The relevant personal data rules currently applicable for our processing of personal data are laid down in the General Data Protection Regulation (Regulation no. 2016/679 of 27 April 2016) and the Danish Data Protection Act (Act no. 502 of 23 May 2018).
Our data protection policy relates to our processing of personal data as data controller. We are the data controller in a number of situations, such as when we handle client matters, when we engage new employees and in connection with marketing activities.
1. Whose personal data do we process?
Poul Schmith protects and processes the personal data of our clients, opponents, suppliers, employees, partners, the users of our website and recipients of marketing information etc. in accordance with the law on processing of personal data as applicable at any time.
2. What personal data do we process?
"Personal data" includes any information relating to an identifiable natural person, such as the person's name, e-mail address, personal identification number (CPR number) and address, and to factors specific to the physical, physiological, financial, cultural or social identity of that person. Data on legal persons are not included in the definition of "personal data".
Depending on the nature of the case or inquiry, we process general data, identification data (CPR number), data on criminal offences and sensitive data.
3. Where do the data come from?
We collect personal data directly from you or from a third party, such as clients, public authorities or partners.
4. How do we process the data?
"Processing" of personal data covers any activity involving personal data, such as collection, recording, structuring, organisation, storage, adaptation, alteration, consultation, use or disclosure.
We primarily process personal data about our clients, opponents, suppliers, employees and partners, but only to the extent necessary for the specific purpose and if there is a legal basis for doing so.
In most cases, we need to process general personal data, such as name, title, telephone number and e-mail address. The processing is necessary to enable us to deliver our legal services, submit invoices and perform quality assurance and audit and to comply with the requirements for documentation of identity under the Anti-Money Laundering Act to which we are subject in many matters.
In addition, it may in certain situations be necessary for us to process data on criminal offences and to process sensitive data such as data concerning health.
5. Use of artificial intelligence in our legal matter handling
We may use tools based on artificial intelligence (“AI tools”) in our legal matter handling for support, for example for legal research, document analysis, transcription, translation and structuring of information. AI tools are used solely as a supporting tool.
No automated decisions are made about you within the meaning of Article 22 of the General Data Protection Regulation. All assessments and decisions, including the legal advice provided to the client, are made by our employees who professionally assess and validate the results originating from AI tools.
When we use AI tools, personal data are processed in compliance with the General Data Protection Regulation (Regulation (EU) 2016/679, “GDPR”) and the Danish Data Protection Act. We comply with the principles of purpose limitation and data minimisation, see GDPR Article 5(1)(b) and (c), by only processing the personal data in the AI solutions that are necessary for the specific task. We implement appropriate technical and organisational security measures, see Article 32, taking into account the nature of the data that we process and the risks involved.
If we use external providers of AI tools (for example hosting providers or specialised AI services) as data processors, we enter into data processing agreements in compliance with GDPR Article 28. We ensure that these providers only process personal data according to our instructions and do not use the data for their own purposes, including for training of general models, unless this has been specifically agreed and communicated or is required by mandatory legislation.
6. To whom do we disclose your personal data?
We only disclose your personal data to external parties if necessary and if there is a legal basis for doing so. External parties may be public authorities, private businesses or persons, foundations, associations, etc., depending on the nature of the matter. In addition, we pass on data to our data processors (e.g. IT suppliers).
Our employees may perform work from workplaces located outside the EU/EEA. Such access takes place solely as part of internal processing within Poul Schmith, which acts as an independent Danish data controller, and does not constitute a disclosure of personal data or a transfer to third countries.
Internally, only employees with a work-related need to see your personal data will be able to access the data.