Privacy Statement
1. Who are we?
Loyens & Loeff is a fully independent law firm. For a full list of our relevant legal entities and the corresponding addresses, please click here. In the context of our activities, we collect, hold, disclose and/or otherwise process personal data. Pursuant to applicable data protection and privacy legislation, the relevant entity of Loyens & Loeff (hereafter: Loyens & Loeff, we, us) who you are in contact with qualifies as the controller with respect to the personal data that we process.
2. We know your privacy is important to you
We value the right to privacy and strive to protect the personal data we collect and use in accordance with applicable data protection legislation and more specifically with the General Data Protection Regulation (GDPR) and its relevant national implementing legislation.
In this Privacy Statement we will elaborate on whose personal data we collect, what personal data we collect, how we collect personal data, for what purposes we use personal data and to whom personal data is disclosed by us. Further, this Privacy Statement includes important information regarding your rights with respect to the processing of your personal data. Therefore, we encourage you to read this Privacy Statement very carefully.
However, what is relevant to you will depend on the relation you have with us. In view thereof, this Privacy Statement is structured in a layered way that enables you to read only what is relevant to you.
If you are a client of Loyens & Loeff, please refer to paragraph 3 of this Privacy Statement.
If you visit Loyens & Loeff, please refer to paragraph 4 of this Privacy Statement.
If you have subscribed to receive certain mailings from Loyens & Loeff, please refer to paragraph 5 of this Privacy Statement.
If you give us your business card or otherwise provided your contact details to Loyens & Loeff, please refer to paragraph 6 of this Privacy Statement.
If you email or otherwise contact Loyens & Loeff, please refer to paragraph 7 of this Privacy Statement.
If you are a visitor of our website, please refer to paragraph 8 of this Privacy Statement.
If you want to apply or have applied for a job at Loyens & Loeff, please refer to paragraph 9 of this Privacy Statement.
From time to time, we may need to change this Privacy Statement. The most recent version of this Privacy Statement is available on our website. In case of important changes of our Privacy Statement, we will actively inform you on these changes.
3. If you are a client of Loyens & Loeff
How do we collect your personal data, what personal data do we collect and why?
Pursuant to applicable laws, all legal and financial services providers, including Loyens & Loeff, are required to have at their disposal certain information and/or documents regarding the identity of their clients. In view hereof, by means of our Company or Partnership Identification and PEP Statement UBO Forms, we collect certain personal data of our clients and in the event that our client is a legal entity or body, of representatives of our clients and ultimate beneficial owners of our clients.
In this context, we process the following personal data for the following purposes:
We process this personal data in order to comply with our legal obligations in order to identify our clients and to report any unusual transactions (such as cash payments or transfers of money to high risk countries).
Further, in the context of applicable laws on the prevention of money laundering and terrorism, we have an internal warning and monitoring register that is only used by us and our affiliated group companies and partners. On grounds of risk control, we can decide to include information about you in this register. In this respect, we may process the following information relating to you:
For the processing of these personal data, we rely on our legitimate interests to protect our assets and business.
Further, in the context of our legal obligations deriving from mandatory disclosure-legislation, we have a database that is only used by us and our affiliated group companies. We may process the following information relating to you:
Finally, in the context of our client relationship we may process the following information relating to (contacts of) our clients:
We process this personal data in order to execute the services we render to our clients. This means that if the client is an individual, we base our processing on the necessity for the execution of the agreement entered into with the data subject and if the client is a legal entity on our legitimate interests to execute the agreement entered into with the client (which is not the data subject itself).
With whom do we share this personal data?
Where relevant, we will share your personal data with our affiliated companies, the Dutch Center for Reporting Unusual Transactions (in Dutch: Meldpunt Ongebruikelijke Transacties), the Belgian Financial Intelligence Processing Unit (CTIF-CFI), the Luxembourg Financial Intelligence Unit (in French: Cellule de Renseignement Financier), debt-collection agencies, relevant tax authorities within the EU, and third parties, where this is required for the purposes as set out above or where these third parties assist us in this respect. The recipients of your personal data may be located in countries outside the European Union (EU) and Switzerland (CH), which countries may offer a lower level of data protection than the country in which we are established. For example, we may need to engage a debt-collection agency established outside the EU or CH, for instance in case you or your company is based in a non-EU country and outside CH. In such case, we will ensure that the required safeguards are taken and we will, in most cases, adopt Standard Contractual Clauses (as approved by the European Commission). You may contact our Data Protection & Privacy Lead (see below) if you wish to obtain a copy of the Standard Contractual Clauses entered into or insight in other adequate measures taken.
