Elmzell law firm is the data controller of personal data processed in connection with client engagements, marketing of our business and in contact with suppliers. In general, we are engaged by legal entities. The data protection rules do not apply for legal entities. However, as a part of such engagement we may get personal data about clients or other persons (for example contact person, prospective clients’ workers, opponent, their legal advisors or similar). The information below describes how we process your personal data.
Processing of personal data
Clients
We process personal data regarding clients and contact persons when we receive inquiries concerning client engagements and when we perform and administer such engagements. You are not obliged to disclose personal data to us although if such does not occur we may be prevented from accepting an engagement since we cannot perform the required conflict of interest and money laundering checks.
We may also process personal data in conjunction with registration for our newsletters or seminars.
Counterparties
We process personal data regarding employees or contractors at legal entities and counterparties which are individuals. The personal data we process includes name, title and tasks related to the employment. So called special categories of personal data may occur.
Other individuals in relation to our engagements
We process personal data about other individuals who are of relevance within the framework of our assignments. These individuals may be legal representatives of the counterparty, arbitrators, judges, witnesses, experts, contract parties or similar.
Suppliers
We process personal data in connection with the suppliers’ agreement we have. The personal data includes for example, name, phone number and e-mail to contact persons in connection with the business relationship between us and the supplier.
Purposes and legal basis for processing of personaldata
Clients
The personal data is processed by us in order to be able to:
- perform conflict of interest and (when applicable) money laundering checks,
- to perform and administer engagements,
- to safeguard the client’s interests; and
- for accounting and invoicing purposes.
The personal data is processed in order to fulfill the legal obligations we have to perform conflict of interest and money laundry checks. The personal data is also processed to fulfill the agreement with the client, or on the basis of a balance of interest and our interest to maintain our business and administer the engagement.
The personal data is also processed in order to maintain business and method development, statistics, marketing and risk management. We process the personal data by virtue of our legitimate interest in being able to maintain business contacts and develop and market our business.
Counterparties and other persons
The personal data is processed by us in order to be able to:
- perform conflict of interest check,
- to perform and administer engagements, and
- to safeguard our client’s interests.
The personal data is processed in order to fulfill the legal obligations we have to perform conflict of interest checks. The personal data is also processed to fulfill the agreement with the client, or on the basis of a balance of interest and our interest to maintain our business and administer the engagement.
Suppliers
Personaldata as an employee or contractor of a supplier is processed in the purposes of invoice- and payment and administration. This personal data is processed on the basis of a balance of interests. Our legitimate interest is to be able to administrate the contract and to fulfill our obligations towards the supplier.
If applicable, we process personal data according to the Accounting Act. The processing is based on a legal obligation.
If personal data is provided to us by a sole trader we process this personal dataas necessary to fulfill our agreement or to take measures before entering into an agreement. We also process the personal data to administrate the agreement and to make orders. You are not obliged to disclose personal data to us although if such does not occur we may be prevented from entering into an agreement.
Recipients of personal data
We will not disclose personal data to any third parties, with the exception of:
- following a separate agreement with you;
- in the event it is necessary to protect our client’s rights within the scope of a certain engagement;
- where it is necessary in order for us to perform a statutory obligation or to comply with decisions of any public authority or decision of a court; or
- in the event we engage third party suppliers which provide IT or administrative services on our behalf.
The personal data may be disclosed to courts, public authorities, counterparties and counterparty’s counsel where such is necessary in order to perform an engagement.
Storage of personal data
Personal data will be saved as long as it is necessary for the purposes for which it is being processed.
According to the Swedish Bar Association’s framework, we are required to process information relating to an assignment for a period of ten years after the assignment is closed or for a longer period if necessary.
Personal data that is being processed with the aim to develop, analyse and marketing our business will be retained fifteen months from the last contact with you. You always have the option to, at any time, unsubscribe from receiving mailings from us. If you choose to unsubscribe, we will immediately terminate our processing of your personal data for marketing purposes.
Any personal data relating to payment where processing is required according to theSwedish Accounting Act is processed for seven years.
Inactive agreements containing your personal data is stored for ten years due to the period of limitation according to the Swedish statute of limitation.
Your rights
Subject to certain statutory exceptions, you are entitled to request information concerning your personal data that we process and how this is used. You can also request that personal data concerning you is rectified or request that your personal data is erased or that the processing of your personal data is limited.
You are also entitled to object to the processing of your personal data that is being process on the basis of a balance of interests.
Under certain preconditions, you can also request to have your personal data transferred in electronic form to a third party.
If you are dissatisfied with our processing, you can contact a Data Protection Authority, which in Sweden is the Swedish Data Inspection Board, (www.datainspektionen.se). You may also contact the Data Protection Authority where you live or work.
