Privacy Policy
Processing personal data of clients and other natural persons is a daily routine in advocacy. Please find below the terms and conditions governing personal data processing by our law office Advocatur Gémeš, Filipová & Partner AG, Städtle 17, Vaduz 9490, Liechtenstein, Company ID Number FL-0002.539.075-9.
For any other questions, please contact us by email office@boomandsmart.com or in writing to our company address.
- What is the purpose and lawful basis for processing your personal data?
| Purpose of data processing | Lawful basis |
| Exercise of profession
(provision of legal services) |
Fulfilment of a legal obligation as amended by Art. 6 (1c) GDPR, the performance of a contract as amended by Art. 6 (1b) GDPR, legitimate interests as amended by Art. 6 (1f) GDPR or the public interest as amended by Art. 6 (1e) GDPR. |
| Protection of a legitimate interest | Legitimate interests pursued by the attorneys or third parties as amended by Art. 6 (1f) GDPR. |
| Marketing purposes | Consent given by the data subject as amended by Art. 6 (1a) GDPR or legitimate interests pursued by attorneys or third parties as amended by Art. 6 (1f) GDPR. |
| Archiving purposes in the public interest, scientific or historical research purposes and statistical purposes |
Lawful basis permitting personal data collection for initial purposes in respect of Art. 89 GDPR. |
| Human Resources Management | Fulfilment of a legal obligation as amended by Art. 6 (1c) GDPR, for the purpose of legitimate interests as amended by Art. 6 (1f) GDPR or for the performance of a contract as amended by Art. 6 (1b) GDPR. |
| Accounting and tax purposes | Fulfilment of a legal obligation as amended by Art. 6 (1c) GDPR. |
In the exercise of profession (i.e. provision of legal services), personal data processing is necessary for the following purposes:
- Preparing the offer of legal services upon client’s request;
- Assessing the client for any potential conflict of interests;
- Entering into a contract with a client including intention to enter into a contract;
- Verifying the client’s identity;
- Representing clients before courts, authorities and public bodies and other legal subjects;
- Legal representation in criminal cases and trials;
- Legal counselling;
- Writing deeds;
- Making legal analyses;
- Trusteeship;
- Other forms of legal counselling and legal aid;
- Communication with clients and other natural persons for the purpose of profession or a contractual relation with a client;
- Searching for evidence for the benefit of a client;
- Legal counselling in relation to the position of DPO within GDPR;
- Verifying client’s identity through witnesses and declarations by the municipality or other deeds;
- Contract authorisation including information about persons whose interests may be harmed or impaired upon contract execution;
- Performance of duties regarding protection against money laundering and terrorist financing;
- Internal administrative activities in relation to or for the purpose of providing legal or any other services;
- Keeping track of the time and the scope of services and counselling to be provided to a client;
- Administration and control of a contractual relation between a client and an advocate;
- File agenda of an advocate;
- What legitimate interests do we follow for the purpose of personal data processing?
Protection of legitimate interests of a law office is closely linked to ensuring security within the company premises and that of the property. Simultaneously, the legitimate interest as a secondary lawful basis may also be applied in those cases when the purposes for personal data processing are governed by the law without properly specifying the conditions for such processing.
The legitimate interests our law office takes into account in personal data processing are as follows:
| Legitimate interest | Definition |
| Protection of property and office premises | – |
| Direct marketing | GDPR defines the conditions under which direct marketing is regarded as a legitimate interest of the Controller. Therefore, the communication belonging to direct marketing (e.g. newsletters) relies on our legitimate interests. |
- What categories of your personal data are processed?
It may be difficult for the attorney to define the exact categories of your personal data to be processed. These may vary from case to case, from the type of a legal service provided, the purpose as well as the processing operation itself. However, all of your personal data we process are necessary for achieving the given purpose, this is to say they are processed in accordance with data minimisation principle as amended by Art. 5 (1c) GDPR.
Please find below the categories of personal data being processed by our law office:
- Basic identification data: degree, name, surname, date of birth, contact data such as address / permanent residence, an email address and a phone number;
- Other categories of identification data: nationality, a number or a copy of official documentation (ID, a passport, a driving licence), bank account information;
- Information about economic and social status: income, expenses, assets and liabilities;
- Specific categories of personal data: in case of anti-discrimination or employment disputes, criminal proceedings, etc.
- Do we use automated individual decision-making including profiling?
Our law office does not use any processes based upon automated individual decision-making including profiling, as amended by Art. 2 GDPR.
- Who is eligible to access your personal data?
Generally speaking, the attorney is required to preserve confidentiality of information including any personal data processing of a client or any other persons. The duty of confidentiality is expressly governed by law as well as by the Bar Association Regulations.
