Who is responsible for data processing?
Lawyer Mag.Oliver Ertl
Hahngasse 25, 1090 Vienna
T: 0043 1 5122175, F: 0043 1 5122175 20
Which data is processed?
The data required for our legal professional services and the associated legitimate interests and legal obligations. We do not do marketing (so we do not send Christmas and birthday wishes to you) and do not track or analyze you on our website.
We (Mag. Oliver Ertl and – as far as necessary case-related – his employees, substitutes, data processors, banks, electronic Archivium, e-mail providers, the Provider of Software for electronic legal transactions, as required by law, etc.) process personal data as necessary for the business relationship with you, and interactions with courts and authorities, or other parties (opponents, their representatives, your contractual partners).
Furthermore, we process data that we have legitimately received from credit bureaus such as the Kreditschutzverband 1870 and from publicl sources (eg commercial registers, association register, land register, media).
Personal data includes:
- Your personal data (name, address, contact details, birthday, place of birth, citizenship etc.)
- in individual cases, strictly case-related (eg criminal procedure, asylum or foreigner’s-law proceedings) and only as far as required for the specific case with your consent also special categories of personal data (Article 9 section 1 GDPR): data relating to racial and ethnic origin, political opinions , beliefs or ideological beliefs or union affiliation, genetic data, biometric, data to uniquely identify a natural person, data on health or sexual orientation.
- Legitimation data (eg ID data) and authentication data (eg signature sample)
In addition, the following data may also be processed:
- Bank details and data resulting from the fulfilment of our mutual contractual obligations (eg for receipt and forwarding of payments)
- Documentation data (eg file memos, calendar entries, minutes)
- Register data
- Image and sound data (eg photographs, video or telephone recordings that you or your contract partners and / or opponents make available to us)
- Data to fulfil our legal obligations
No legal counsel is possible without processing data!
If you do not wish us to process and store the data required for the legal procedure and the associated legitimate interests and legal obligations, we must refuse to take over or continue to serve you on a mandate. We will not request and / or process any other data from you.
What are the purposes?
We process your personal data in accordance with the European data protection regulations on the following legal basis:
– for the fulfillment of contractual obligations (Article 6 (1b) GDPR):
The processing of your data is necessary in order to enforce or defend claims, to advise you, to set up and implement contracts, in short to represent your interests as an attorney, be it in or out of court, towards administrative authorities, to handle real estate transactions for you, etc.
This includes the defense against claims for damages and other claims that you or third parties assert against us or others as a result of our contractual relationship.
We are subject to a statutory obligation to maintain secrecy (in particular, Section 9 of the Austrian Lawyers’ Code)
We also need the data for billing and communication with you.
– or to fulfill legal obligations (Article 6 (1c) GDPR):
We may be required by law, as a lawyer and entrepreneur, to process, store and provide personal data.
Such obligations may arise, for example, from the following laws:
- Lawyers’ Professional Laws, Civil and Criminal Procedure Codes, and other procedural laws
- Banking Act and Money Laundering Act
- Federal Tax Code (BAO) and other tax laws
– or with your explicit consent (Art. 6 (1a) GDPR):
Data processing will only take place in accordance with the purposes specified in your consent declaration and to the extent agreed therein. A given consent can be withdrawn by you at any time with effect for the future.
– or for the protection of legitimate interests (Article 6 (1) GDPR):
If necessary your data will be processed beyond the fulfilment of the contract, on a case-by-case basis, for the protection of justified interests of Mag. Oliver Ertl, or third parties, such as
- Consultation with credit bureaus (eg Österreichischer Kreditschutzverband 1870) to determine creditworthiness or to comply with anti-money laundering requirements
- Necessary measures to protect employees, clients and the property of the firm
- In the context of legal action
Who has access to data?
Within the firm, those employees who need data to fulfill our contractual and legal obligations, and / or to protect legitimate interests.
