1. Consent to data processing with the sending of a request
1.1. By sending a request for the preparation of a mandate or in connection with a client relationship, the client agrees to the processing of his/her personal data by BRUHIN KLASS AG and agrees to be contacted by BRUHIN KLASS AG for the processing of the mandate or otherwise via all possible communication channels (call to private mobile or landline number, e-mail to private mail account, text message, or communication via social networks).
2. Keeping records
2.1. If you enter into a client relationship with us, we will store all information arising within the scope of the client relationship in our ERP software and, in addition, any physical documents in the client dossier in paper form. The electronic as well as the physical client dossier is accessible to all BRUHIN KLASS AG employees. Original files (e.g. judgements, contracts and incoming correspondence) are usually forwarded directly to the client. The client himself/herself is responsible for keeping them in safe custody. Furthermore, BRUHIN KLASS AG provides the client with copies of the correspondence in electronic form and, on request, also in paper form. Beyond the complete handover of these documents, the client has no right to the keeping or archiving of dossiers.
2.2. In order to comply with its own accounting obligation and duty to preserve records, BRUHIN KLASS AG generally retains certain documents (e.g. invoices for professional services fees) for ten years after the conclusion of a mandate. With regard to potential follow-up questions, BRUHIN KLASS AG is entitled to keep files for longer, both in physical and electronic form, in whole or in part. BRUHIN KLASS AG shall, however, also be entitled to destroy the mandate files without prior notice, after a period of ten years has elapsed since the settlement of the case.
2.3. BRUHIN KLASS AG may outsource the maintenance or operation of its IT systems to third parties. As a matter of principle, the client shall agree to this approach. BRUHIN KLASS AG shall ensure that the requirements of laws governing attorneys and of data protection law are fulfilled. Insofar as any third parties consulted could gain access to client data in the course of their work, they must be obliged to maintain secrecy prior to this.
3. Scope and purpose of the data processing
3.1. In the course of a client relationship (or possibly in preparation thereof), BRUHIN KLASS AG collects specific data from clients. This includes, in particular, the following data:
- Basic data (such as name, gender, title, date of birth or company, location, etc.)
- Contact details (address, private and business landline and mobile number, private and business e-mail address, etc.)
- Further mandate-specific information, which is usually provided directly by the client, but can also originate, for example, from Internet research or data supplied by third parties
3.2. Of course, this information is primarily used for processing the client’s mandate. In addition, this data is stored to fulfil the legal information, notification and information obligations and duty to preserve records, as well as for defence against payment or rescission claims, claims for performance, injunctive relief and/or claims for damages.
4. Information on the exercise of the mandate
4.1. A prerequisite for the target-oriented activity of BRUHIN KLASS AG is complete and correct information provided by the client about all relevant circumstances, including those which only arise in the course of the mandate. BRUHIN KLASS AG is also dependent on being provided with all necessary documents by the client in good time. It may, as a matter of principle, assume that the information received from the client is complete and accurate.
4.2. Unless the client has issued instructions to the contrary in individual cases or the circumstances clearly indicate otherwise, BRUHIN KLASS AG may exchange client-related information with employees or external advisors of the client as well as with third parties consulted.
5. Legal obligation to maintain secrecy / attorney-client privilege
5.1. BRUHIN KLASS AG is bound to secrecy (attorney-client privilege). This obligation refers to everything that has become known to us in the exercise of our profession. The persons employed by us are also bound to secrecy. This shall also apply to persons who participate in our professional activity within the framework of a job preparation activity or any other auxiliary activity.
5.2. Without the client’s explicit consent for the individual case, BRUHIN KLASS AG will not share any client data with any third party. If the client decides not to share his/her data in such an individual case, he/she can, of course, refuse his/her consent.
5.3. The collection and use of client data by BRUHIN KLASS AG for the purpose of any further commercial use, in particular for sale to third parties – for example for advertising purposes – is categorically excluded.
6. Electronic communication
6.1. In the interest of speedy processing, BRUHIN KLASS AG regularly communicates by e-mail. E-mail communication is not encrypted unless the client or a third party expressly requests another form of communication.
6.2. The transmission of information by electronic means (by e-mail, fax or via Internet applications) is generally associated with risks – in particular the risk of becoming known to and/or manipulated by unauthorised third parties or misdelivery. Such risks can be reduced by encrypted transmission, e.g. by encrypting e-mail attachments or using a delivery platform.
6.3. If the client does not specify any communication requirements, he/she authorises BRUHIN KLASS AG to use unencrypted electronic communication despite being aware of the corresponding risks. These instructions may be changed by the client at any time. In order to avoid any ambiguity, they must be communicated to BRUHIN KLASS AG in writing.
7. Retention and potential further use of personal data
7.1. Irrespective of the current mandate, a client may be interested in being represented by BRUHIN KLASS AG in the future as well.
7.2. Therefore, the client consents to the further use of his/her data for future mandates. Unless advised to the contrary by the client, the client’s data will be stored at BRUHIN KLASS AG for at least 10 years after completion of a mandate. Based on regulatory requirements (e.g. to avoid conflicts of interest), BRUHIN KLASS AG may be required to retain key client-specific information beyond the 10-year period.
8. Withdrawal of consent to data processing
8.1. Every client can withdraw his/her consent to data processing by BRUHIN KLASS AG at any time. The withdrawal of consent must be communicated in writing to avoid any ambiguity.
8.2. If data processing on the part of BRUHIN KLASS AG is based on such a withdrawn declaration of consent, BRUHIN KLASS AG will immediately cease such data processing and – unless the data is otherwise processed in a justified manner – immediately erase it.
8.3. Any data processing operations carried out prior to withdrawal on the basis of the consent given for a mandate shall remain lawful. The client may request BRUHIN KLASS AG to provide information on the type and scope of processing of his/her personal data and, if necessary, on the correction or erasure thereof.