Therefore, we shall not reveal any of our clients´ or third parties´ personal data in any manner whatsoever except for the cases when such disclosure is permitted by law.
It is noteworthy that our personal data may be provided to persons that were authorised to perform specific legal services, are in charge of the accounting agenda or to server and cloud storage providers.
- To what countries can your data be transferred?
Our law office uses safe cloud services of a certified provider with its servers located in Switzerland which is regarded as a third country according to GDPR.
As amended by the Art. 45 GDPR, the European Commission has the power to determine whether a third country is able to ensure an adequate level of personal data protection. In relation to Switzerland, such a decision was issued by the EC in 2000 and its application is in compliance with the Art. 45 (9) GDPR.
The above adequacy decision is available on:
https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX%3A32000D0518
In the light of the aforementioned, transferring personal data to Switzerland may be executed in a free regime which is also applicable to cross-border processing.
- For how long are your personal data stored?
As far as our clients are concerned, the period and the manner of storing your client file is governed by specific regulations in accordance with GDPR.
Your personal data shall be kept and stored for the duration of your legal representation by our law office. Furthermore, client files shall be stored for the period of 10 years from the day of termination of our legal representation, resp. from termination of our contractual relation. Afterwards, the whole documentation shall be properly destroyed except for the documents which are governed by specific regulations pursuant to Art. 6 (1c) GDPR, e.g. economic, accounting and tax regulations, evidence recorded for the purpose of criminal proceedings, etc.
- Instruction on data subject’s rights
As the data subject, you have right:
- to access your personal data as amended by Art. 15 GDPR
- to correction of your personal data as amended by Art. 16 GDPR
- to erasure of your personal data as amended by Art. 17 GDPR
- to restrict processing as amended by Art. 18 GDPR
- to data portability as amended by Art. 20 GDPR
- to object to the processing as amended by Art. 21 GDPR
- to withdraw consent for the personal data processing
- to lodge a complaint with the Data Protection Authority in Liechtenstein: Datenschutzstelle Liechtenstein, Städtle 38, Postfach 684, LI-9490 Vaduz, : +423 236 60 90,info.dss@llv.li
Enforceability of all the above mentioned rights is subject to GDPR regulations or depends on your status in relation to our law office as a client or not, which also confers on us the possible duty of confidentiality.
Your rights may also be enforced by email to office@boomandsmart.com or in writing to our company address.
- Cookies
The following cookies guidelines on our law office websites contain all necessary information on how our company uses them as well as the regulations under the General Data Protection Regulation (GDPR) and the applicable Electronic Communications Act.
What are cookies?
Cookies are small text files which the website stores on your computer or mobile device when browsing a website. Thanks to these files, the website shortly stores the information about your activity and preferences (e.g. the language, the size of the font or any other display settings), which means you will no longer have to type them the next time you are browsing these websites.
What cookies does this website use?
There are only two types of cookies we use.
The first ones are so-called technical cookies that are necessary for proper displaying of this website in your web browser. In order to be stored on your end device and to allow access to such data, your consent is not necessary because our website would not display correctly without their use.
The second type of cookies we use are cookies by Google Analytics. These are third party’s cookies by Google. In this case, your express consent is necessary so as we could store them on your end device and process the obtained data. By granting us the consent with their use, you will allow us to:
– store them on your end device and allow access to them and
– process data for the purpose of further analysis of the website traffic and the subsequent adaptation of its available content
Analytical cookies are used for the statistical analysis. They will enable us to understand how visitors use this website, what web pages they browse, etc. Statistical evaluation of these data will help us adapt the website content to users’ preferences and visitors’ needs.
These cookies allow us to identify your browser or device (“individual ID”), the time and date of your visit to our website. These analytical cookies can also collect information about the type and settings of your browser, the type and settings of your device, the operating system and mobile network (these data will allow us to differentiate one website visitor from other ones). The results of the analysis will be used solely for creating anonymous charts and ratings about popularity and traffic of webpages listed under our website and for adapting the content to users’ preferences.
How long are the obtained data stored?
Validity (duration) of analytical cookies – Google Analytics is 2 years.
Of course, these files can also be deleted from your device earlier. Please find below the procedure how to do it:
a. Google Chrome
b. Mozilla Firefox
c. Microsoft Internet Explorer
d. Microsoft Edge
Revoking the consent
Your preferences related to granting your consent can be changed and your consent revoked anytime. To do so, you can use our cookie banner or website browser settings.
More information
More information on personal data processing by the controller can be found in our Privacy Policy. For more information on cookies, click here or here.
