Jaroslav Penc, advokátska kancelária

Privacy Policy

The protection of personal data of our clients and other individuals is important to us. The following terms explain how we process personal data during the provision of legal services within the law firm Mgr. Ing. Jaroslav Penc, Attorney at Law, with its registered office at Nejedlého 47, 841 02 Bratislava – mestská časť Dúbravka, Slovak Republic, Company ID: 30865298, freelance professional – a natural person conducting business on a basis other than the Trade Licensing Act, registered in the list of attorneys maintained by the Slovak Bar Association (hereinafter referred to as the "law firm" or "controller"). If you have any questions, you can contact us by phone at +421 940 174 255, by e-mail at office@penc.sk, or by mail at our registered office address: Nejedlého 47, 841 02 Bratislava.

 

 

I. Legal Framework

 

When processing personal data, we are governed primarily by:

  • Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation – hereinafter referred to as "GDPR"),
  • Act No. 18/2018 Coll. on Personal Data Protection, as amended,
  • Act No. 586/2003 Coll. on the Legal Profession, as amended (specifically Section 18),
  • The Code of Conduct adopted by the Slovak Bar Association, available at www.sak.sk/gdpr,
  • as well as other relevant regulations.

 

 

II. Why Do We Process Personal Data?


 

The processing of personal data is necessary, in particular, for us to:

  • provide legal services to our clients and practice law,
  • fulfill legal, professional, and contractual obligations,
  • protect the legitimate interests of our firm, our clients, and third parties.

We process your personal data exclusively for purposes that are necessary for the provision of legal services or that are directly imposed upon us by law. A client's disagreement with the processing of data necessary for these purposes may result in the impossibility of providing them with high-quality legal assistance.

 

 

III. What Personal Data Do We Process?


 

In the context of providing legal services, we only process personal data necessary for the given purpose. This includes, in particular:

  • first name, surname, and title,
  • date of birth,
  • permanent or temporary residence address,
  • contact details (phone number, e-mail address),
  • data necessary for client identification (e.g., ID card number),
  • other data provided to us by the client in connection with the legal matter.

 

 

IV. For What Purposes and on What Legal Bases Do We Process Personal Data?


 

Purpose of Processing

Legal Basis

Communication with potential clients via the contact form (responding to inquiries, preparing for the provision of a legal service)

Legitimate interest (Art. 6 (1) (f) GDPR) and taking steps prior to entering into a contract (Art. 6 (1) (b) GDPR)

Provision of legal services and the practice of law

Performance of a contract (Art. 6 (1) (b) GDPR) and compliance with a legal obligation (Art. 6 (1) (c) GDPR)

Fulfillment of obligations arising from the Act on the Legal Profession and the Advocacy Regulations

Compliance with a legal obligation (Art. 6 (1) (c) GDPR)

Accounting and tax agenda

Compliance with a legal obligation (Art. 6 (1) (c) GDPR)

Protection of the legitimate interests of the law firm (e.g., debt collection)

Legitimate interest (Art. 6 (1) (f) GDPR)

 

 

V. Communication with Potential Clients Who Contact the Law Firm via the Contact Form


 

If you contact us through the contact form on our website, we process your personal data to the extent you have provided it to us.


Purpose of Processing

We process personal data sent via the contact form exclusively for the purpose of:

  • handling your question or request,
  • providing a response to your inquiry,
  • eventual preparation for the provision of a legal service.

Legal Basis for Processing

The legal basis for processing your personal data is the legitimate interest of the law firm pursuant to Art. 6 (1) (f) GDPR. Our legitimate interest is to respond to inquiries from potential clients and provide them with the requested information. In the event that the communication leads to the conclusion of a contract for the provision of legal services, the legal basis is the performance of a contract or taking steps prior to entering into a contract pursuant to Art. 6 (1) (b) GDPR.


Scope of Processed Data

Through the contact form, we process the following personal data:

  • first name and surname,
  • e-mail address,
  • phone number,
  • the text of your message,
  • attachments (if attached to the message).

Retention Period

We process personal data for the minimum period necessary to handle your request, but for no longer than 6 months from the sending of the message. If a contract for the provision of legal services is concluded based on the communication, we process the data for the period specified for the client file (see Section VII below).


Rights of the Data Subject

Even when data is processed via the contact form, you have all the rights specified in Section X of these terms, in particular, the right to request the erasure or restriction of processing of your personal data at any time.

