Privacy statement
(effective on 25 May 2018)

The protection of your personal data is of the utmost importance to Deknudt Nelis Lawyers.

In this privacy statement we will explain in detail how we deal with your personal data in our capacity as data controller.

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Identity and contact details of the data controller

Deknudt Nelis Advocaten BVBA
Nijverheidskaai 3 letterbox 001
8500 Kortrijk
BE654 962 509
persoonsgegevens@deknudtnelis.be

Kortrijk Office
Nijverheidskaai 3 letterbox 001, 8500 Kortrijk | T • +32 (0)56 89 02 50

Antwerp Office
Stokerijstraat 25D letterbox 8, 2110 Wijnegem | T • +32 (0)3 304 23 91

Brussels Office
Da Vincilaan 9, 1930 Zaventem | T • +32 (0)2 613 09 88

Details of the data protection contact
persoonsgegevens@deknudtnelis.be

We process your personal data. This implies that we use information on the basis of which you are or may be identified.

This information may be your name, an identification number, an address and/or contact details, but also information about your financial situation and the composition of your family. The term “processing” is to be interpreted in a very broad sense and may relate to collecting, recording, managing, structuring, saving, editing or changing, retrieving, consulting, using,… your personal information.

If you want to call upon our services, a minimum of personal information must be provided. We will not be able to assist you without having received certain information.

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The exact personal information processed by us depends on the services we are requested to provide. In general, the personal data we require are the following:

  • Personal identification details: name, title, address (home and work), earlier addresses, telephone number (home and work), e-mail address, age, gender, date of birth, place of birth, civil status, nationality, national register number
  • Financial situation: income, property, investments, total income, professional income, savings, information relating to investments, income from investments, costs relating to assets; information on liabilities, debts, loans, mortgages, other types of credit; information on insurance policies; financial intermediaries;…
  • Professional activities: nature of the activity, nature of the goods or services used or delivered,…
  • Family situation: name of the spouse or partner, date of marriage, date of the cohabitation contract, number of children,… details relating to previous marriages or contracts, divorce, separation, name of previous partners, children, dependent persons, other family members, collaterals, parents and descendants.
  • Agreements and settlements: details relating to settlements or commercial agreements, agreements relating to representation or legal agreements, details relating to the agents.
  • Legal data relating to convictions: tax fines and convictions, settlements.
  • Legal data relating to judicial measures: guardianship, provisional administration, confinement, placement,…
  • Companies: data of the companies of which the client is a shareholder or director.
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Identity and contact details of the data controller

Deknudt Nelis Advocaten BVBA
Nijverheidskaai 3 letterbox 001
8500 Kortrijk
BE654 962 509
persoonsgegevens@deknudtnelis.be

Kortrijk Office
Nijverheidskaai 3 letterbox 001, 8500 Kortrijk | T • +32 (0)56 89 02 50

Antwerp Office
Stokerijstraat 25D letterbox 8, 2110 Wijnegem | T • +32 (0)3 304 23 91

Brussels Office
Da Vincilaan 9, 1930 Zaventem | T • +32 (0)2 613 09 88

Details of the data protection contact
persoonsgegevens@deknudtnelis.be

Read more

The exact personal information processed by us depends on the services we are requested to provide. In general, the personal data we require are the following:

  • Personal identification details: name, title, address (home and work), earlier addresses, telephone number (home and work), e-mail address, age, gender, date of birth, place of birth, civil status, nationality, national register number
  • Financial situation: income, property, investments, total income, professional income, savings, information relating to investments, income from investments, costs relating to assets; information on liabilities, debts, loans, mortgages, other types of credit; information on insurance policies; financial intermediaries;…
  • Professional activities: nature of the activity, nature of the goods or services used or delivered,…
  • Family situation: name of the spouse or partner, date of marriage, date of the cohabitation contract, number of children,… details relating to previous marriages or contracts, divorce, separation, name of previous partners, children, dependent persons, other family members, collaterals, parents and descendants.
  • Agreements and settlements: details relating to settlements or commercial agreements, agreements relating to representation or legal agreements, details relating to the agents.
  • Legal data relating to convictions: tax fines and convictions, settlements.
  • Legal data relating to judicial measures: guardianship, provisional administration, confinement, placement,…
  • Companies: data of the companies of which the client is a shareholder or director.

The processing of your personal data is not arbitrary; it requires a specific purpose and a legal basis.

Deknudt Nelis Lawyers processes your personal data because you call upon our legal services (legal and tax advice, the implementation thereof, assistance in legal proceedings,…), because you provide(d) us with these data and/or within the context of legal obligations, e.g. compliance with anti-money laundering legislation. You provide us with some of these data directly, for instance when you contact our office. Other data are received from third parties, e.g. other advisors you work with or the National Register.

Under certain circumstances we receive information about you although you do not have a direct relationship with us. This is generally the case if a client, for instance a member of your family or a contract partner, provides us with information about you within the context of his or her file.

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We are therefore not allowed to process your personal data arbitrarily. The processing must have a legitimate purpose and a legal basis.

