Introduction

Denis Scutari Law Office is organized and functions under Law no. 51/1995 for the organization and practice of the lawyer’s profession, registered with Bucharest Bar (hereinafter referred to as “Scutari Law”).

In this policy we will present information related to the processing of personal data by Scutari Law.

Definition of personal data

Personal data means any information relating to an identified or identifiable natural person (also referred to as ‘Data Subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

Processing means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

Categories of processed data

• Identification data (for example: name and surname, date of birth, personal identification number, number and series of the identity document, as well as other similar data);

• Contact details (for example: domicile address, electronic address, telephone number, mobile phone number, fax, e-mail address);

• Data regarding profession, place of work, occupied position, the company’s name or, as the case may be, the name of the entity where Data Subject works, the professional address;

• Data that is provided to us for the recruitment purposes (for example, the data contained in a CV);

• Data collected during the use of the website www.scutarilaw.com, such as IP address, the time and date of access, the data that is provided in order to contact us or to obtain a consultation.  We also use cookies, for more information on cookies, please see our cookies policy;
• As the case may be, any other information that can identify a natural person submitted for the provision of legal services.  Some of the information may relate to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that person.

The Data Subjects

Scutari Law processes personal data of the following categories of persons:

• Clients or potential clients, as well as representatives or contact persons of clients or potential clients;

• Client’s opponents in a dispute, the client’s contracting parties during a contract negotiation or conclusion;

• Scutari Law partners, associates, employees, candidates that applied for a position within Scutari Law, visitors to Scutari Law headquarters;

• Users of the website www.scutarilaw.com;

• Suppliers or service providers of Scutari Law, as well as other persons with whom Scutari Law has concluded various agreements;

• Other third parties.

Personal data collecting methods

We collect personal data by several means, including in the following situations:

• Upon your request for legal advice, including assistance and representation before the courts, arbitration courts, public authorities, as well as other public or private persons;

• When you provide or offer to provide services for Scutari Law or in case of a professional collaboration;

• When you voluntarily provide us with your personal data (for example, during the recruitment procedure when you send us your CV);

• When you access and browse our website www.scutarilaw.com, contact us or request a consultation through the website;

• From the procedural documents and/or the documents submitted in the court files, as well as from any other documents that are made available for us for the provision of legal services;

• In certain cases, we can collect personal data from a third party source, for example, from your employer, person with whom you collaborate, public authorities or institutions (for example, the Trade Registry), or other such sources.

The purpose of data processing

Scutari Law processes personal data in accordance with the applicable law for the following purposes:

• Provision of legal services, including legal assistance and representation;

• Management and administration of business relationship with partners of Scutari Law;

• Conclusion, administration and management of the existing contractual relations between Scutari Law and other persons;

• During the process of recruitment, for the purpose of collaboration and/or employment;

• Compliance with our legal obligations (for example, the obligation to keep records of certain documents);

• In case of accessing and browsing our website www.scutarilaw.com, for traffic monitoring and to improve the content and services offered through the website, as well as to provide the possibility to contact us and request a legal consultation;

• To ensure security and manage the access to Scutari Law headquarters;

• In order to exercise and defend our rights and legitimate interests;

• In order to comply with the court judgements;

• For any other purposes for which you provide us with your personal data.

Legal grounds for data processing

Personal data are processed on the basis of the following legal grounds:

• Processing is based on the Data Subject’s consent;
• Processing is necessary for the performance of an agreement to which the Data Subject is party or in order to take steps at the request of the Data Subject prior to the conclusion of an agreement;

• Processing is required for compliance with a legal obligation;

• Processing is necessary in order to protect the vital interests of the Data Subject or of another natural person;

• Processing is necessary for the performance of a task carried out in the public interest;

• Processing is necessary for the purposes of the legitimate interests pursued by Scutari Law or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the Data Subject.

Scutari Law can process special categories of personal data (for example: racial or ethnic origins, political opinions, religious beliefs, trade union membership, health data) in the following cases:

• Processing is based on the Data Subject’s consent;

• Processing is necessary for the purposes of carrying out the obligations and exercising specific rights of Scutari Law or of the Data Subject in the field of employment, social security and social protection law;

• Processing relates to personal data which are manifestly made public by the Data Subject;

• Processing is necessary for the establishment, exercise or defence of legal claims.