 

 

VI. To Whom Do We Disclose Your Personal Data?


 

Your personal data is accessible exclusively to the attorney, junior associates, and administrative staff who are bound by a duty of confidentiality.


In necessary cases, personal data may be disclosed to:

  • external accounting and tax advisors,
  • software support and cloud service providers (servers located within the EU),
  • the Slovak Bar Association (e.g., in disciplinary proceedings),
  • public authorities, if required by law.

The disclosure of personal data occurs only in cases where it is required by a specific regulation (e.g., land registry proceedings, commercial register, etc.).

 

 

VII. How Long Do We Store Your Personal Data?


 

We store personal data for no longer than is necessary for the purposes for which they are processed. When storing data, we follow the recommended retention periods pursuant to Resolution of the Presidency of the Slovak Bar Association No. 29/11/2011, in particular:

  • client file – 10 years from the fulfillment of the conditions for placement in the archive,
  • incoming and outgoing mail log – 10 years from the last entry,
  • protocol of client files and list of clients – archived without any time limit.

Attorneys are subject to professional regulations interpreting the obligations of attorneys under the Act on the Legal Profession. For example, shredding/deletion is not possible if it concerns a client file containing original documents handed over to the attorney by the client; protocols of client files and the list of client files cannot be shredded; a client file or part thereof that the attorney is obliged to hand over to the state archive cannot be shredded; nor can a client file be shredded as long as any proceedings are pending before a court, a state administration body, law enforcement authorities, or the Slovak Bar Association, which substantively relates to the content of the client file or the subject of which was an action or omission of the attorney in providing legal assistance in the client's matter.

 

 

VIII. Transfer of Data to Third Countries


 

We do not perform, nor do we intend to perform, any cross-border transfer of your personal data to countries outside the European Economic Area (EEA).


We utilize secure local and cloud services from a verified provider with servers located within the jurisdiction of the EU.


Furthermore, we do not engage in automated individual decision-making or profiling.

 

 

IX. Cookies


 

Our website uses only technically necessary cookies that ensure its proper functioning. Without these cookies, the website would not be able to work correctly.


We do not use any analytical, marketing, or tracking cookies. Your consent is not required for the operation of these necessary cookies under Section 55 (5) of the Act on Electronic Communications.

 

 

X. Your Rights as a Data Subject


 

If you are our client, we most frequently obtain your personal data directly from you. In such a case, providing your personal data is voluntary. Depending on the specific case, a failure to provide personal data by the client may affect our ability to provide high-quality legal advice or, in exceptional cases, result in our obligation to refuse to provide legal advice. We may also obtain personal data about our clients from publicly available sources, public authorities, or other individuals.


If you are not our client, we most frequently obtain your personal data from our clients or from other public or legal sources, such as by requesting it from public authorities, extracts from public registries, gathering evidence in favor of the client, etc. In such a case, we may obtain personal data about you without informing you and even against your will, based on our statutory authorization and obligation to practice law in accordance with the Act on the Legal Profession.


As a data subject, you have the following rights under the GDPR and the Personal Data Protection Act:

  • Right of access to personal data – you may request information about what personal data we process about you.
  • Right to rectification – we will correct incorrect or incomplete data.
  • Right to restriction of processing – in cases stipulated by law.
  • Right to erasure ("right to be forgotten") – if the legal conditions are met.
  • Right to lodge a complaint with a supervisory authority – Office for Personal Data Protection of the Slovak Republic, Hraničná 12, 820 07 Bratislava, www.uoou.sk.

The right to data portability and the right to object to processing do not apply to data processed during the practice of law (Section 18 (8) of the Act on the Legal Profession).


In case of any questions or to exercise your rights, please contact us:

  • by e-mail: office@penc.sk
  • in writing at the address: Nejedlého 47, 841 02 Bratislava

 

 

XI. Governing Law


 

This Privacy Policy, as well as all legal relations arising in connection with the processing of personal data, are governed by the legal order of the Slovak Republic in conjunction with legally binding acts of the European Union that have direct effect in the member states. The decisive legal framework is, in particular, Regulation (EU) 2016/679 (GDPR) and related national regulations.

 

 

XII. Final Provisions


 

The information that we are required to provide to you regarding our processing of personal data may change or cease to be up to date. For this reason, we reserve the right to amend and change these terms at any time and to any extent, particularly in connection with legislative changes.


In the event of substantial changes, we will inform you via our website.


Sincerely,

Mgr. Ing. Jaroslav Penc, Attorney at Law