Privacy Policy

When processing personal data, we are governed primarily by the EU General Data Protection Regulation (“GDPR”), which also sets out your rights as a data subject, and by those provisions of the Personal Data Protection Act that apply to us (in particular Section 78), the Act on the Legal Profession (Section 18) and other regulations. We comply with the Code of Conduct adopted by the Slovak Bar Association (“SBA”), which explains in more detail how lawyers process personal data. You can read the SBA Code of Conduct at www.sak.sk/gdpr.

Who is the controller and how can you contact us?

The controller processing your personal data is the law firm Anton Konkol, advokát, s.r.o., with its registered office at Kresánkova 1, 841 05 Bratislava, Slovak Republic, Company ID (IČO): 46625593 (hereinafter “we”). If you have any questions, you can contact us by e-mail at office@konkol.sk or by post at our registered office address.

What personal data do we process?

We mainly process the following personal data:

– of clients and other natural persons to the extent necessary for practising law in accordance with Act No. 586/2003 Coll. on the Legal Profession, as amended, and with data protection legislation, and for fulfilling statutory, professional and contractual obligations;

– of suppliers or their employees for the purpose of exercising mutual rights and obligations arising from commercial relationships;

– of business partners or their employees;

– of employees in accordance with legal requirements and for the purposes defined by law, in particular the Labour Code, the Social Insurance Act, the Income Tax Act and the Act on the Protection of Health;

– of job applicants.

Why do we process personal data?

We need to process personal data in order to be able to:

– provide legal services to our clients and practise the legal profession;

– fulfil various statutory, professional and contractual obligations; and

– protect the legitimate interests of ourselves, our clients and other persons.

To whom do we disclose your personal data?

We disclose the personal data of our clients and other natural persons only to the extent necessary and always subject to the recipient’s duty of confidentiality, e.g. to our employees, to persons we instruct to carry out individual legal services, to substitute or cooperating lawyers, to our accounting advisers, to our professional advisers (e.g. auditors), to the Slovak Bar Association (e.g. in disciplinary proceedings) or to providers of software or support services for our firm, including the employees of these persons.

Although our duty of confidentiality limits our obligation to disclose your personal data to public authorities, we are obliged to prevent the commission of a criminal offence and we are also obliged to report information in the area of preventing money laundering and terrorist financing.

To which countries do we transfer your personal data?

We do not intend to transfer your personal data to third countries outside the European Economic Area (EU, Iceland, Norway and Liechtenstein).

How long do we keep your personal data?

We keep personal data for no longer than is necessary for the purposes for which it is processed. When retaining personal data, we follow the recommended retention periods set out in Resolution No. 29/11/2011 of the Presidium of the Slovak Bar Association, e.g.:

– once full, the incoming mail register and the outgoing mail register are kept by the lawyer for ten years from the date on which the last item recorded in the register was received or sent;

– the lawyer archives the inventory list for ten years from the date on which it was drawn up;

– if the lawyer keeps the client name index and the client file register electronically, a printed version for the calendar year is produced at the end of each calendar year and kept at the office without time limit;

– the disposal period for a client file is 10 years and runs from the day on which all conditions for archiving the file have been met.

Lawyers are subject to professional regulations interpreting their duties under the Act on the Legal Profession, under which certain circumstances extend our personal data retention periods or, for understandable reasons, prevent us from disposing of certain documents. For example:

– a client file containing original documents handed over to the lawyer by the client may not be disposed of;

– client file registers and client file name indexes may not be disposed of;

– a client file or any part of it that the lawyer is obliged to hand over to the state archive may not be disposed of;

– a client file may not be disposed of while any proceedings are pending before a court, a public administration authority, law enforcement authorities or the Slovak Bar Association that relate to the content of the client file or concern an act or omission of the lawyer in providing legal assistance to the client in the matter.

How do we obtain your personal data?

If you are our client, we most often obtain your personal data directly from you. In that case, providing your personal data is voluntary. Depending on the specific case, a client’s failure to provide personal data may affect our ability to provide high-quality legal advice or, in exceptional cases, may even oblige us to refuse to provide legal advice. We may also obtain personal data about our clients from publicly available sources, from public authorities or from other persons.