We process your personal data for the following specific purposes:

  • To inform you of our services;
  • To provide adequate advice on an issue submitted to us;
  • To implement the advice provided to you;
  • To assist you in any legal proceedings you are involved in;
  • For the purpose of file management in general, including billing;
  • To send general mailings relating to law and fiscal matters;
  • To inform you specifically on matters or changes that may concern you;
  • To defend our rights and to meet our deontological and legal obligations, for instance within the context of legislation on the prevention of money laundering, fraud and financing of terrorism.

We only process your personal data:

  • If such processing is required
    • for the execution of our contract with you;
    • for the protection of your vital interests or those of others;
    • for the promotion of our legitimate interests or those of our staff members;
    • for the fulfilment of our legal obligations;
  • Or after having obtained your explicit consent.

We do not keep your personal data forever.

Your personal data are only kept as long as necessary to achieve the purpose for which they are used.

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Some examples:

  • Client information is only kept as long as necessary, taking into account the client’s specific situation and the files managed by Deknudt Nelis on his/her behalf, or as long as required pursuant to our legal and deontological obligations.
  • If you are not a client but if you have subscribed for our newsletters, we will keep your personal data for as long as you do not unsubscribe.
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We are therefore not allowed to process your personal data arbitrarily. The processing must have a legitimate purpose and a legal basis.

We process your personal data for the following specific purposes:

  • To inform you of our services;
  • To provide adequate advice on an issue submitted to us;
  • To implement the advice provided to you;
  • To assist you in any legal proceedings you are involved in;
  • For the purpose of file management in general, including billing;
  • To send general mailings relating to law and fiscal matters;
  • To inform you specifically on matters or changes that may concern you;
  • To defend our rights and to meet our deontological and legal obligations, for instance within the context of legislation on the prevention of money laundering, fraud and financing of terrorism.

We only process your personal data:

  • If such processing is required
    • for the execution of our contract with you;
    • for the protection of your vital interests or those of others;
    • for the promotion of our legitimate interests or those of our staff members;
    • for the fulfilment of our legal obligations;
  • Or after having obtained your explicit consent.
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Some examples:

  • Client information is only kept as long as necessary, taking into account the client’s specific situation and the files managed by Deknudt Nelis on his/her behalf, or as long as required pursuant to our legal and deontological obligations.
  • If you are not a client but if you have subscribed for our newsletters, we will keep your personal data for as long as you do not unsubscribe.

You maintain full control of your personal data.

You are at all times entitled to request an overview of your personal data kept by us or to ask us to rectify incorrect data or remove your data from our files. You are furthermore entitled to revoke your consent to the data processing, to apply for restrictions to the processing or to object to the processing of your data by Deknudt Nelis Lawyers. Finally, you are entitled to request us to transfer all data you provided us with to a third party specified by you.

If you wish to exercise one of these rights, you can send your request, with an identity document, to persoonsgegevens@deknudtnelis.be.

We do not always have the obligation to grant your request, but we will always reply within the period of time determined by law and explain our refusal, if any.

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We have one month to react to your request by which you exercise one of your rights. If the request is complex, this period is extended by two months. If your request is clearly unfounded or unreasonable, we are entitled to deny this request or charge a fee covering the administrative expenses we incurred in sending you a reply.

Depending on the specific request, you can rely on us to take the actions described below:

Right of access
If we receive a request for access, we will send you the legally defined information electronically. If you want to receive the data processed by us on paper, you should mention this explicitly in your request. If you want to receive more than one copy of your personal data, we can charge a fee.

Right of rectification
If you inform us of the fact that some of your data are incorrect or incomplete, we will adjust our files.

Right to revoke your consent
If the processing of personal data is based on your consent, you are at all times entitled to revoke this consent. Such revocation will not affect the legitimacy of the processing of data on the basis of the consent granted before the revocation.

Right to erasure
You can request us to erase personal data the processing of which is no longer justifiable. The right to erase data is not an absolute right. You can only exercise this right in the following cases:

  • the personal data are no longer required to achieve the purpose of the processing;
  • we process the personal data illegitimately;
  • we must erase the personal data pursuant to a legal obligation;
  • you revoke your consent and there is no other legal basis for the processing of your data;
  • after the successful exercise of the right to object.

In certain cases, we are entitled to refuse to erase the personal data, for instance if the processing is required in order for us to meet a legal obligation or in order to institute, exercise and corroborate a legal action.

Right to restrict data processing
Under certain circumstances you can request a “restriction” of the processing of your personal data. As a result, we will only store your personal data and cease any other processing activities.

You are entitled to a restriction of the processing of your personal data in the following cases:

  • if you challenge the accuracy of the personal data, during a period enabling us to check the accuracy of these data;
  • if the data were processed illegitimately;
  • if you need the personal data for the purpose of a legal action while we no longer need them;
  • if you exercise your right of objection. The restriction applies pending a reply to the question as to whether our legitimate interests outweigh yours.

