del Torre & partners

Information on processing of personal data and on confidentiality

PURSUANT TO ART. 13 OF LEGISLATIVE DECREE 196/2003 as amended and supplemented

In relation to art. 13 of the Consolidated Law on the protection of personal data and in relation to art. 8 of Ministerial Decree no. 141 dated 3 February 2006, regarding recording and identification requirements, this statement duly informs the data subject (or the person to whom the personal data relate) of the following:

Purpose of personal data processing:

Processing of personal data is carried out in order to protect the legal interests of the person to whom the personal data relate. Such data may also be used within the limits of the above purpose through their inclusion in judicial or extrajudicial proceedings.

Mandatory nature of data provision:

The provision of personal data regarding the particulars of the data subject is mandatory, since in legal contexts it is necessary to identify the party (sometimes on pain of nullity) through his or her personal details. So-called sensitive data, that is data relating to racial origin, health, political and religious belief etc., or judicial data are necessary if the dispute inevitably involves one of these data, or if their processing is necessary to fully protect the legal interests of the person to whom such data relate.

Consequences of refusal to respond:

In cases where the communication of one of the aforementioned data is expressly required by law, or if this becomes necessary in view of the defensive strategy, refusal to allow the processing of such data may mean that the action cannot be pursued or it may result in losing the case, or at any rate make it impossible to completely fulfil the given mandate.

Persons to whom personal data may be communicated:

In addition to the persons identified in the following points, persons to whom the data subject’s personal data may be disclosed are external collaborators of the firm (surveyors, professional accountants, assessors, expert witnesses, labour consultants, persons in charge of defence investigations, credit institutions, insurance companies, other legal firms and collaborators in general) used by the organisation to carry out tasks which require specific technical competencies, for the purposes stated in point 1.

Rights of the data subject:

Due to the processing of personal data by the undersigned professional association, art. 7 expressly recognises the entitlement to exercise the following rights:

1.       The data subject has the right to obtain confirmation as to whether or not personal data relating to him/her exist, even if not yet recorded, and communication of such data in intelligible form.

2.       The data subject has the right to be informed of: a) the source of the personal data; b) the purposes and methods of processing; c) the logic applied in the case of processing with the aid of electronic means; d) information identifying the data controller, data supervisors and representative designated pursuant to article 5, paragraph 2; e) the persons or categories of persons to whom the personal data can be transferred or who can gain knowledge of them as designated representatives in the State, processing supervisors or processors.

3.       The data subject has the right to obtain: a) updating, rectification or, where pertinent, the integration of data; b) cancellation, transformation into anonymous form or blocking of data processed in violation of the law, including those that need not be retained for the purposes for which the data were collected or subsequently processed; c) certification that the parties to which the data have been transferred or disseminated have been notified of the operations specified in letters a) and b), also regarding their content, except for cases where such notification proves impossible or requires the use of means clearly disproportionate to the right being protected.

4.       The data subject has the right to fully or partially object: a) for legitimate reasons, to the processing of personal data relating to him/her, even if pertinent to the purpose of collection; b) to the processing of personal data relating to him/her for the purpose of sending advertising or direct sales materials or to perform market surveys.

The aforementioned rights can be exercised, within the limits and under the terms envisaged by articles 8, 9 and 10, with an informal request to the data controller, also orally or by registered letter, fax, email, sent personally or through another party. The request will be duly acknowledged. The request can be renewed at an interval of no less than ninety days, unless there are justified reasons. Exercise of the aforementioned rights, when not relating to data of an objective nature, is permitted on condition that it does not concern rectification of or additions to personal evaluation data in connection with judgements, opinions, or other types of subjective assessment, or else the specification of policies to be implemented or decision-making activities by the data controller.

Identification of persons carrying out the processing.

In order to guarantee the effective implementation of personal data protection and correct processing by authorised persons, the following categories have been identified, with specific data processing rights:

CONTROLLER of personal data processing (i.e. the person or association entitled to process the data and to decide the purpose of such processing): “del Torre & Partners Studio Legale Associato”, in the persons of Avv. Carlo del Torre and Avv. RA Ulrike Christine Walter.

SUPERVISORS of personal data processing (i.e. natural or legal persons entrusted with processing of the personal data by the controller): Avv. Carlo del Torre and Avv. RA Ulrike Christine Walter, and Emanuela Bassini and Rossella Garzitto.

Data collection.

This statement, which relates to data not collected from the data subject, was issued and signed at the time of acquisition and recording of such data.

The data subject’s personal data are collected in paper form (a true dossier, i.e. folder containing data and documents relating to the dispute) or in electronic form, also through inclusion in special programs.

Access to the data is only permitted for authorised persons and confidentiality is guaranteed through the security measures implemented in accordance with the security policy document which the Law Firm provides and updates annually.

The data are collected at the premises of the data processing controller, that is at the premises in Gorizia, Corso Verdi n. 90, at the premises in Udine, Viale Venezia n. 2, and at the address in Vienna (A), Johannesgasse, 2.

Communications.

All communications relating to the methods of processing such as, without any claim to completeness, change in holders or supervisors, change in processing locations and anything else, can also be made by means of posting in the firm’s premises or through the website www.euroius.it