Transfer of personal data
As a principle rule, we, our suppliers and our partners only process your personaldata within the EU/EEA. In cases where personal data is transferred outside the EU/EEA, such processing is either based on a decision from the Commission establishing that the country in question ensures an adequate level of protection or appropriate safeguarding measures that ensure that your rights are protected.
Updates of this policy
We may, from time to time, update this policy for example when required to comply with changes in applicable law or regulatory requirements.
We encourage you to review this privacy policy regularly to be informed of how we use your personal information.
Contact us through advokat@elmzell.se or through our address below if you have any question regarding the processing of your personal data.
Elmzell Advokatbyrå AB
559160-5778
Rehnsgatan 11
113 57 Stockholm
08-21 16 04
www.elmzell.se
General terms and conditions Elmzell Advokatbyrå
These general terms and conditions shall apply when Elmzell Advokatbyrå AB (hereinafter "Elmzell" or "we") enters into an agreement where Elmzell shall provide legal services. Deviations from these terms can only be made with Elmzell's written consent. We reserve the right to change these general terms and conditions and the change applies automatically as from the day we publish the new terms on our website, www.elmzell.se.
In addition to these conditions, the Code of Conduct of the Swedish Bar Association also applies.
Contractual relationship
We always strive to have a personal relationship and an understanding of your business and we will appoint a lawyer as responsible for you as a client. The responsible lawyer has the overall responsibility for our services to you. The contractual relationship is entered into with Elmzell and not with any natural person associated with Elmzell. This applies even if it is your expressed or implied intention that the work is to be performed by one or more specific lawyers. Everybody working at Elmzell are subject to these terms and conditions and these persons shall under no circumstances have any personal liability towards you unless otherwise provided by mandatory legislation.
Our advice
Our advice is provided taking into account the conditions in the individual assignment, the facts presented to us and the instructions you give us. Thus, you cannot rely on our advice in other assignments or use our advice for a purpose other than that for which the advice was provided.
Our services only include advice regarding employment law and Swedish law. Based on our general experience of other jurisdictions, we may express views on legal matters in other jurisdictions. However, we do this only to share our experiences. Consequently, our statements regarding other jurisdictions do not constitute advice as such. Therefore, we are not responsible for such statements. We are happy to assist you in obtaining the necessary advice from our colleagues in other relevant jurisdictions, primarily through the alliance we are a member of, Ius Laboris, https://iuslaboris.com/ or within other fields of law in Sweden, e.g. tax, pension and company law. Such use is made on your behalf and Elmzell is not responsible for recommendations or for the advice or services provided by our colleagues. This also includes the fees and / or costs they charge. This applies regardless of whether our colleagues report and/or invoice through us at Elmzell or directly to you.
Confidentiality
We protect the information you provide to us in an appropriate manner and in accordance with the Code of Conduct of the Swedish Bar Association. We will not disclose any circumstances to a third party that are not public unless it is done as part of the performance of the assignment, or with your consent. In some cases, we may be obliged to provide information to third parties in accordance with law or the Code of Conduct of the Swedish Bar Association.
Fees and expenses
Elmzell's fees are charged in accordance with the Code of Conduct of the Swedish Bar Association.
This means that Elmzell, unless otherwise agreed, have the right to determine the fees considering several factors, such as time spent, degree of difficulty, required expertise and experience, resource consumption, the values the assignment concerns, Elmzell's risk exposure, urgency and achieved results. Elmzell charges compensation for costs, such as courier costs, travel and subsistence. This means that Elmzell, unless otherwise agreed, have the right to determine the fees considering several factors, such as time spent, degree of difficulty, required expertise and experience, resource consumption, the values the assignment concerns, Elmzell's risk exposure, urgency and achieved results. Elmzell charges compensation for costs, such as courier costs, travel and subsistence.
Invoicing
Our invoicing is normally monthly. If specifically agreed, or in cases where one or more previous invoices have not been paid by the due date, Elmzell has the right to request an advance for fees and costs with a reasonable amount. The advance payment will then be used to settle future invoices. Instead of invoicing work done during the current time period, we can issue a preliminary invoice "on account" for our fee. In such cases, the final invoice for the assignment shall state the total amount of our fee from which the fee paid "on account" is deducted. Our payment terms are 20 days. We will charge default interest on late payments as from the due date to the date of payment in accordance with the applicable interest rate according to the Interest Act. If the assignment has involved representing you in court proceedings or arbitration, the losing party may have been ordered to pay all or part of the winning party's costs. However, it is rare that all the winning party's legal costs are reimbursable in full. Regardless of whether you are entitled to compensation for your costs from the other party or not, you must always pay us for the services we performed and for the costs we incurred in connection with our representation in a court proceedings or arbitration.