If you are not our client, we most often obtain your personal data from our clients or from other public or statutory sources, by requesting it from public authorities, through extracts from public registers, by gathering evidence in favour of a client, etc. In such cases, we may obtain personal data about you without informing you and even against your will, on the basis of our statutory authorisation and obligation to practise law in accordance with the Act on the Legal Profession.

What rights do you have as a data subject?

If we process your personal data on the basis of your consent, you have the right to withdraw your consent at any time. Withdrawal of consent does not affect the lawfulness of processing based on consent before its withdrawal.

Regardless of this, you have the right to object at any time to the processing of personal data based on a legitimate or public interest, as well as for direct marketing purposes, including profiling.

As a client, you have the right to request access to your personal data and its rectification. If we process personal data in the course of providing legal services, neither you as a client nor any other natural person (e.g. the opposing party) has the right to object to such processing under Article 22 GDPR. Where personal data relate to a client (regardless of whether the client is a legal or natural person), other persons have neither the right of access to the data nor the right to data portability, owing to our statutory duty of confidentiality and with reference to Article 15(4) GDPR, Article 20(4) GDPR and Section 18(8) of the Act on the Legal Profession: “A lawyer is not obliged to provide information on the processing of personal data or to allow access to or portability of personal data under a special regulation if this could lead to a breach of the lawyer’s duty of confidentiality under this Act.” You also have the right to lodge a complaint at any time with the Office for Personal Data Protection or with the Slovak Bar Association.

For what purposes and on what legal bases do we process your personal data?

 Purpose of processing personal data Primary legal basis Related legislation
Providing legal services to clients and practising the legal profession

Performance of a contract with the data subject (Article 6(1)(b) GDPR)

Compliance with legal obligations (Article 6(1)(c) GDPR)

Act No. 586/2003 Coll. on the Legal Profession

Act No. 160/2015 Coll., Code of Civil Contentious Procedure

Act No. 161/2015 Coll., Code of Civil Non-Contentious Procedure

Act No. 162/2015 Coll., Code of Administrative Judicial Procedure

Act No. 300/2005 Coll., Criminal Code

Act No. 301/2005 Coll., Code of Criminal Procedure

Act No. 297/2008 Coll. on the Prevention of Money Laundering and Terrorist Financing

Act No. 305/2013 Coll. on the Electronic Exercise of Powers of Public Authorities

 
Providing non-legal services to clientsCompliance with legal obligations (Article 6(1)(c) GDPR)E.g. Act No. 315/2016 Coll. on the Register of Public Sector Partners, as amended 
Performance of contractual relationshipsPerformance of a contract with the data subject (Article 6(1)(b) GDPR) where the contracting party is a natural person, and legitimate interest (Article 6(1)(f) GDPR) where the contracting party is a legal person: the need to enter into and perform contractual relationshipsCommercial Code and Civil Code 
Protection of property, order and securityLegitimate interest (Article 6(1)(f) GDPR): protection of property, order and security Commercial Code and Civil Code 
Employment

Performance of a contract with the data subject (Article 6(1)(b) GDPR)

Compliance with legal obligations (Article 6(1)(c) GDPR)

Act No. 311/2001 Coll., Labour Code

Act No. 586/2003 Coll. on the Legal Profession

Act No. 595/2003 Coll. on Income Tax

Act No. 461/2003 Coll. on Social Insurance

Act No. 580/2004 Coll. on Health Insurance

Act No. 124/2006 Coll. on Occupational Health and Safety

 
Accounting and tax purposes

Compliance with legal obligations (Article 6(1)(c) GDPR)

Act No. 431/2002 Coll. on Accounting 

Changes to these privacy terms

Data protection is not a one-off matter for us. The information we are required to provide to you about our processing of personal data may change or cease to be up to date. For this reason, we reserve the right to amend and change these terms at any time and to any extent. If these terms change materially, we will bring the change to your attention, e.g. by a general notice on this website or by a separate notice by e-mail.

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