How long do we store your personal data?
Generally, we will retain your personal data for the purposes as set forth above for 20 years after termination of our client relationship or the relevant file/matter.
4. If you are a visitor of Loyens & Loeff
How do we collect your personal data, what personal data do we collect and why?
If you visit the offices of Loyens & Loeff, kindly note that we make use of CCTV on most of our premises. This means that if you visit Loyens & Loeff, you may appear on our camera footage. A specialized third party provides for our security services in most of our offices. The security personnel of this service provider monitor this camera footage on a real-time basis and can access the camera footage on a non-real time basis during 24 hours if we have a reason to believe that certain irregularities have taken place. In such case, the security personnel shall gain us access to the camera footage.
We use CCTV to ensure that only authorized persons enter our offices, to protect our business (interests), properties and employees and to be able to investigate and handle irregularities. Where relevant, we will also use the camera footage to establish, exercise or defend our (legal) position in the event of (legal) proceedings. For the use of CCTV, we rely on our legitimate interests to protect our offices from access by unauthorized persons, in particular in view of the confidential information that is kept in our offices.
How long do we store your personal data?
As a general rule, we will keep the camera footage during 24 hours. However, if the camera footage show some irregularities, we will keep the camera footage for a longer period to enable us to investigate and handle these irregularities. After these periods, the camera footage is destroyed.
With whom do we share your personal data?
As referred to above, a third party service provider takes care of our security services. This third party has access to the camera footage. In exceptional cases, for example, in the event of criminal offences evidenced by the camera footage, we will share relevant camera footage with our affiliated entities and intelligence and investigative authorities or bodies. Further, if we are (legally) obliged to, we will provide the camera footage to competent authorities upon their request and we may use the camera footage as evidence in a legal proceeding and, hence, provide the camera footage to competent courts and counterparties.
The recipients may be located in a country outside the EU and CH, for example in the event that we pursue legal proceedings in a country outside the EU and CH or a counterparty is based in a non-EU country and outside CH. In such case, it shall be ensured that adequate measures are taken to ensure adequate protection of your personal data in accordance with applicable data protection legislation. Generally, we will enter into the Standard Contractual Clauses (as approved by the European Commission) with the recipient of your personal data. You may contact our Data Protection & Privacy Lead (see below) if you wish to obtain a copy of the Standard Contractual Clauses entered into or insight in other adequate measures taken.
5. If you have subscribed to receive certain mailings from Loyens & Loeff
As a fully independent law firm, we guarantee top-level advice and are committed to meeting client needs at the highest quality level in the most efficient way. We owe our success to our culture, our reputation and the trust placed in us by our clients. This is also shown in our tailored updates, newsflashes and events.
In order to send you these tailored updates and newsflashes and to invite you for events regarding matters of your particular interest (the Mailings), we process your personal data in our client relation management (CRM) systems. In the context of our Mailings, we collect your personal data because you are our client or other valued contact.
How do we collect your personal data and why?
We may collect information about you:
- directly from you, such as the information you provided to us when you opted-in for our Mailings;
- from other sources, such as your (former) employer or colleagues;
- from publicly available sources such as LinkedIn or the corporate website of the organization you are working for; and
- by means of cookies (that are placed when you opt-in for our Mailings and in any of our Mailings). For more information on the cookies we use in this respect, please see below.
We have two legal basis for processing your personal data with respect to our Mailings: your consent or our legitimate interest if you are our client. Our legitimate interest translates into our objective to communicate relevant legal and tax developments and to invite our valued clients and contacts (and their partners) to events. We also aim to only send relevant Mailings, to personalize our Mailings, and to keep our database up to date. Furthermore, we use the information provided by you to better understand the recipients of our Mailings and to improve our Mailings and service offering.
Below we have schematically set out what personal data we collect about you and for what purposes.
We are required to process the personal data marked with an asterisk (*) in order to be able to send you the Mailings. Of course, you may refuse to give us certain of these personal data. Please keep in mind that this may result in us being unable to send you the Mailings or to correctly address you in these Mailings.
With whom do we share your personal data?
