Additional information on how Daniel & Baker will use your Personal Data
The duration for which Daniel & Baker solicitors will process “The Personal Data” will be from the date that you provide us with “The Personal Data” for the instruction until a date determined in accordance with clause 18 of these instructions.
The nature and the purpose of “The Personal Data” being processed by Daniel & Baker solicitors are such as to enable us to provide you with legal services. In order to do this “The Personal Data” will be uploaded on to our Instruction Management System, from where it shall be securely downloaded by the file handler. “The Personal Data” may be viewed by our employees in order to validate and review the service provided.
It is anticipated that “The Personal Data” contained within your instructions to provide legal services may include the following categories of Personal Data: names, addresses, dates of birth, national insurance numbers, financial records, personal identity documents, mortgage/loan account numbers, bank sort codes/account numbers, land registry details, vehicle registration document, medical records and contact details such as telephone numbers and e-mail addresses.
Subject to 5 (d) (ii) of this Retainer, You provide Daniel & Baker solicitors, by way of this Retainer/instructions, with a general written authorisation to engage Counsel, chambers , third party, agents acting on our behalf relevant to your instructions, confidential waste collection agents as Data Processors.
Daniel & Baker solicitors shall:
(a) Process “The Personal Data” only on your documented instructions and were relevant to further your objective, including with regard to transfers of Personal Data to a third party;
(b) Ensure that persons authorised to process “The Personal Data” have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality;
(c) take all measures required by Article 32 of the GDPR;
(d) i. not engage with other processors outside of the general written authorisation in clause 3 without your specific written authorisation and shall notify you of any intended changes concerning the addition or replacement of these other processors;
ii. ensure that, where we engage Counsel, chambers, confidential waste collection agent or other processor to carry out processing activities on your behalf, the same data protection obligations as set out in this Retainer, shall be imposed on that Advocate or other processor by way of a contract or other legal act, which will provide sufficient guarantees to implement appropriate technical and organisational measures in such a manner that the processing will meet the requirements of the GDPR. If that Advocate, confidential waste collection agent or other processor fails to fulfil their data protection obligations, Daniel & Baker solicitors shall remain fully liable within reason to you for the performance of their obligations. (e) assist you, taking in to account the nature of the processing, by appropriate technical and organisational measures, insofar as this is possible, for the fulfilment of your obligations to respond to requests for exercising the Data Subject’s rights under the Data Protection Legislation;
(f) assist you in ensuring compliance with your obligations pursuant to Articles 32 to 36 of the GDPR taking into account the nature of processing and the information available to us.
(g) after completion, delete or return all “The Personal Data” to you after the end of the provision of services relating to processing, and delete existing copies unless by law our regulatory provision requires storage of “The Personal Data” for a certain period of time;
(h) make available to you all information necessary to demonstrate compliance with the obligations laid down in Article 28 of the GDPR and allow for and contribute to audits, including inspections, conducted by you or another auditor mandated by you (within reason).
Where, in our opinion, you provide us with an instruction that breaches the Data Protection Legislation, immediately inform you.
You consent to Daniel & Baker solicitors appointing those listed at clause 3 to process “The Personal Data” on your behalf provided that:a)Daniel & Baker solicitors permits them access to “The Personal Data” only to the extent necessary to provide the services under this Retainer and not for any other purpose;
b)the conditions set out in Article 28(4) of the GDPR are met; and
c)Daniel & Baker solicitors agrees to indemnify you for any of their acts or omissions.
The rights and obligations contained in this clause 1 shall continue notwithstanding the expiry or termination of the Retainer.
Daniel & Baker solicitors will only hold and use information about you, to allow us to provide the legal services as set out in this Retainer. Daniel & Baker solicitors may disclose this information to our employees or third parties e.g. (Banks, Mortgage/loan providers, HM Revenue & Customs, HM Land Registry, Estate Agents, Solicitors, Chambers/Barristers medical expert, engineer) who reasonably require it to allow us to provide the legal services set out in this Retainer.
Daniel & Baker solicitors shall maintain a record of processing activities, in compliance with Article 30 of the GDPR.
In the event a breach of the Data Protection Legislation in respect of “The Personal Data” you have supplied, Daniel & Baker solicitors shall:
a) immediately notify you and provide such further information and assistance to You as may be reasonably requested by You in connection with the breach;
b) as soon as practicable after becoming aware of the breach take all reasonable steps to investigate, correct the cause and remedy the breach;
c) promptly notify you of any communication received by Daniel & Baker solicitors from the Information Commissioner’s Office, associated government body and Data Subject in respect of the Personal Data supplied by You under the Data Protection Legislation pursuant to this Agreement; and
d) provide full cooperation and assistance to you with regard to any communication received by Daniel & Baker solicitors pursuant to (c) above.
Daniel & Baker solicitors will communicate with you by such method as you may request. The following methods of disseminating information shall be deemed to have an appropriate level of security for the purposes of compliance with the obligations contained herein:a) Special or Recorded Delivery or First Class Post through the Royal Mail;
b) E-mail to an e-mail address provided by you;
c) Information accessed by way of Daniel & Baker website or Daniel & Baker solicitors Online;
d) Document Exchange;
g) SMS text messages to a telephone number provided by you;
h) Hand delivery or collection from Daniel & Baker solicitors offices; and
i) Courier service through a reputable courier company.
Any additional hard copy papers received from you will be confidentially destroyed 5 business days after conclusion of the retainer, except that Daniel & Baker solicitors shall retain one copy for period required by law or under regulatory obligation.
Daniel & Baker solicitors, after the completion of the legal service for you, will retain your file of papers or any copies of any documents or material in relation to the retainer for 6 years, where this is necessary for the purposes of prudent record keeping or regulatory and statutory requirements.
Thereafter, Daniel & Baker solicitors reserves the right to destroy your file of papers.
Notwithstanding clause 14 Daniel & Baker solicitors will retain an electronic copy of any instruction letter for as long as necessary to meet our statutory and regulatory obligations. Thereafter Daniel & Baker solicitors reserves the right to destroy your file of papers.
The above provisions are subject to any obligation imposed on Daniel & Baker solicitors or you by virtue of the rules on Disclosure, as contained in Civil Procedure Rules Part 31, or any similar provision or any relevant law or any order of any court of competent jurisdiction.
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