General data protection regulation
A. General aspects
I. General Information
Gane Andrei Mihnea – Law Office, with registered office in No. 4 Aviației, Bl. 5D, Sc. 2, Et. 4, Ap. 26, District 1, Bucharest, Romania, with working point in No. 58 Calea Vitan, Ap. 35, District 3, Bucharest, Romania, identified with fiscal/VAT code RO40156115, is a form of legal practice organised in accordance with and operating under Law No 51/1995 regulating the organisation and practice of the lawyer profession.
Gane Andrei Mihnea – Law Office is the controller of all personal data provided when agreeing to provide legal services or when providing prior legal advice, as described below.
The term “personal data” means any information that directly or indirectly identifies or can identify a person. Personal data includes, but is not limited to, information such as: first name, last name, email address, home address, mobile phone, user name, location data, etc. It may also include unique numeric identifiers such as the IP address of your device as well as “cookies”.
The professional activity of a lawyer necessarily involves the operation of personal data, the most common data processed being the names of the persons requesting our services, the data in the ID card such as personal number code, series, home number and address, e-mail address, mobile phone number and bank account.
We are obliged to protect and respect the confidentiality of your personal data, in particular the data you provide to us or the data we collect in connection with the performance of legal work, and these data will be stored for as long as there is a reason for keeping them.
II. When do we need your personal data?
The privacy policy herein drafted applies in the following situations:
- When you visit our website in desktop or mobile version;
- When you request information or legal advice, i.e. when we provide you with the information or advice requested;
- When you fill in any form available on the website, including but not limited to contact or advice forms;
- When you contact the practice form or its lawyer members via email addresses within the firm’s domain;
- When you apply for opportunities for collaboration, employment, professional practice;
- When we conduct an analytical search on our website or attached database.
Your personal data will be collected if there is a reason to do so and will be stored for as long as such a reason exists. We will collect and store personal data in order to provide legal services, such as advice necessary for the mandate conferred or prior to the conclusion of a legal assistance contract, legal assistance and representation and any other activity of a professional nature.
We will collect and store personal data to communicate with you and to improve our services.
Personal data is obtained either by you providing it to us or by us collecting it automatically, by operations implicit in the functioning of our website or by means of cookies.
III. Information you provide us with
The concept of personal data is broad and constantly evolving.
The most common personal data that are subject to our processing operations, by the nature of the work we do, are contact information such as name, job title, postal address, including home address (if you provide us with this information), business premises, landline and mobile phone number, fax number and e-mail address.
When you request our legal services, the conclusion of the contract for legal assistance and representation or the drafting of requests or legal documents requires the provision of additional personal data, the most common of which are identification data from your identity card/identity card (if applicable, even in photographic format), tax or commercial identification information, bank account.
Where your personal data is provided to us for recruitment activities, it will only be used to contact you about recruitment and other opportunities you may have requested.
We automatically collect computer data that is derived from your web browsing, such as data related to the browser application you use to access our site, IP address, unique device identifiers, preferred language, the web page that referred you to our site, date and time of access, operating system and mobile network information.
Similar to most web domain holders, we can determine the approximate location of the device you are using based on your IP address. We may collect and use this information to compile our own statistics on the traffic to our site in order to calculate and evaluate the number of people accessing it and the geographic region from which access is made.
Our site uses “cookies”; they help us monitor site traffic and the preferences of those who access our domain. Please see our cookie policy for more information.
IV. How and why do we use the information?
We use the information described above:
1. First, to provide the services specific to the activity of lawyer, as regulated in Article 3 of Law No 51/1995 on the organization and practice of the legal profession, consisting of:
(a) legal consultations and requests;
b) legal assistance and representation before the courts, criminal prosecution bodies, authorities with jurisdictional powers, notaries public and bailiffs, public administration bodies and institutions, as well as other legal persons, under the conditions of the law;
c) drafting legal documents, certifying the identity of the parties, the content and the date of the documents submitted for authentication;
d) assisting and representing interested natural or legal persons before other public authorities with the possibility of certifying the identity of the parties, the content and the date of the acts concluded;
e) the defence and representation by specific legal means of the rights and legitimate interests of natural and legal persons in their relations with public authorities, institutions and any Romanian or foreign person
f) mediation activities;
g) fiduciary activities carried out under the conditions of the Civil Code;
h) temporary establishment of the registered office for companies at the professional seat of the lawyer and registration, in the name and on behalf of the client, of the interest, shares or shares of the companies thus registered;
i) the activities referred to in points g) and h) may be carried out under a new legal assistance contract;
j) special guardianship activities in accordance with the law and the Statute of the legal profession;
k) any means and ways of exercising the right of defence under the law.
