Background
On 25 May 2018 a new law came into place. It is known as the General Data Protection Regulations (GDPR). Basically, GDPR is about how personal information about individuals is collected, used and protected. There are other regulations, the Privacy and Electronic Communication Regulations (PECR), which deal with how information concerning companies is processed.
This note sets out how the personal information provided by a client of Ebery Williams Limited will be used and protected. It will explain of the client’s rights in relation to it. Personal information can be provided to Ebery Williams Limited by individuals in relation to their own personal transactions, but can also be provided by those representing businesses when instructions are given on behalf of the business.
Ebery Williams Limited’s Commitment
The commitment of Ebery Williams Limited to each client is:
- To keep personal information provided by each client safe and private
- Not to use personal information for any purposes other than in connection with undertaking work for the client, for the effective running of Ebery Williams Limited, for account management purposes, for keeping the client informed of information about the business of Ebery Williams, as required by the firm’s Regulators and the law and otherwise in accordance with the provisions of this Privacy Notice.
- To make it easy for each client to approach Ebery Williams Limited if the client has any concerns or questions relating to the retention of personal information.
Responsibility for Data Protection
The person responsible for data protection matters at Ebery Williams Limited is Miles Farren, whose email address is: miles.farren@eberywilliams.com.
The collection of Personal information
Ebery Williams Limited will collect personal information directly from each client. This will often be when the firm is dealing with a client’s questions about the services that are provided or to start acting. Further personal information may be collected while the work proceeds. Information may be collected at meetings, by telephone, by email or other means. Please ensure that all personal information which is supplied is accurate.
It is possible that Ebery Williams Limited may obtain information concerning a client from other sources, for example, as the result of regulatory checks that are required or when personal information is provided to the firm by others involved in the work being undertaken.
When acting for individuals, Ebery Williams Limited is required to collect such information as is necessary to comply with legal requirements such as Money Laundering legislation. This means that information will be sought to verify the client’s identity. Similar requirements apply when the firm is acting for a business and information is required to ascertain the identity of key individuals. The requirements of Money Laundering legislation are quite extensive.
Ebery Williams Limited will require contact details such as:
- Full name
- Address
- Telephone number
- Email address
- Date of Birth
Ebery Williams will also collect such personal information as is reasonably required from a client in order to carry out work effectively in accordance with the firm’s retainer.
Who will personal Information be provided to?
Ebery Williams Limited will not provide a client’s personal information to anyone else save in the circumstances set out below or with the client’s consent.
What about outsourcing?
Ebery Williams Limited will pass personal information to other organisations from time to time, not for them to use for their own benefit, but rather to assist Ebery Williams Limited. This might include holding personal information to assist in the efficient administration and running of the firm’s business and to assist with customer relationship management, accounting and regulatory purposes and the retention and processing of information in electronic form, including its storage and maintenance.
What will the personal information be used for?
- To fulfil Ebery Williams’ contractual obligations towards a client:
- To progress the matter, or matters, in relation to which the firm is instructed.
- To record correctly the progress of the matter, or matters, in respect of which the firm is instructed.
- To regulate the quality of the work performed on behalf of the client.
- From time to time to provide personal information to those outside Ebery Williams Limited to assist the firm in providing the service to the client. For example, sometimes it is necessary to obtain an expert’s report in relation to the matter where Ebery Williams Limited is acting. Likewise, it may be necessary to retain the services of Counsel.
- To ensure vital interests. It is not likely that Ebery Williams Limited will use personal information for this purpose. It will only apply if the firm has information about a client’s health and a medical emergency arises. Such information may then be used to ensure the health and safety of a client.
- When it is the legal obligation of Ebery Williams Limited to use personal information. That may be to provide information to Regulators, auditors, accountants and, in very rare circumstances, to a public authority, including the Police.
- Where legitimate interests apply. It is possible that from time to time Ebery Williams Limited may wish to communicate with a client concerning matters which may be of interest to the client such as:
- To inform a client of any changes in the services provided by the firm.
- To provide updates in relation to the law which may be of interest or relevance to the client.
- To communicate about seminars or similar events which the firm may be providing.
- To communicate other developments at Ebery Williams Limited.
If a client does not wish to receive communications of this nature, please contact the solicitor responsible for the work or alternatively Miles Farren [miles.farren@eberywilliams.com].
- Ebery Williams Limited may also use personal information for research and development, performance analysis, training or otherwise with a view to improving the services that the firm offers. The firm will not process any personal information under this provision where there is any perceived detriment to a client in doing so.
