Data Protection Declaration Switzerland

I. What sources and data do we use?

We process personal data (data which directly or indirectly identifies natural persons) which we receive from you or third parties involved within the scope of the client relationship or its initiation, or which we collect ourselves. You or the persons concerned provide us with some of the personal data when you or they contact us and request our services. This includes, for example, name, title, position, date of birth, contact details, income situation, family relationship, etc. We also process data that we receive in our correspondence with third parties (e.g. clients, counterparties, authorities and courts and their employees or other contact persons) within the scope of the mandate relationship. We also collect some personal data ourselves, e.g. from public registers or websites.

II: Who is responsible for data processing?

Responsible is Lenz Caemmerer, Elisabethenstrasse 15, 4051 Basel, Switzerland.

E-mail: Datenschutz@lclaw.ch, phone: +41 (0)61 272 13 30 / fax: +41 (0)61 272 15 95

III. What do we process your data for (purpose)?

We process the aforementioned types of personal data primarily to provide, document and bill our legal services. In addition, we process the contact details of clients or their employees or other contacts for marketing purposes (using any means of communication such as email, social media, post or telephone), to provide information about publications, events, news, services or products that may be of interest or to conduct evaluation surveys. We have a legitimate interest in processing the personal data in accordance with the above purposes. Some processing is also necessary to fulfil our contractual obligations to you or our legal obligations (e.g. retention obligations).

IV. Who receives your data?

Within our law firm, the persons who need your data to fulfil our contractual and legal obligations receive access to it. External service providers and vicarious agents employed by us may also receive data for these purposes, including external IT service providers.

Other data recipients may be those bodies for which you have given us your consent to transfer data or to which we are authorised to transfer personal data on the basis of a balancing of interests. This includes in particular the disclosure to courts, authorities as well as to counterparties and their representatives (in particular their legal representatives), or to business partners with whom we may coordinate the provision of legal services, for the assertion and defence of your rights.

We process personal data in our area of responsibility in Switzerland. Some recipients may in turn process the personal data in other countries, including those that do not guarantee a level of data protection comparable to Swiss law. We will do the latter based on consent or standard contractual clauses, or if it is necessary for the performance of a contract or the enforcement of legal claims.

We use certain IT services as well as means of communication which may be associated with data security risks (e.g. e-mail, video conferencing). It is your responsibility to inform us of your desire for special security measures.

V. How long will your data be stored and what precautions do we take?

We only store personal data for as long as this is necessary to process the mandate relationship, for a legal retention or documentation period (for notaries there is an unlimited retention obligation) or for a limitation period or if we have a private or public interest in doing so. We take reasonable and proportionate precautions to protect personal data from loss, unauthorised modification or unauthorised access by third parties. If you provide us with personal data via a third party (e.g. via your employees or other contacts), it is up to you to inform them in a general way about the processing by legal service providers (such as us) or other external service providers (e.g. in a privacy policy for employees).

VI. What data protection rights do you have?

In particular, data subjects have the right to information about the personal data stored about them and the purpose of the data processing, the right to rectification as well as to deletion or restriction of the processing of their personal data, the right to object to the processing, the right to take legal action before a competent supervisory authority and to data transfer / portability. However, please note that conditions and exceptions apply to these rights. Where legally permitted or required, we may refuse requests to exercise these rights. For example, we may or must retain or otherwise continue to process personal data despite a request to delete the personal data or restrict processing for legal reasons.

If you have any questions or if you or your employees or other contact persons would like to exercise your or their data protection rights, please contact us at datenschutz[at]lclaw.ch or write to us.