f) GDPR (“processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.”), you have the right, under Article 21 GDPR, to object to the processing of your personal data, provided that there are reasons arising from your particular situation.

 

If you wish to exercise your right of withdrawal or objection, you may do so using the contact details provided in Section 1 of this statement.

Should there be any changes to your personal data, we kindly ask you to inform us accordingly.

II. Website

 

8. Provision of the website (server logfiles)

 

Our system records data and information about the computer used by the user automatically and with every visit on our website.

 

The following data is collected:

 

  • Information regarding the type and version of internet browser used to access the website (if provided by user
  • Operating system
  • Internet service provider
  • IP address
  • Date and time of each access
  • time spent on the website
  • number of visits
  • website from which the user was redirected to our page (if provided by user)

 

This storage is done in compliance with the applicable legal provisions. We process the data due to security reasons and to ensure the stability and integrity of our systems. We will delete your data as soon as the storage and processing is not necessary anymore to fulfil the purpose mentioned above.

 

We only store and analyze anonymized IP-addresses of visitors to our website. It is not possible to establish the true identity of the visitor.

 

9. Cookies

 

We use cookies on our website to ensure a user-friendly experience. Cookies are small files that are managed by the user’s web browser and are directly stored on the respective device (Laptop, Tablet, Smartphone etc.) whenever you visit our website. This process allows us to recognize your browser on your next visit. Cookies are stored as long as you do not don’t delete them.

 

If you do not wish to use cookies you can change the settings in your browser accordingly. You will then be notified whenever your browser attempts to create a cookie and you can decide whether you want to allow the cookie. However, please note that a deactivation of cookies may result in a limited user experience and you may not be able to use every function of our website.

 

Legal basis for the processing of data through cookies is Article 6 (1) (f) GDPR.

10. Google Analytics

 

We use “Google Analytics”, a web analysis client by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, to evaluate the usage of our website. Google Analytics uses cookies (see point 9) which will be stored on your computer. The containing information regarding website and internet usage can be evaluated and processed by Google. The collected data may be transmitted to countries outside the EU/EEA, especially to the USA. However, Google has committed to follow the Privacy Shield Framework agreement. Further information about your rights of said agreement is found here: http://ec.europa.eu/justice/data-protection/document/citizens-guide_en.pdf.

 

Additionally, we ensure that your IP address is anonymized before it is transmitted to Google.

 

Legal basis for the usage of Google Analytics is Article 6 (1) (f) GDPR.

 

11. Contact form (optional)

 

If you fill out a contact form, send us an email or another form of electronic message, your data will only be used to process your inquiry and possible further questions you might have.

 

Legal basis for the processing of your inquiry is Article 6 (1) (b) GDPR.

 

12. Data security

 

We use the common encryption technology “SSL” in connection with the highest encryption levels that are supported by your browser. If a page on our website was/is being transmitted encrypted it is shown by the lock symbol in the address bar of your browser.

 

Additionally, we use appropriate technical and organizational security measures to protect your data from accidental or intentional manipulation, partial or complete loss, destruction, or to prevent unauthorized access by third parties. Our security measures are continuously upgraded according to the latest technological developments.