Privacy statement

The law firm Dear Willez Masson & Costantini (hereinafter “DWMC“) and the lawyers making up the firm (hereinafter “we”) are committed to compliance with the rules governing the protection of personal data, as provided for in the General Data Protection Regulation (hereinafter “GDPR”) and applicable Belgian law.

In this regard, we consider it essential to inform you of how we process your personal data. This Privacy Policy aims to explain how DWMC processes and protects your personal data.

Any collected personal data will be processed in accordance with this Privacy Policy. We may be required to amend this Privacy Policy at any time.

Date of the current version: 05 December 2021.

A. What personal data do we process and why?

In the GDPR, “personal data” means any information relating to an identified or identifiable natural person; 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.

The personal data collected and processed by DWMC and its lawyers may differ according to the data subjects and their relationship with DWMC and its lawyers. If you have any doubt regarding the processing of your data or any other question, please contact us at the following address: info@dwmc.legal

1. Client records

1.1. Who is responsible for the processing of your personal data?

The legal entity that processes your personal data depends on the lawyer(s) handling the case.

The list of lawyers who may handle your case can be found in our Terms & Conditions.

1.2. Why and on what basis do we collect your personal data?

1.2.1. Clients/contact persons within client organisations

We collect and process personal data for the following purposes:

- Management of the case that you or your organisation has entrusted to us: provision of services deriving from consultation and/or representation (legal advice, assistance and opinions, representation in court or in non-judicial proceedings, etc.).

Basis:

If you are a natural person: processing is based on the contract you have signed with us, or, where appropriate, on one of our legal obligations.
If you are a natural person representing a legal client entity (company, association, etc.): processing is based on our legitimate interest to collect all data useful for the proper performance of the assignment entrusted by your organisation, or, where appropriate, on one of our legal obligations.

Your personal data may be shared with:

the other lawyers making up DWMC;
the different actors in the field of justice (Courts and Tribunals, opponent or partner colleagues, court agents);
public authorities (tax administration, municipal administrations, etc.);
our suppliers (translators, etc.);
insurance companies.

- Administrative management of the client relationship (opening of the case, encoding of services, invoicing, etc.).

Basis:

If you are a natural person: processing is based on the contract you have signed with us.
If you are a legal person representing a client organisation: processing is based on our legitimate interest to collect all data useful for the proper administrative management of your case.

- Management in the area of the fight against money laundering

Basis: this processing is based on the fulfilment of our legal obligations imposed by the Law of 18 September 2017 on the prevention of money laundering and terrorist financing and on the restriction of the use of cash and Article 4.85 and ff. of our Lawyers Code of Ethics.

Where appropriate, your personal data may be transferred to the disciplinary authorities.

- Management of conflicts of interest (screening for possible conflicts of interest within DWMC).

Basis: this processing is based on our ethical obligations (chapter 5, title 5 of the Code of Ethics of Lawyers).

Your personal data will be shared with the other lawyers making up DWMC.

- Management of disputes (payment reminders, disputed fees, etc.)

Basis: this processing is based on our legitimate interest to collect and process data necessary for litigation and dispute management.

Where appropriate, your personal data may be shared with the Order to which the lawyer belongs, with the Council that will assist us in recovering the fees, and with Courts and Tribunals.

1.2.2. Persons referred to or intervening in a case

As part of the management of the case entrusted by our client, we are required to process the personal data of persons referred to or intervening in a case (opposing parties, third parties referred to in the case, lawyers, bailiffs, magistrates, etc.) in order to ensure the proper management of the case entrusted by our client and the proper defence of his interests.

Basis:

In all cases: this processing is based on our legitimate interest to collect all data useful for the proper performance of the assignment entrusted by our client.
Where appropriate: this processing is based on the fulfilment of our legal obligations.

Your personal data may be shared with:

- the other lawyers making up DWMC;

- the different actors in the field of justice (Courts and Tribunals, opponent or partner colleagues, court agents);

- public authorities;

- our suppliers (translators, etc.);

- insurance companies.

1.3. What personal data do we collect?

1.3.1. Clients/contact persons within client organisations

We are required to collect and process the different kinds of personal data related to and useful for the case that you or your organisation has entrusted to us, or necessary for the fulfilment of our legal obligations:

- Personal identification data and contact details (surname, first name, title, (private and/or professional) address, (private and/or professional) telephone number, (private and/or professional) email address, enterprise number, VAT number, national register number, identity card or passport data, UBO category(ies) to which the data subject belongs, etc.).

