Purpose and legal basis for our processing of your personal data
Hejm Vilsgaard Advokater processes client and case data with a view to providing legal services. Our processing complies with the special regulations to which lawyers are bound.
The primary basis for our processing of client and case data is therefore the agreement with the client and the necessity of the determination of legal claims or defences. In certain circumstances, we do, however, process client and case data with a view to pursuing a justified interest.
We are also subject to the Danish Money Laundering Act, which requires us to perform a customer awareness procedure prior to the processing of certain cases and, in certain circumstances, to disclose personal data in relation to a notification about suspected money laundering and the financing of terrorism to the Danish Public Prosecutor for Special Economic and International Crime or the Danish Bar and Law Society.
Finally, we are subject to rules on legal ethics, which require us to store client and case data for an appropriate period of time after the conclusion of a case. For more information, see below.
You can find the basis for our processing insofar as concerns ordinary personal data that is incorporated in client and case data, in the Data Protection Regulation article 6(1), (b) (fulfilment of a contract), (c) (legal obligation of data controllers, including the Danish Money Laundering Act and rules pertaining to legal ethics) and (f) (to pursue a legitimate interest).
The basis for our processing of specific categories of personal data can be found in the Data Protection Regulation article 9(2), (f) (determination of a legal claim) and (g) (significant societal interests, including taking into consideration compliance with the Danish Money Laundering Act).
We process information about criminal offences as a consequence of section 8(3) of the Danish Data Protection Act (safeguarding a justified interest, including taking into consideration compliance with the Danish Money Laundering Act).
We apply the basis for the processing of ordinary data, “legitimate interest”, in article 6(1)(f) of the Data Protection Regulation in cases where our work is disputed, including if a complaint is filed with the Disciplinary Board of the Danish Bar and Law Society. We do this because we deem our interest in being able to accommodate claims in this context to carry greater weight than the data subject’s interest in the protection of their own privacy. It is also our assessment that data subjects, in cases involving deficiencies or complaints, should reasonably expect that we would store and apply data about them.
Categories of personal data
We process the following categories of personal data:
- We process all types of personal data, including ordinary, confidential, specific categories/sensitive types of personal data and information about matters involving criminality.
Recipients or recipient categories
We disclose or transfer your personal data to the following recipients, as required:
- Relevant parties in cases when performing our office as lawyers.
- Public authorities if we have an obligation to do so.
- Our auditor and bookkeeper.
- Our data processors: Suppliers of our email system, digital signature system and our case/journal system and their subcontracted data processors, if any.
Finally, Hejm Advokater, Vilsgaard Advokater, Effekt Advokatfirma and Advokatfirmaet Bierregaard exchange case and client data internally if the client has been informed and has agreed to its exchange, including for example if we refer a case to the lawyer at Hejm Advokater, Vilsgaard Advokater, Effekt Advokatfirma or Advokatfirmaet Bierregaard who possesses the required specialist expertise or experience.
Newbanking Identity
We use NewBanking Identity as a third party service provider that stores your personal data. All data is stored encrypted and cannot be assed or processed by anyone other than those to whom you have specifically granted access. You can manage the content and information you share when using NewBanking by loggin in via www.NewBanking.com. You can also download information associated with your NewBanking account through www.NewBanking.com.
Here you can read more about NewBanking’s privacy policy.
Disclosure to recipients in other countries, including international organisations
We do not disclose or transfer personal data to recipients outside the EU/EEA, unless otherwise agreed in advance by the client with a view towards Hejm Vilsgaard Advokaters’ performance of a task.
The origin of the personal data we collect
Our personal data originates primarily from our clients, when they conclude an agreement with us for our legal services. According to the circumstances, we may also gather data from publicly available sources, parties to the case, other councillors or the authorities.
Storage of your personal data
We are bound by rules of legal ethics, which require us to store case documents, including electronic data, for an appropriate period of time after the conclusion of the case, which, as a rule, is a period of no less than five years. We therefore also store all personal data for a corresponding length of time. Depending on the specifics of the case, we store certain types of personal data, not least including personal data in tax cases, for a significantly longer period of time than five years.
Automatic decisions, including profiling
We do not automatically reach decisions, which includes profiling on the basis of client/case data.
Your rights
If you would like to exercise your rights, you will need to contact us.
Right to view data (right to insight)
You have the right to insight into the data that we process about you.
Right to rectification (correction)
You have the right to have any erroneous personal information about you corrected.
Right to deletion
In special cases, you have the right to have information about you deleted before the date it would be deleted in accordance with our general deletion policy.
The right to limitation of processing
In certain circumstances, you have the right to have the processing of your personal data limited. If you have the right to limited processing, we may in future only process data (apart from storage) with your consent, or with a view to the determination, exercise or defence of legal requirements, or to protect a person or interests that are of important significance to society.
Right to object
In certain cases, you are entitled to raise an objection to our otherwise legal processing of your personal data.
Right to transmit data (portability of data)
In certain cases, you have the right to receive your personal data in a structured, commonly used and machine-readable format and to have this personal data transferred from one data controller to another without hindrance.
You can read more about your rights in the Danish Data Protection Agency’s guidance on the rights of data subjects, which you can find at www.datatilsynet.dk.
Complaints to the Danish Data Protection Agency
You have the right to submit a complaint to the Danish Data Protection Agency if you are dissatisfied with the way we process your personal data. You can find contact details for the Danish Data Protection Agency at www.datatilsynet.dk.
The data controller – how to contact us
Hejm Vilsgaard Advokater is composed of:
Hejm Advokater P/S, Business Registration Number (CVR no.): 36944463, Søndergade 74, 5., DK-8000 Aarhus C .
Vilsgaard Advokater Advokatanpartsselskab, Business Registration Number (CVR no.): 31501083, Søndergade 74, 5., DK-8000 Aarhus C.
Effekt Advokatfirma I/S, Business Registration Number (CVR no.): 35289542, Søndergade 74, 5., DK-8000 Aarhus C.
Advokatfirmaet Bierregaard, Business Registration Number (CVR no.): 42190403, Søndergade 74, 5., DK-8000 Aarhus C.
The data controller will therefore be either Hejm Advokater, Vilsgaard Advokater, Effekt Advokatfirma or Advokatfirmaet Bierregaard, depending on which lawyer is providing legal services to the client.
For services provided by lawyers Elsebeth Hjortshøj Rasmussen, Helle Hougaard Porsfelt or Mikkel Thykjær Jørgensen, the data controller is Hejm Advokater.
For services provided by lawyers Bo Vilsgaard or Hans Henrik Bondegaard, the data controller is Vilsgaard Advokater.
For services provided by lawyers Claus Moldt or Mads Trøstrup Kristensen, the data controller is Effekt Advokatfirma.
For services provided by lawyers Jesper Bierregaard, the data controller is Advokatfirmaet Bierregaard.
You can contact the personal data compliance representative of Hejm Vilsgaard Advokater, lawyer Hans Henrik Bondegaard, here: email: hb@hvlaw.dk / tel. (+45) 29133282.