In addition, contract data processors (in particular Webhosting-, Mailservice- and IT Service Providers) commissioned by us will receive data, if they need it to fulfill their respective tasks.
Contractors are obliged to treat your data confidentially and to process it only to the extent necessary.
If there is a legal or regulatory obligation, public authorities may also receive your data.
§9 of the AustrianLawyer’s Code (Rechtsanwaltsordnung) is essential for our contractual rights and obligations, data processing and confidentiality!
§ 9. (1) The lawyer is obliged to act in accordance with the law and to represent the rights of his party against everyone with zeal, loyalty and conscientiousness. He is empowered to do everything he deems lawful to represent his party, as he considers necessary, without reservation, and to use all means of defense, which do not contradict his mission, his conscience and the laws.
(1a) In accordance with the technical and organizational possibilities and the requirements of an orderly administration of justice and in accordance with the guidelines pursuant to Section 37 (6), the lawyer is obliged to provide the facilities necessary for the protection, prosecution and enforcement of the interests entrusted to him, in particular to communicate with Courts by way of electronic legal transactions (§ 89a GOG)
(2) The lawyer is bound to strict secrecy concerning the matters entrusted to him and all facts otherwise known to him in his professional capacity, in the interest of his party. He has the right to such secrecy in judicial and other official proceedings in accordance with the procedural rules. The same applies to the shareholders as well as the members of the supervisory bodies of a law firm.
(3) The right of the lawyer to secrecy pursuant to section 2 sentence 2 must be respected in all judicial or other official procedures, and must not be circumvented, in particular by interrogation of assistants of the lawyer or by the seizure and publication of documents, images, sound or data carriers, except as permitted by special regulations.
(4) In the case of transactions listed in § 8a section. 1, the lawyer has to inform the Federal Minister of the Interior (Federal Criminal Police Office, Money Laundering Registration Office according to § 4 section 2 of the Federal Criminal Police Act) about all circumstances known to him, as necessary to clarify a suspicion against his party of money laundering (§ 165 Austrian Criminal Code – StGB) or terrorist financing (§ 278d StGB). This obligation shall cease under the conditions specified in § 8c (1) second sentence.
(5) Such a report, in good faith, to the Federal Minister of the Interior (Federal Criminal Investigation Office, Money Laundering Registration Office according to § 4 section 2 Federal Criminal Police Act), according to §§ 8b and 8c, is not considered a violation of confidentiality and other contractual or legal secrecy obligations, and shall have no adverse legal consequences for the lawyer.
How long is data stored?
For the duration of the entire business relationship (from initiation to complete termination of a mandate).
In addition, according to legal storage and documentation obligations, generally seven full calendar years from the year of termination of the mandate.
Storage and documentation obligations arise, among others, from:
- The Austrian Lawyer’s Act (RAO):
Records must be kept for seven calendar years from the date of termination of the mandate. This is the maximum duration for which we are obliged to keep the files for you. After seven full years, we usually destroy the paper files and delete all data, unless there are special liability risks.
- the Austrian Entrepreneur Code (UGB) and General Civil Code (AGBG):
For the defense against and enforcement of – in particular- claims for damages until the end of the statutory limitation period (three to thirty years). We are entitled, but not obliged to store files for 30 years!
- the Austrian Federal Tax Code (BAO): Files are to be kept for seven full calendar years after termination.
Right to information, correction, deletion or restriction of the processing of your stored data
You have towards Mag Oliver Ertl
- the right to information, correction, deletion or restriction of the processing of your stored data
- a right to object to the further processing
- a right to data portability in accordance with the requirements of data protection law
Please send your data related requests by mail to firstname.lastname@example.org
The limit of our information, correction and cancellation obligations are defined by the purposes of our contract with you, including claims for fees and our statutory secrecy and retention obligations.
You can address complaints to the Austrian Data Protection Authority www.dsb.gv.at
We take data security seriously
We take the necessary technical and organizational measures to ensure the security of data processing and to process your personal data in such a way that they are protected against access by unauthorized parties.