Privacy Policy
This policy describes how LEKS Lawfirm processes personal data in connection with case handling as part of its ordinary legal practice, the administration of foundations and companies, as well as in relation to anti‑money laundering procedures and visits to our website.
At LEKS Lawfirm, we process personal data that are necessary for carrying out tasks related to our ordinary legal practice. LEKS Lawfirm only processes data that are necessary in order to achieve the purpose of the relevant activities. When LEKS Lawfirm processes personal data, emphasis is placed on processing only data that are relevant and necessary in relation to the purpose.
LEKS Lawfirm processes only the data that are necessary to achieve the purposes stated above. Our need to process personal data is also based on our professional and ethical duties as lawyers, including the duty to provide sound and appropriate legal advice to our clients. When processing personal data, we place great emphasis on processing only data that are relevant and necessary in relation to the purpose. The data are processed lawfully, fairly, transparently, and in an objective manner.
Data Controller
Í/F LEKS Lawfirm
Undir Byrggjubakka 21
P.O. Box 106
FO‑110 Tórshavn
Email: advokat@advokat.fo
Telephone: +298 720000
Processing of Personal Data
LEKS Lawfirm is the data controller when we process cases on behalf of clients. As data controller, we are therefore aware that we process confidential information about our clients and about other individuals who are connected to our clients’ cases. This may include ordinary personal data, personal identification numbers, sensitive personal data, and data relating to potential criminal matters.
When we provide services to our clients, a case is established in our case management system. We use personal data to communicate with you and to otherwise process the case. The data may also be used for registrations with public authorities and institutions as part of the case handling. In this connection, it will often be necessary to obtain a personal identification number.
In some cases, the processing may involve sensitive personal data, such as information relating to health matters, trade union membership, criminal matters, and information concerning highly private circumstances.
As a general rule, the data are collected from our clients. In other cases, however, the data may be collected from, for example, the opposing party or other parties to the case, such as public authorities, financial institutions, insurance companies, etc., by agreement with the client.
LEKS Lawfirm may process personal identification numbers pursuant to section 16 of the Act on the Protection of Personal Data, inter alia where the processing is authorised by law or where the client has given consent. This is done, for example, in connection with registrations in public registers such as the Land Register (Tinglýsingin) or the Faroese Company Register (Skráseting Føroya), and in order to comply with anti‑money laundering legislation.
If you are a client of LEKS Lawfirm, our processing of personal data will, as a general rule, be authorised pursuant to section 8(1)(2) of the Data Protection Act, as the processing is necessary for the performance of an agreement with you to provide legal services, such as legal advice or representation in legal proceedings.
The processing may also be necessary pursuant to section 8(1)(3) in order to comply with a legal obligation.
The processing may further be necessary pursuant to section 8(1)(4) in order to protect vital interests of you or another natural person.
Where sensitive personal data are concerned pursuant to section 11(1), the processing is based on consent in accordance with section 12(1)(1), or where the processing is necessary for the establishment, exercise, or defence of legal claims pursuant to section 12(1)(7).
If you are an opposing party or a third party in a case, our processing will be based on section 8(1)(4), namely that the processing is necessary to protect vital interests of the data subject or another person, and section 8(1)(3), namely that the processing is necessary in order to comply with a legal obligation.
We delete personal data when we no longer need to process them. In this connection, consideration is given to LEKS Lawfirm’s legal obligations under, inter alia, anti‑money laundering legislation, accounting legislation, and limitation rules. It must also be ensured that obligations under the professional and ethical rules for lawyers are complied with, including the effective identification of potential conflicts of interest.
Your personal data will not be stored longer than necessary. Collected data must be retained for five (5) years after the client relationship has been terminated, after which the data will be deleted.
Processing in Connection with Anti‑Money Laundering Obligations
LEKS Lawfirm is subject to obligations under the Anti‑Money Laundering Act in connection with certain legal services we provide. The Anti‑Money Laundering Act applies where legal services are provided in connection with planning or carrying out transactions for clients relating to:
– the purchase and sale of real property or businesses,
– the management of money, securities, or other assets of clients,
– the opening or management of bank accounts, savings accounts, or securities accounts,
– the provision of necessary capital for the establishment, operation, or management of a business,
– the establishment, operation, or management of companies, or
– other commercial advisory services.
