Privacy declaration

Your privacy is important to Simon Geens Advocaat.

All personal data that we receive from you as a client or a client's contact person will be processed in accordance with applicable data protection regulations, in particular the General Data Protection Regulation 2016/679 of 27 April 2016 ("GDPR"), as well as this Privacy Statement.
This privacy statement provides you with more information about what personal data we process, why we process it, how we obtain it, how long we keep it and with whom we share it. In addition, you will receive more information regarding the exercise of your rights.

1 / IDENTITY AND CONTACT DETAILS
2 / PURPOSES
3 / SECURITY
4 / RIGHTS
5 / UPDATES


1 / IDENTITY AND CONTACT DETAILS

The controller of your personal data is the following legal entity:

LCAS BV, with trade name SIMON GEENS ADVOCAAT, with registered office at Stationsstraat 101, 2570 Duffel and company number 1032.528.970.

If you have any questions about the processing of your personal data, you can always contact us:
- by post: to the above address, stating "Privacy"
- via e-mail: info@simongeens.be
- by phone: 0479 80 89 07

2 / PURPOSES

We process your personal data for one or more of the following purposes:
- Legal services to clients
- Compliance with money laundering prevention and anti-fraud legislation
- Invoicing and accounting
- Dispute management

Below you can find out for each purpose which personal data we process, why we process it, how we obtain it, how long we keep it and with whom we share it.

2.1 / Legal services to clients

In order to provide legal services to our clients, we may process your personal identification data (name, (company) address, e-mail address, telephone number), identification data issued by the government (identity card number, passport number, driver's license number, pension number, license plate, company number, VAT number), personal characteristics (gender, date of birth, place of birth, language, nationality), family data (possibly also data with relating to minors), financial data (bank account number, method of payment) and any other information provided to us for the purpose of handling your case (including potentially special categories of personal data such as personal data revealing your racial or ethnic origin, political opinions, religious or philosophical beliefs or trade union membership, genetic data, biometric data, data concerning your health or data about your sex life or sexual orientation) or personal data relating to criminal convictions and offences).

The processing of this personal data allows us to provide legal advice, to draft legal acts and documents, to represent our clients in court, in arbitration or before administrative or similar bodies, to assist in negotiations and/or the conclusion of contracts, to assist in mediation, to provide assistance in a police or similar interrogation, take up mandates (trustee, debt mediator, administrator, etc.), offer legal training, ensure follow-up in the event of cessation of our activities, etc.

The legal basis for processing your personal data is based on:
- in the case of a private client: the conclusion and performance of a contract for legal services with the client (art. 6.1, b) GDPR). [If we transfer your personal data to banks and insurance companies, a technical advisor, a notary, a judicial administrator or another judicial representative at the request of these third parties, we will ask for your consent (Art. 6.1 (a) GDPR), unless there is a court order requiring the transfer. If we pass on your personal data to the successor lawyer in the event of the cessation of our professional activity, we will ask for your consent (Art. 6.1, a) GDPR).
- in case of a professional client/other parties: our legitimate interest in being able to provide our legal services to our client (art. 6.1, f) GDPR).
The legal basis for the processing of special categories of personal data and/or personal data of criminal law is based on the establishment, exercise or defence of legal claims (Art. 9.2 (f) GDPR) or on the defence of the interests of our clients (Art. 10 GDPR in conjunction with Art. 10.1, 2° of the Personal Data Protection Act).

We obtain this personal data directly from you and/or from a client.
For the purposes of legal services to our clients, we keep your personal data for up to 10 years after the closure of the file (plus a verification period of 1 year).

We only share this personal data if necessary with third parties with whom we work in the context of the provision of our legal services (court and police services, bailiffs, lawyer(s) of the opposing party or a professional counterparty acting without the assistance of a lawyer, successor lawyer, banks and insurance companies, healthcare institutions, a technical counsel, a court psychologist, etc. expert or a judicial representative (e.g. notary, judicial administrator) appointed by judgment or judgment). In addition, third parties with whom we work for the storage and management of our data also have access to this personal data (IT providers). A list of these third parties with whom we work is presentable upon simple written request.

2.2 / Compliance with money laundering prevention and anti-fraud legislation

In order to comply with money laundering prevention and anti-fraud legislation, we may process your personal identification data (name, (company) address, e-mail address, telephone and fax number), national register number, identification data issued by the government (identity card number, passport number, company number, VAT number), financial data (transactions for or on behalf of the client), personal characteristics (date of birth, place of birth, gender, language, nationality), judicial data (convictions, ongoing disputes) and any other information that we may need to request and/or receive in this context.

The processing of this personal data allows us to comply with money laundering prevention and anti-fraud legislation, among other things.
The legal basis for the processing of your personal data is based on the legal obligation as defined in the Law of 18 September 2017 on the prevention of money laundering and terrorist financing (Art. 6.1, c) GDPR) – and insofar as the processing goes beyond what is strictly necessary for compliance with these legal obligations (e.g. in the context of the general identification obligation) – our legitimate interest in providing legal services in the context of our legal services be vigilant against money laundering (Art. 6.1, f) GDPR).