2. To provide you with access to our services – for example, information automatically collected by our systems (such as information that browser applications, mobile devices and servers typically make available, such as browser type, IP address, unique device identifiers, preferred language, website that redirected you to our page, date and time of access, operating system and mobile network information, information that is necessary to establish the connection with our page, data necessary to improve the user experience, etc.;
3. To monitor and prevent any problems related to our services, to protect the security of our services, to detect and prevent fraudulent transactions and other illegal activities, to fight spam, and to protect the rights of the form of practice, including but not limited to intellectual property rights and related rights, proprietary and non-proprietary rights;
4. To communicate with you;
5. To continue to develop our website;
6. To monitor traffic and analyse market trends;
7. To monitor user interaction with our services;
V. Legal grounds for collecting and using data
Any processing of your personal data is carried out in accordance with the relevant European Union legislation. The main basis to which we refer is Regulation (EU) 2016/679 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC.
The use of your personal data is necessary for the provision of our professional services of which you are the beneficiary, for the fulfilment of other agreements between us and you or in other situations where the use of your personal data appears necessary.
The use of your data is also necessary to comply with obligations imposed by law.
The use of your data is necessary to protect your legal interests or those of another person.
We show that our way of exercising our profession justifies a legitimate interest in the use of your data, necessary, for example, to develop and improve our services, to protect our services, to communicate with you.
Your consent may form the basis for the processing of personal data – for example, in the case of expressing consent before allowing certain cookies to access your device.
VI. Sharing of personal data
We may share your personal data with third parties only if:
- You have given your consent to such an operation (if applicable) or if your employer or the organisation for which you work has obtained your consent for us to do so (if applicable);
- We have a legal or professional obligation to do so;
- It is necessary for the purpose of legal proceedings carried out or in order to exercise or defend legal rights.
Personal data provided may be transferred outside Romania, but only to states within the European Union.
VII. Duration of storage of personal data
Generally, we delete your information when we no longer need it for the purposes for which it was collected and used – which are described in the section above and we are not required by law to continue to retain it.
VIII. Security
Partners, staff and service providers who have access to confidential information (including personal data) are subject to confidentiality obligations.
We use storage and security means to keep your data secure in electronic and physical format.
However, we point out that the transmission of information over the Internet cannot, at the level of current technical development, be completely secure so as to be able to prevent any possible cyber attack. We take appropriate and proportionate measures to manage the risks presented and endeavour to contract only with service providers who have the technical capacity to prevent cyber interference; we cannot, however, guarantee the security of information transmitted to our online services.
IX. Your rights
In accordance with personal data legislation, we point out that you have the following rights at any time:
- the right to request access to your personal information and to request certain information in relation to its processing;
- the right to request rectification of your personal information;
- the right to request deletion of your personal information;
- the right to request the restriction of the processing of your personal data; and
- the right to object to the processing of your personal data.
- the right to receive a copy of your personal data with certain related information.
We cannot provide you with information that is subject to professional secrecy or information the disclosure of which would reveal personal data.
In the limited circumstances in which personal data will be processed on the basis of your consent, you have the right to withdraw your consent. Once our form of practice has received notification that you have withdrawn your consent to the processing of personal data, we will no longer process your information for the purpose or purposes originally agreed unless we have another lawful basis for doing so.
If you wish to exercise any of these rights, please contact us via the Contact page, in writing by e-mail at office@mglaw.ro or by sending a letter with acknowledgement of receipt to Bucharest, str. Aviației nr. 4, bl. 5D, sc. 2, et. 4, ap. 26, sector 1, 014236.
B. Information notice on the processing of personal data obtained following the signing of the legal assistance contract
Gane Andrei Mihnea – Law Office, established by Decision of the Bucharest Bar Association no. 414 of 2021, with registered office in No. 4 Aviației, Bl. 5D, Sc. 2, Et. 4, Ap. 26, District 1, Bucharest, Romania, with fiscal code no. RO40156115 (VAT code RO40156115), processes personal data. In this regard, we inform you of the following:
As of 25 May 2018, the General Data Protection Regulation (hereinafter referred to as the Regulation) No (EU) 2016/679 entered into force with reference to the protection of individuals with regard to the collection, processing and movement of personal data. We comply with the legal provisions regarding the protection of personal data and implement technical and organisational measures to protect all operations directly or indirectly concerning personal data, which prevent unauthorised or unlawful processing and accidental or unlawful loss or destruction.