The Anti‑Money Laundering Act also applies where the lawyer, on behalf of and for the account of the client, carries out a financial transaction or a transaction relating to real property.
If you are a client in such matters, you will be requested to provide documentation of your identity. LEKS Lawfirm is obliged to obtain and register this information. In the case of corporate entities, corresponding information must be obtained and registered concerning the beneficial owners of the entity. Identity data include name, personal identification number, address, etc., which are typically documented by a copy of a passport or driving licence. An extract from the Faroese Company Register (Skráseting Føroya) may also be obtained. For foreign companies, extracts are obtained from the relevant authorities in the respective country or similar documentation. Where foreign nationals are concerned, additional information may be required.
Collected data must be retained for five (5) years after the client relationship has been terminated, after which the data will be deleted.
As a general rule, the data are collected from the data subject themselves, and we are obliged to ensure that the data are accurate and up to date.
The legal basis for the processing is section 8(1)(3) of the Data Protection Act, as the processing is necessary in order to comply with a legal obligation incumbent on the data controller.
Under the Anti‑Money Laundering Act, LEKS Lawfirm may be required to disclose information about the data subject to authorities such as the police or the Financial Supervisory Authority. In such cases, the processing is likewise necessary in order to comply with a legal obligation incumbent on the data controller.
Administration of Foundations and Companies
LEKS Lawfirm administers several foundations and companies, and in this connection personal data are processed, inter alia, in relation to convening meetings, processing applications for grants, etc.
The processing concerns ordinary personal data and contact details, such as name, email address, telephone number, place of residence, place of employment, etc. In some cases, it may be necessary to obtain a personal identification number.
The data are collected from you personally or from the organisation of which you are a member.
The legal basis for the processing is section 8(1)(6) of the Data Protection Act, as the processing is necessary for the purposes of legitimate interests pursued by the data controller, where such interests are not overridden by the interests or fundamental rights of the data subject.
We do not retain personal data longer than necessary. However, pursuant to accounting legislation, we are obliged to retain certain information for five (5) years relating to the financial year.
Recipients
As a general rule, personal data relating to you are not disclosed, as data collected by LEKS Lawfirm are processed confidentially. Consequently, personal data are, as a general rule, not disclosed to third parties.
As part of the ordinary case handling carried out by LEKS Lawfirm, data may be disclosed to opposing parties, witnesses, the police, municipalities, public authorities, courts, etc.
In connection with the receipt of client funds into a client account, we are in certain cases obliged to disclose identity information about the client to the account‑holding financial institution, so that the institution can comply with its obligations under the Anti‑Money Laundering Act.
Visits to Our Website
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Your Rights
Pursuant to the Data Protection Act, you have certain rights in relation to our processing of your personal data.
Right to information:
You have the right to receive information about, inter alia, the purpose of the processing.
Right of access:
You have the right to obtain access to the personal data we process about you.
Right to rectification:
You have the right to have inaccurate personal data concerning you corrected.
Right to erasure:
In certain cases, you have the right to request that personal data concerning you be erased prior to our scheduled deletion.
Right to object:
In certain cases, you have the right to object to our processing of your personal data. However, the data may still be used for other lawful purposes.
Right to restriction of processing:
In special cases, you have the right to request a restriction of the processing of your personal data. Where processing is restricted, we may, as a general rule, only store the personal data.
Right not to be subject to automated individual decision‑making:
You have, as a general rule, the right not to be subject to a decision based solely on automated processing.
Right to data portability:
In certain cases, you have the right to receive your personal data in a structured, commonly used, and machine‑readable format, and to have those data transmitted from one data controller to another.
If you wish to exercise your rights, you may submit a request to us. The request will be answered as soon as possible and no later than four (4) weeks after receipt. Where special circumstances, such as the volume or complexity of the request, make it impossible to respond within four weeks, the period may be extended by up to eight (8) weeks. You will be specifically informed if the deadline is extended and when the request has been answered.
Complaint
If you are dissatisfied with how we process your personal data, and the outcome of your inquiry to us has not been satisfactory, you may lodge a complaint with the Data Protection Authority:
The Data Protection Authority (Dátueftirlitið):
Heiðavegur 25
FO‑600 Saltangará
Telephone: +298 309100
Email: dat@dat.fo
Website: www.dat.fo