We obtain this personal data directly from you and/or indirectly from a third party.

For purposes of compliance with money laundering prevention and anti-fraud legislation, we keep your personal data for up to 10 years after the closure of the last file (plus a verification period of 1 year), unless it needs to be kept longer in the context of a specific crime.

We only share this personal data with third parties with whom we cooperate in the context of compliance with money laundering prevention and anti-fraud legislation (government services, court and police services, lawyer, the President of the Bar) if necessary. In addition, third parties with whom we work for the storage and management of our data also have access to this personal data (IT providers). A list of these third parties with whom we work is presentable upon simple written request.

2.3 / Invoicing and accounting

For the purposes of invoicing and our accounting obligations, we may process your personal identification data (name, (company) address, e-mail address, telephone number), identification data issued by the government (company number, VAT number), financial data (bank account number, method of payment) and services/services provided.

The processing of this personal data allows us to draw up our invoices, keep our accounts and comply with accounting obligations, including the preparation of annual accounts. This is necessary to comply with our accounting obligations.

The legal basis for the processing of your personal data is based on various legal obligations, such as those contained in the Code of Economic Law (art. I.1 ELC, art. III.82 ELC, art. III.89 ELC and art. III.90 ELC), the Royal Decree CCA (double-entry bookkeeping), the Companies and Associations Code (art. 3:1 CCA) and the Income Tax Code (art. 320 ITC) (article 6.1, c) GDPR) and – insofar as the processing goes beyond what is strictly necessary for the fulfilment of these legal obligations – to the legitimate interest in keeping our accounts (Art. 6.1 (f) GDPR).

We obtain this personal data directly from you and/or indirectly from a third party.

For our billing and accounting purposes, we will keep your personal data for up to 10 years after the end of the respective financial year (plus a verification period of 1 year).

We only share this personal data with third parties with whom we work in the context of our invoicing and accounting (our accounting firm, government departments, banking and insurance companies). In addition, third parties with whom we work for the storage and management of our data also have access to this personal data (IT providers). A list of these third parties with whom we work is presentable upon simple written request.

2.4 / Dispute management

For the purpose of managing potential disputes, we may process your personal identification data (name, (company) address, e-mail address, telephone number), identification data issued by the government (identity card number, passport number, driver's license number, pension number, license plate, ...), information about profession and employment, financial data, court data and any other information that may be relevant to the management of a (potential) dispute.

The processing of this personal data allows us to defend our legitimate interests in all forms of dispute resolution and to take care of the administration thereof.

The legal basis for the processing of your personal data is based on our legitimate interest to safeguard the (contractual and extra-contractual, statutory and other) rights of our law firm (Art. 6.1, f) GDPR).

We obtain this personal data directly from you and/or indirectly from a third party.

For the purposes of our dispute management, we will retain your personal data for up to 5 years after the expiry of the last appeal period (longer if necessary, for example, to comply with legal obligations) (plus a verification period of 1 year).

We only share this personal data with third parties with whom we work in the context of our dispute management (external legal advisors) and with other parties if necessary (government departments, court and police services, banking and insurance companies, our accounting firm, bailiffs and debt collection agencies). In addition, third parties with whom we work for the storage and management of our data also have access to this personal data (IT providers). A list of these third parties with whom we work is presentable upon simple written request.

3 / SECURITY

We have implemented appropriate technical and organizational measures to ensure the confidentiality of your personal data and to protect your data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure or access.

We have made the necessary contractual arrangements with the third parties with whom we work and do not transfer your personal data outside the European Economic Area without the guarantee that your data also enjoys an equivalent level of protection there.

4 / RIGHTS

You can always contact us to exercise the following rights:
- a request for access to or rectification of your personal data;
- request erasure of your personal data;
- request restriction of processing of your personal data;
- object to the processing of your data;
- a request to withdraw your consent;
- opposing fully automated individual decision-making without any human intervention that significantly affects you; and
- a complaint if you believe that we are not acting in accordance with applicable data protection laws. You can also file a complaint with the Belgian Data Protection Authority.

You can always contact us to exercise your rights:
- by post: to the address given at the beginning of this privacy statement, with the reference "Privacy"
- via e-mail: info@simongeens.be
- by phone: 0479 80 89 08

We respect all rights with regard to your personal data to which you are entitled under applicable law.

For those purposes for which the legal basis for the processing of personal data is a legitimate interest, you can always ask us for more information about the balancing of interests that we have carried out in that context (for more information, see PURPOSES).

For those purposes for which the legal basis for the processing of personal data is a task carried out in the public interest or legitimate interest, you can at any time exercise your right to object to the processing of your personal data, stating the reasons relating to your particular situation (for more information, see PURPOSES). We will cease processing your personal data unless we consider that there are compelling legitimate grounds which override the interests, rights and freedoms you are invoked.

In order to be able to follow up and respond to your requests correctly, we process your personal data on the basis of our legal obligations arising from Chapter III in conjunction with Art. 5.2 GDPR (Art. 6.1, c) GDPR).

5 / UPDATES

This Privacy Notice may be amended from time to time, within the limits of applicable data protection regulations.