pursuant to Article 13 of the Italian Personal Data Protection Code
(Legislative Decree No. 196 dated 30 June 2003)
INFORMATION NOTICE and CONSENT
Dear Madam/Sir, Company, Association, Entity,
We wish to inform you that Legislative Decree No. 196 of 30 June 2003 (hereinafter, the Privacy Code) provides for the protection of individuals and other parties with regard to the processing of personal data. Under the Privacy Code, data must be processed based on the principles of correctness, lawfulness and transparency, protecting your privacy and your rights. Furthermore, pursuant to Article 135 of the Privacy Code, by Order No. 60 dated 6 November 2008 issued by the Italian Data Protection Supervisory Authority (published in the Italian Official Journal No. 275 dated 24 November 2008), the Privacy Code of Ethics was approved, which all practicing lawyers must observe in performing their activity.
In accordance with Article 13 of the Privacy Code and Article 3 of the Privacy Code of Ethics, we therefore provide you with the following information.
Data processing that may be performed by the LEX E.R. Law Firm, Partnership between Lawyers (the “Law Firm”), also in compliance with General Authorisation No. 4/2014, General Authorisation No. 7/2014 and the Authorisations for the Processing of Judicial Data and Sensitive Information Related to Mediation Aimed at the Settlement of Civil and Commercial Disputes dated 21 April 2011:
a. will be performed by means of a computerised system and/or collection of paper documents and will pursue the following goals:
Subject Matter of the Engagement
Engagement Letter / Written quote dated
as well as to comply with tax provisions connected with record keeping and tax returns, and with the requirements specified in the anti-money laundering legislation (Legislative Decree No. 231 of 21 November 2007 and rules of application and enforcement thereof Ð Ministerial Decree of 16 April 2010);
b) communication of the data is mandatory, and failure to provide the data may render it impossible for us to carry out our engagement;
c) the data may/will be communicated to: the Italian/Local Bar Association and/or Financial Intelligence Unit (FIU) purely for anti-money laundering purposes and to the Judicial Administration Bodies in general, Financial and Administrative Authorities, Land Register, Judicial Sale Entities, and the Public Register of Motor Vehicles; the data may be used in court and out of court by way of document submission, reproduction in case materials, or oral presentation in a court hearing, or communicated to internal and external consultants or partners, other professionals, professional bodies or boards, social security, personal care, insurance and credit institutions, the state financial administration and other competent bodies, the police forces, bailiffs, local authorities, public bodies having commercial or non-commercial nature, subject to legislative, regulatory and contractual provisions;
c1) the data may be communicated at national and international level, in the European Union and other countries;
c2) in compliance with the general Order issued by the Italian Data Protection Supervisory Authority on 28 November 2008, the data may be communicated to the System Administrator;
c3) the data will not be disclosed to other third parties without your prior express consent.
The data will be processed for the purposes connected with and/or required for the professional activity of the Law Firm, in compliance with the purposes set out above, in accordance with the Professional Code of Ethics, as a result of the established intellectual work relationship between the Client and the Law Firm, and only as long as strictly necessary for the purposes set out above.
The data will be processed by applying adequate methods and tools to guarantee their confidentiality using electronic or automated means (network data processing systems not accessible to the public and/or contractually guaranteed cloud computing services) and by non-automated means (paper-based archives), in each case protected by adequate security measures, such as personalised passwords with exclusive access, personal ID codes, and control of access to the archives, as provided for and regulated by Articles 31 to 36 (inclusive) of the Code, and in all cases in compliance with Article 11 of the Code. From the organisational perspective, monitoring is performed on both the appointment of parties involved in data processing and on the qualification of the data.
Please also note that the consent provided for by Article 23 of the Code is not necessary in cases when, as per Article 24(1)(b), obligations arising out of the professional relationship between the Client and the Law Firm will be performed or to fulfil specific requests made by the client (data subject), or when, as per Article 26(4)(c), data is collected and then processed, communicated and/or distributed for the purposes of defensive investigations pursuant to Law No. 397 dated 7 December 2000, or, in any case, to protect or defend legal claims.
The data controller is the LEX E.R. Law Firm, Professional Association, with registered address at via D Griffoni, 19, 40123 Bologna (BO).
The key persons in charge of the processing are the Lawyers Fabio Benetti, Marcello Benetti, Massimiliano Mariani, Federica Marazzi, and Ivan Vincenzi. You may request the complete list of the persons in charge at any time by sending an email to the address: firstname.lastname@example.org.
You may contact the data controller to exercise your rights as per Articles 7, 8, 9, and 10 of the Code.