In accordance with the provisions of Law No 51/1995 on the organisation and practice of the legal profession, which is supplemented by the provisions of the Statute of the Legal Profession, the relationship between the lawyer and the person using his services is carried out within the limits of a Legal Assistance Contract. This information note covers both the contractual relationship arising from your decision to enter into a legal assistance and representation contract pursuant to Law no. 51/1995, as well as personal data obtained in non-contractual proceedings (for example, pre-contractual evaluation of the case at the request of the persons contacting us, in order to determine the scope of work and the fee).
Personal data we process
In order to carry out the contractual relationship, we collect the following personal data from you:
1. Identifying information such as name, surname, academic title, place of employment, established relationship with another person (e.g. salary or similar relationship);
2. Copy of your identity card;
3. Contact details, such as home/residence/head office address, place of work (if required for legal proceedings), e-mail address, telephone number;
4. Bank account or financial/tax information necessary for the legal action;
5. Information that we collect through the Know Your Customer process, fulfilling our anti-money laundering obligations;
6. Data and information monitoring website traffic and company email address;
7. Any other data you provide to us in connection with the performance of the mandate you have given us.
How we collect personal data
We collect personal data that you voluntarily provide to us or that is publicly available from:
1. Client-lawyer interaction during the contractual relationship;
2. Requests prior to the conclusion of a legal assistance contract, in order to carry out a prior assessment of the case, costs and fees requested, to carry out other legal checks requested by you, and to carry out investigations required by anti-money laundering legislation;
3. Requests subsequent to the termination of our mandate, in relation to the subject matter of the legal assistance contract, in connection with the steps taken on the basis of the contract, such as, but not limited to, the transmission of documents entrusted to the client;
4. The transmission by you of a request for advice or for legal services, by e-mail, telephone, post, social media application such as Whatsapp/FaceTime/Messenger/etc.;
5. Interaction between you and us in connection with a meeting at our office, business meeting, gathering or other similar event, including through, but not limited to, exchange of business cards.
Legal basis
We will process all the personal data you provide us with, as well as any other data necessary for the exercise of our profession and to provide legal services for your benefit, in your name and on your behalf, in accordance with the mandate you have given us and with the legislation applicable to the legal profession (Law no. 51/1995 on the organisation and exercise of the legal profession and the Statute of the Legal Profession, approved by the National Union of Romanian Bar Associations). We apply the same policy also with regard to personal data collected in non-contractual phases, in accordance with the provisions of this note.
If you are the legal or contractual representative or designated contact person of a legal person or entity without legal personality, organised or recognised under Romanian law, we will process your personal data on the basis of our legitimate interest in order to provide legal services for the benefit of the entity you represent.
Period of retention of personal data
We will delete your personal data when it is no longer necessary for the purposes for which it was collected or when your consent is withdrawn or changed, provided that we are not required by law to store it.
Relations with third parties
As a rule, we do not transfer or disclose your personal data to other persons. If such communication becomes necessary, we will inform you and obtain your prior consent. If such disclosure is required by law, we will inform you in advance.
Your consent to the disclosure of personal data to third parties is presumed to be given in connection with the legal steps you request from us and which you agree to in advance.
Subject to the full application of professional secrecy, persons who enter into contractual or working relationships with our form of professional practice and who, by the nature of their activity, may come into contact with personal data will be duly notified and will, where appropriate, conclude agreements for the processing of personal data to ensure that your rights are respected.
Your rights in relation to the processing of personal data
You have the following rights in relation to the processing of your personal data:
1. the right of access to your personal information;
2. the right to restrict the processing of your personal data;
3. the right to have your personal information deleted;
4. the right to obtain rectification of your personal information;
5. the right to request that the processing of your personal data be stopped or to object to the processing of all or part of your personal data;
The exercise of the above rights is limited by the protection afforded to third parties under solicitor-client privilege if we disclose personal data about another person to you.
You may contact us at any time regarding the processing of your personal data by:
- Telephone – 0728813846;
- E-mail – office@mglaw.ro;
- Working point – Calea Vitan nr. 58, Et. 4, Ap. 35, Sector 3, Bucharest, Romania.