- When a client consents to the use of personal information for a particular purpose. It should be noted that there are certain uses for which Ebery Williams Limited will not use personal information without the specific consent of the client. For example, Ebery Williams Limited will not provide any information about a client in publicity material without the client’s consent.
- Ebery Williams Limited may use personal information for management and statistical purposes to enable the efficient running of the firm.
What happens if a client does not want to provide personal information to Ebery Williams Limited?
Ebery Williams Limited seeks personal information for the purposes set out above, including the need for information concerning a client’s identity and contact details, as well as legally required information in order to act for the client. Ebery Williams Limited will also require all information necessary to enable the firm to advance the matter effectively on behalf of a client. Without the information listed above, Ebery Williams Limited will not be able to undertake work for a client or at least will not able to do so effectively. The objective at all times is to work with a client.
How long will Ebery Williams Limited keep personal information for?
Ebery Williams Limited will only retain personal information for so long as necessary to fulfil the purposes for which it was collected and set out in this Privacy Notice.
- In relation to those that inquire about services, which Ebery Williams Limited are able to provide, but where instructions are not then provided, Ebery Williams Limited will normally keep that information for no longer than 6 months after the last date of communication.
- In relation to a matter where Ebery Williams Limited is instructed, the firm will retain personal information following the conclusion of a matter. In most cases that will be a period of 7 years, but there are circumstances in which the period may be longer, in accordance with the recommendations of the Solicitors Regulation Authority and the Law Society.
- There are some circumstances in which a client has a right to request the erasure of personal information held. That is dealt with below.
A client’s rights in relation to personal information held by Ebery Williams Limited
- Access: a client has a right to make what is known as a Subject Access Request to obtain a copy of the personal information that Ebery Williams Limited holds concerning the client. If the client makes such a request, Ebery Williams Limited is required, in most circumstances, to provide a copy of the personal information without charge and within 30 days.
- Correction: It is important that a client keeps Ebery Williams Limited up to date with any changes to personal information provided. Subject to that, a client will have the right to ask Ebery Williams Limited to correct or complete any inaccurate or incomplete data held about a client. It is possible that evidence will be required of the new information provided.
- Erasure: A client is entitled to ask Ebery Williams Limited to delete or remove personal information held where there is no good reason for Ebery Williams Limited to continue to hold it. It may not always be possible to comply with a client’s request due to ongoing obligations in relation to the personal information. Where this is the case, the client will be informed and told of the reasons why it is not possible to comply with the request.
- Object to processing: A client may object to Ebery Williams Limited processing personal information. There are some circumstances in which it will not be possible to comply with the client’s request, for example, if it is necessary to process the information in connection with obligations that Ebery Williams Limited has and which have been explained to the client in this Privacy Notice. If a client objects to Ebery Williams Limited processing information which has been processed under the legitimate interest provision, Ebery Williams Limited will stop processing it.
- Restriction processing: A client may ask Ebery Williams Limited to suspend processing personal information where a client wants the data accuracy to be established. Additionally, where the use of the personal information is unlawful, but the client does not want it to be erased. The client needs the data to be held even though Ebery Williams Limited no longer require it as the client needs it to establish, exercise or defend legal claims or if a client has objected to the use of the data by Ebery Williams Limited, but Ebery Williams Limited needs time to determine whether it has overriding legitimate grounds to process it.
- Request for the transfer of information: Sometimes rights apply to request the transfer of personal information held to other organisations, such as another firm of solicitors. This right only applies to personal information that is processed by automated means and is held because it was necessary for the performance of the contract with the client or personal information which is processed on the basis of the client’s consent.
Keeping personal information safe
Ebery Williams Limited has put in place appropriate security measures to prevent personal information provided from being accidently lost, used or accessed in an unauthorised manner, altered or disclosed. Access to personal information is limited to those employees and parties who have a business to know the personal information. The personal information will only be processed upon instructions from Ebery Williams Limited. Procedures have been put in place to deal with any suspected breach of the requirements under the GDPR and/or the PECR. The client and/or the Regulator (referred to below) will be notified of any potentially significant breach.
Any questions?
If a client has any questions, they should be addressed in the first instance to the person responsible for dealing with the client’s matter. If that person cannot help, or it is inappropriate to contact him or her, any questions should be addressed to Miles Farren.
Ebery Williams Limited
April 2020