Disclosure of personal data to third parties

In our activity, Scutari Law can disclose personal data to:

• Lawyers, other legal professionals, such as legal advisers, notaries, mediators,  bailiffs, consultants or experts involved in the Data Subject’s case, as well as to other persons if this is necessary for the provision of legal services (for example: authorized translators, auditors);

• Judicial or arbitration courts, public authorities and institutions;

• Suppliers or service providers we work with (for example: IT services, accounting services);

• Third parties indicated by the Data Subject.

Security of personal data

We implement appropriate measures to protect your personal data.  Personal data can be stored in electronic or physical form.  However, considering the multiple possibilities by which the data from online space can be accessed, we cannot guarantee total security of the information transmitted through the website www.scutarilaw.com.

Duration of personal data processing

Personal data will be kept throughout the duration of an agreement concluded with Scutari Law.  It is possible to keep personal data even after the termination of agreements, in accordance with the legal provisions (for example, for archiving purposes).

We also can keep your personal data for as long as they are required in order fulfil the purpose for which they were collected.

When the processing of personal data is based on the Data Subject’s consent, the processing will continue until the consent is withdrawn.  The Subject Data can at any time withdraw his or her consent.  The withdrawal of consent will not affect the lawfulness of processing based on consent before its withdrawal.  In this case, Scutari Law will no longer process personal data, unless the processing is required in order to fulfil a legal obligation or if there is an interest that prevails over the interests, fundamental rights and freedoms of the Data Subject.

Data Subject’s rights

Data Subjects have the following rights:

• Right of access: the Data Subject have the right to request a confirmation as to whether or not personal data concerning him or her are being processed by Scutari Law, if that is the case, the Data Subject has access to it and can obtain information about the processing mode;

• Right to rectification: the Data Subject has the right to obtain from Scutari Law without undue delay the rectification of inaccurate personal data and/or the completion of incomplete data;

• Right to erasure: the Data Subject has the right to obtain from Scutari Law without undue delay the erasure of personal data, when: (i) the personal data are no longer necessary in relation to the purposes for which they were processed; (ii) the Data Subject withdraws consent on which the processing in based and there in no other legal ground for the processing, (iii) the personal data have been unlawfully processed, (iv) the personal data have to be erased for compliance with a legal obligation;

• Right to restriction of processing: the Data Subject has the right to obtain a restriction of processing if:

• the Data Subject contests the accuracy of the personal data, for a period enabling Scutari Law to verify the accuracy of the personal data;

• the processing is unlawful and the Data Subject opposes the erasure of the personal data and request the restriction of their use instead;

• Scutari Law no longer needs the personal data for the purposes of the processing, but they are required by the Data Subject for the establishment, exercise or defence of legal claims;

• the Data Subject has objected to processing, during the verification whether the legitimate grounds of Scutari Law prevail over those of the Data Subject.

• Right to data portability: the Data Subject has the right to obtain the personal data which were provided to Scutari Law in a structured, commonly used and machine-readable format, as well as the right to transmit those data to another controller;

• Right to object: the Data Subject has the right to object, on grounds relating to his or her particular situation, to processing of personal data, including profiling.  In this case, Scutari Law will no longer process data, unless we demonstrate compelling legitimate grounds for the processing which override the interest, rights and freedoms of the Data Subject or for the establishment, exercise or defence of legal claims;

• The right no to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning the Data Subject or similarly significantly affects the Data Subject, unless the decision:

• is necessary for concluding or performance of an agreement between the Data Subject and Scutari Law;

• is authorized by the law;

• is based on the Data Subject’s explicit consent;

• The right to submit a complaint with a supervisory authority and seek a judicial remedy.

Final provision

For any questions regarding the processing of personal data, please contact us using the contact form.

This policy will be amended or updated occasionally.  We recommend to verify the provisions of this policy each time you access and browse the website www.scutarilaw.com.  The date of the last amendment or update will be mentioned at the end of the policy. Published on October 2nd, 2019.