- Financial data (bank account number, information pertaining to insurance policies, creditworthiness, financial transactions, etc.).

- Legal data (concerning criminal convictions and civil proceedings, procedural documents, penal and administrative sanctions, etc.).

- Professional and employment data (current employment data, employment termination data, etc.).

1.3.2. Persons referred to or intervening in a case

We are required to collect and process different kinds of personal data related to and referred to in the case entrusted by our client, as well as personal data necessary for the management of the case, including the following:

- Financial data (bank account number and third party account number, etc.).

- Legal data (concerning criminal convictions and civil proceedings, procedural documents, penal and administrative sanctions, etc.).

- Professional and employment data (current employment data, employment termination data, etc.).

1.4. For how long do we retain your personal data?

We have put in place rules for the retention period for your personal data. This period varies according to the above-mentioned purposes and takes into account any legal obligations we may have to retain some of your personal data:

- Management of the case entrusted by our client: the entire duration of the assignment and up to 5 years after its completion.

- Administrative management of the client relationship: 7 years for copies of invoices.

- Management in the area of the fight against money laundering: 10 years (from completion of the assignment).

- Management of conflicts of interest: until the end of the assignment.

- Litigation management: duration of the litigation.

2. Information and communications

As controller, we may send you information through newsflashes, communications, invitations to events, etc.

In this context, we collect and process your personal data (surname, first name, title, (private and/or professional) email address for marketing management purposes based on their legitimate interest (freedom of enterprise and freedom of expression and information).

Your personal data will be retained as long as necessary to achieve the above-mentioned purpose.

3. Suppliers and service providers

As controller, DWMC collects and processes your personal data (surname, first name, telephone number and professional email address, professional activity, etc.) for the administration of its suppliers and service providers (management of orders, payments, etc.) based on its legitimate interest to ensure proper functioning (freedom of enterprise).

Your personal data will be retained as long as necessary to achieve the above-mentioned purpose.

4. Recruitment

The legal entity acting as data controller of your personal data depends on the lawyer(s) to whom you apply. You can consult the list of lawyers [link to general terms and condition].

We collect and process your personal data (surname, first name, private email, private telephone number, private address, date of birth, nationality, information on study and training courses and on occupations and previous employments (university, specialisation, function, experience, previous employers, etc.), other information specified in the CV) based on our legitimate interest to ensure the proper management of the recruitment process and to assess your application with a view to a potential collaboration.

We will retain your personal data throughout the recruitment process and for a period of 2 years, after which your personal data will be deleted.

5. Website

1. If you send us a message via the general contact address info@dwmc.legal

DWMC collects and processes your personal data (surname, first name, email) and any other information contained in your message based on our legitimate interest to respond to your message.

Your personal data will be retained as long as necessary to respond to your request.

B. What are your rights?

In accordance with the conditions laid down in the GDPR, you have the following rights:

- Right of access: obtain confirmation that your personal data is processed and information of the processing being undertaken;

- Right to rectification: obtain rectification of inaccurate personal data;

- Right to erasure: obtain erasure of your personal data;

- Right to restrict processing: obtain restricted processing of your personal data;

- Right to data portability: exercise your right to portability of your personal data, i.e. the right to request us to send the data either to you directly or to another data controller;

- Right to withdraw your consent at any time if we process your personal data based on your consent;

- Right to object: object to any use of your personal data for reasons pertaining to your particular situation;

- Rights related to automated decision making including profiling;

- Lodging a complaint with the Data Protection Authority (https://www.autoriteprotectiondonnees.be/).

If you wish to exercise one of these rights or if you are not satisfied with the way in which your personal data is protected, you may send a request by email, together with proof of your identity (for example, a copy of your identity card on which you can hide any information that we do not need) to info@dwmc.legal. By sending this proof of identity, you consent to the processing of the personal data that it contains. We will use this information only to verify your identity. We will retain this information only for as long as necessary to respond to your request, after which it will be deleted.

This request is free of charge, except in the case of manifestly unfounded or excessive requests. In such cases, we reserve the right to refuse to respond to the request.

We will endeavour to answer requests from data subjects as soon as possible and in any case within one month from the date of receipt of your request.