In the context of the purposes as listed above, we may share your personal data with third parties, such as parties that help us organize or host our events and researchers that help us analyse our Mailings.
We will ensure that, where relevant, contractual safeguards are implemented to ensure the protection of your personal data when disclosing your personal data to a third party. For example, we will enter into data processing agreements with relevant parties (providing for restrictions on the use of your personal data and obligations with respect to the protection and security of your personal data).
We will share your personal data with our affiliated entities. These may be located in countries outside the EU and CH, which countries may offer a lower level of data protection than the country in which we are established. In view hereof, we have entered into an intra-group data transfer agreement based on the Standard Contractual Clauses for international data transfers as approved by the European Commission. As a general rule, we do not share your personal data as set out above with other parties located in countries outside the EU and CH. This may, however, be different in the event that we organize an event in a country outside the EU and CH and, hence, the host of our event is located in such country. In such case, it shall be ensured that adequate measures are taken to ensure adequate protection of your personal data in accordance with applicable data protection legislation. Generally, we will enter into the Standard Contractual Clauses (as approved by the European Commission) with the recipient of your personal data. You may contact our Data Protection & Privacy Lead (see below) if you wish to obtain a copy of the Standard Contractual Clauses entered into or insight in other adequate measures taken.
How long do we store your personal data?
We will store your personal data as listed above until the moment you have informed us that you no longer wish to receive our Mailings, we cease the sending of the relevant Mailings, or it appears that your email address is no longer in use (for example when we receive a filed delivery notification). Information relating to your partner or your dietary requirements will be deleted when the particular event has taken place and we no longer need that information.
Use of cookies in Mailings
Our Mailings make use of tracking cookies by Dynamics for Marketing of Microsoft to track visitor statistics. We use these statistics to continuously improve our Mailings, and thus offer you relevant content.
If you opt in to our Mailings, downloading images or clicking on a link in any of these Mailings will cause you to be personally identified. This means we can see whether you open our Mailing. If you wish to avoid this tracking, you can unsubscribe from our Mailings or customise the settings of your browser so that it refuses cookies.
Most web browsers automatically accept cookies, but you can usually customize the settings of your browser so that it refuses cookies. You must set your settings for each browser and on each computer you use. Click on the name of your browser to read how to customize your settings:
Internet Explorer
Mozilla Firefox
Apple Safari
Google Chrome
6. If you give us your business card or otherwise provide your contact details to us
How do we collect your personal data, what personal data do we collect and why?
If you have provided your business card to (an employee or partner of) Loyens & Loeff or otherwise provided us with your contact details, we will process your personal data, such as your name, contact details, company, position and your contact person at Loyens & Loeff. We will use your personal data in order to contact you and for example, to ask you whether you would like to subscribe to our Mailings or if you have given us your contact details for a certain purpose, such as to send you information on our firm or a specific matter, to send you this information.
We have two legal basis for processing your personal data your consent (by actively providing your contact details to us for a certain purpose) or our legitimate interest. Our legitimate interest translates into our objective to communicate relevant legal and tax developments and to invite our valued contacts to events.
With whom do we share your personal data?
We will share your personal data with our affiliated entities. These may be located in countries outside the EU and CH, which countries may offer a lower level of data protection than the country in which we are established. In view hereof, we have entered into an intra-group data transfer agreement based on the Standard Contractual Clauses for international data transfers as approved by the European Commission. As a general rule, we do not share your personal data as set out above with other parties located in countries outside the EU and CH. This may, however, be different in the event that we organize an event in a country outside the EU and CH and, hence, the host of our event is located in such country. In such case, it shall be ensured that adequate measures are taken to ensure adequate protection of your personal data in accordance with applicable data protection legislation. Generally, we will enter into the Standard Contractual Clauses (as approved by the European Commission) with the recipient of your personal data. You may contact our Data Protection & Privacy Lead (see below) if you wish to obtain a copy of the Standard Contractual Clauses entered into or insight in other adequate measures taken.
7. If you email or otherwise contact Loyens & Loeff
If you email or otherwise contact Loyens & Loeff (for instance by regular mail), we will process certain personal data relating to you. This will include your name, email address and the content of your email, postal mail or other communication.
We will use this information in order to handle your email postal mail or other communication and revert to your email, postal mail or other communication. Further, where relevant, your email, postal mail or other communication will be used to establish, exercise and defend the legal position of our clients, will be included into our files and may be used in legal proceedings.