Limitation of liability
Elmzell is only liable for loss or damage caused by us through error or negligence in our advice. Our liability is always limited to the maximum amount paid out of our liability insurance in such a situation, as a maximum of SEK 10 million. We are not responsible for the cause of loss or damage or amounts that are not covered by our liability insurance. We accept e.g. no liability to pay penalties or liquidated damages.
Our liability shall be reduced by amounts that you can obtain from insurance that you have taken out or that you are otherwise covered by, or in accordance with an agreement to that effect.
Our colleagues from other law firms are considered independent of us (regardless of whether we have hired them or if you have contracted them directly). We are therefore not responsible for the advice of others, either for the choice of them, because we have recommended them, or for the advice and other services they provide. This applies regardless of whether they report to us or to you.
We are not responsible for loss or damage that arises as a result of you using our work results or advice in any other context or for any other purpose than for which it was given.
Because we do not provide tax advice, we are not liable for loss or damage caused to you by, as a consequence of the services we have provided, being taxed or at risk of being taxed or losing deductions.
Complaints
If for any reason you are dissatisfied with Elmzell's services and wish to make a complaint, we ask you to contact the lawyer responsible for the assignment as soon as possible. If you are to make a claim against us, it must be done in writing and contain an account of the alleged error or omission and the damage you have suffered as a result. In order to be enforceable, the claim must be made within a reasonable time after the time you became aware (or, after reasonable investigation, could have become aware) of the damage and that the damage may have been caused by our alleged fault or negligence.
A claim may under no circumstances be made later than twelve months after the latter of (i) the date of Elmzell's last invoice in respect of the assignment to which the claim relates and (ii) the date on which the circumstances on which the claim was based became known or could have become known to you if you have carried out reasonable research.
Copyright
Elmzell has copyright and other intellectual property rights to the work results created in a case. However, you have the right to use the result for the purpose or purposes for which it was produced in the case.
Communication
We communicate with our clients and others who are involved in an assignment in several ways, including via email. Email is an effective way of communicating, but involves risks from a security, communication and confidentiality point of view. We assume no responsibility for these risks. You should therefore follow up important emails by telephone.
Conflicts of interest
We are generally prevented from undertaking an assignment if there is a conflict of interest between you and any of our clients in general. Even if we check for any conflicts of interest before we undertake an assignment, it may happen that we discover that there is a conflict of interest due to a later event. Should this occur, we must ensure, observing the Code of Conduct of the Swedish Bar Association.
Actions
When an assignment has been completed or otherwise terminated, we will archive (at our office, or with a third party and in paper or electronic form) essentially all documents and work results created within the assignment. The documents and work results will be archived during the period that in our opinion is required by the nature of the assignment, but never for a shorter period than that required by law or the Code of Conduct of the Swedish Bar Association.
Termination of the assignment
You can terminate the cooperation with us at any time by a request in writing which states that Elmzell shall be withdrawn from the assignment. However, you must pay for the services we have performed and for the costs we incurred until the assignment ended.
Legislation and the Code of Conduct of the Swedish Bar Association state in what circumstances we are entitled or obliged to refuse or resign from an assignment. This may be the case, for example, in the event of unsatisfactory client identification, suspicions of money laundering or terrorist financing, conflicts of interest, non-payment, lack of instructions or if trust between us no longer exists. If we resign from the assignment, however, you must pay for the services we performed and for the costs we incurred until the resignation. In any case, the assignment ends when it is completed.
Applicable law and dispute
These terms and all issues surrounding them and / or for our assignment shall be interpreted in accordance with Swedish law. If you are a consumer, a dispute in connection with the assignment shall be tried by a Swedish district court. In these cases, you also have the opportunity to contact the Consumer Disputes Board,
https://www.advokatsamfundet.se/Konsumenttvistnamnden/.
Otherwise, a dispute in connection with the assignment shall be finally settled by arbitration in accordance with the Arbitration Rules for the Stockholm Chamber of Commerce's Arbitration Institute. The seat of the arbitration shall be Stockholm, the language shall be Swedish, and all information that emerges during the arbitration as well as such decisions or arbitration awards issued in it, shall be covered by confidentiality.
However, Elmzell has the right to bring an action regarding overdue claims in courts that have jurisdiction over you or any of your assets.
Contact us through advokat@elmzell.se or address below if you have any question regarding the general terms and conditions.
Elmzell law firm
559160-5778
Rehnsgatan 11
113 57 Stockholm
08-21 16 04
www.elmzell.se