All emails send to and by our employees, are saved in our back-up files for 20 years for administration purposes and to establish, exercise and defend our legal position in the event of claims or disputes.
Further, all emails in the email accounts and files of our employees may be subject to monitoring or investigation by us. Such monitoring or investigation will be carried out by us in accordance with applicable laws and regulations and will be carried out regularly on a random basis and on a more targeted basis in the event that we have any suspicion of (criminal) offences or other irregularities. In the context of such monitoring or investigation, your personal data may be processed, including your name, email address and the context of emails that you have sent to or is forwarded to an employee of Loyens & Loeff.
Where relevant, we may use these emails in legal proceedings and in view thereof be shared with counterparties and courts, and may also be shared with investigative services in the event that criminal offences have been identified. Note that these parties may be established in countries outside the EU and CH. These international transfers will in most cases be necessary for the establishment, exercise or defence of a legal claim and in other cases, we will take the appropriate safeguards with the recipients.
The outcomes of such monitoring will be deleted as soon as no irregularities have been identified and in the event that irregularities have been identified, as long as necessary to deal with these irregularities.
8. If you are a visitor of our website
If you visit our website, certain personal data relating to you will be collected and further processed. To learn more about what personal data is collected and for what purposes, please refer to our Cookie Statement on our website, that you can find here.
9. If you want to apply or have applied for a job at Loyens & Loeff
In the context of your application at Loyens & Loeff, we will process certain personal data relating to you.
How do we collect your personal data and why?
You will provide us most of these personal data yourself, for example your personal contact details and your curriculum vitae. We may also obtain personal data relating to you from other parties, such as employment agencies, head-hunters or selection firms. Further, we will obtain personal data relating to you from other sources, such as social media platforms such as LinkedIn. What personal data we collect about you from others and for what purposes we will use this information is set out schematically below:
We process these personal data in order to take steps at the request of a data subject prior to entering into a contract. Further, considering the nature of our services, we have legitimate interests to process these personal data in order to ensure that we hire competent and honourable personnel and to deal with possible complaints or claims relating to our application and selection procedure.
With whom do we share your personal data?
We use third party service providers for certain parts of our application and selection procedure (such as personality and IQ tests). Where relevant, we will share your personal data with these service providers. Where relevant (for example, if you apply for an internship in one of our offices abroad), we will share your personal data with our affiliated entities. These may be located in countries outside the EU and CH, which countries may offer a lower level of data protection than the country in which we are established. In view hereof, we have entered into an intra-group data transfer agreement based on the Standard Contractual Clauses for international data transfers as approved by the European Commission.
How long do we store your personal data?
Your personal data will be kept during our application and selection procedure and will be kept for 4 weeks after completion thereof, unless the applicant has indicated that the data may be kept for a longer period of time.
10. Data protection & security
As a fully independent law firm, Loyens & Loeff guarantees top-level advice in every part of the world. We are committed to meeting client needs at the highest quality level in the most efficient way. We have our own network of offices in major financial centers and we operate in a dynamic business environment where we highly depend on information systems and computer networks. It is essential that the confidentiality, integrity and availability of our client information is preserved at all times by managing the risks to which they are exposed in accordance with applicable legal/regulatory requirements and internal standards. In view hereof, we have adopted and comply with the Loyens & Loeff Information Security Policy that is based on the controls of ISO/IEC 27002.
11. Your rights and how to invoke them
You may ask us for information about and access to your personal data and to object to the processing of your personal data by us. Further, under certain circumstances you have the right to ask us to rectify or delete your personal data, to restrict the processing of your personal data by us and to receive your personal data in a structured, commonly used and machine readable format and to (have) transmit(ted) your personal data to another organization.
If you have any questions, comments or complaints in relation to this Privacy Statement or the processing of your personal data by us, please feel free to contact your regular contact within our firm or our Data Protection & Privacy lead via dataprotection@loyensloeff.com or +31 20 578 57 85.
Finally, you have the right to lodge a complaint with the relevant Data Protection Authority, such as the Dutch Data Protection Authority, the Belgian Privacy Commission, the Luxembourg National Commission for Data Protection or the Swiss Federal Data Protection and Information Commissioner. You can find the contact details of these authorities on:
www.autoriteitpersoonsgegevens.nl