Right of objection
You can object to the processing of your personal data if the processing is based on legitimate interests of Deknudt Nelis Lawyers or a third party. Should the occasion arise, you need to inform us of the reasons for the objection that are connected with your specific situation. When evaluating your objection, we need to weigh your interests against ours (or those of the third party involved). If for any reason, we are of the opinion that we cannot agree with your objection, we will inform you of that reason.

In other cases it may not be possible to object to the processing, but bear in mind that, if the processing of personal data is based on your consent, you can at all times revoke it.

Right of data portability
The purpose of the right of data portability is to enable you to obtain your personal data in a structured, conventional and machine-readable format and to reuse them within the context of other services. This means that you can transfer personal data from one IT environment to another. One example is the retrieval of your list of contacts of a webmail application.

One of the basic requirements for data portability is that the data must have been processed in an automated manner, e.g. because they are part of a digital file. In addition, you must have provided the data yourself.
Most of the processing by Deknudt Nelis Lawyers does not take place in an automated manner, as referred to in the data protection legislation.

Right not to be subject to automated decision-making
Automated decision-making within the meaning of the data protection legislation implies that decisions are taken by computer programs or systems without human intervention, with a considerable impact on or legal consequences for a person. If automated decision-making processes are used (within legal limits), adequate measures need to be taken that protect the rights of the person concerned. These measures at least provide for the possibility for the person concerned to challenge the decision, make their position known and request human intervention.

No automated decision-making processes are used by Deknudt Nelis Lawyers.

Under certain circumstances we share your personal data with third parties.

Your data are used by Deknudt Nelis Lawyers in the first place to manage your file. Obviously, we sometimes need to share these data with people outside our office in order to execute our contract with you. These third parties may include notaries public, financial intermediaries or other advisors, insurance companies, translators, courts, auditors, etc.

In addition, we are sometimes compelled to provide personal data to third parties in order to meet our deontological or legal obligations or to protect our legitimate interests.

We use Mailchimp to send our newsletters. If you have subscribed to our newsletters, we forward your email address via Mailchimp to the United States in accordance with the conditions of the Privacy Shield Certification. In no case do we forward your personal data to parties established in other countries outside the European Economic Area.

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We have one month to react to your request by which you exercise one of your rights. If the request is complex, this period is extended by two months. If your request is clearly unfounded or unreasonable, we are entitled to deny this request or charge a fee covering the administrative expenses we incurred in sending you a reply.

Depending on the specific request, you can rely on us to take the actions described below:

Right of access
If we receive a request for access, we will send you the legally defined information electronically. If you want to receive the data processed by us on paper, you should mention this explicitly in your request. If you want to receive more than one copy of your personal data, we can charge a fee.

Right of rectification
If you inform us of the fact that some of your data are incorrect or incomplete, we will adjust our files.

Right to revoke your consent
If the processing of personal data is based on your consent, you are at all times entitled to revoke this consent. Such revocation will not affect the legitimacy of the processing of data on the basis of the consent granted before the revocation.

Right to erasure
You can request us to erase personal data the processing of which is no longer justifiable. The right to erase data is not an absolute right. You can only exercise this right in the following cases:

  • the personal data are no longer required to achieve the purpose of the processing;
  • we process the personal data illegitimately;
  • we must erase the personal data pursuant to a legal obligation;
  • you revoke your consent and there is no other legal basis for the processing of your data;
  • after the successful exercise of the right to object.

In certain cases, we are entitled to refuse to erase the personal data, for instance if the processing is required in order for us to meet a legal obligation or in order to institute, exercise and corroborate a legal action.

Right to restrict data processing
Under certain circumstances you can request a “restriction” of the processing of your personal data. As a result, we will only store your personal data and cease any other processing activities.

You are entitled to a restriction of the processing of your personal data in the following cases:

  • if you challenge the accuracy of the personal data, during a period enabling us to check the accuracy of these data;
  • if the data were processed illegitimately;
  • if you need the personal data for the purpose of a legal action while we no longer need them;
  • if you exercise your right of objection. The restriction applies pending a reply to the question as to whether our legitimate interests outweigh yours.

Right of objection
You can object to the processing of your personal data if the processing is based on legitimate interests of Deknudt Nelis Lawyers or a third party. Should the occasion arise, you need to inform us of the reasons for the objection that are connected with your specific situation. When evaluating your objection, we need to weigh your interests against ours (or those of the third party involved). If for any reason, we are of the opinion that we cannot agree with your objection, we will inform you of that reason.

In other cases it may not be possible to object to the processing, but bear in mind that, if the processing of personal data is based on your consent, you can at all times revoke it.

Right of data portability
The purpose of the right of data portability is to enable you to obtain your personal data in a structured, conventional and machine-readable format and to reuse them within the context of other services. This means that you can transfer personal data from one IT environment to another. One example is the retrieval of your list of contacts of a webmail application.

One of the basic requirements for data portability is that the data must have been processed in an automated manner, e.g. because they are part of a digital file. In addition, you must have provided the data yourself.
Most of the processing by Deknudt Nelis Lawyers does not take place in an automated manner, as referred to in the data protection legislation.

Right not to be subject to automated decision-making
Automated decision-making within the meaning of the data protection legislation implies that decisions are taken by computer programs or systems without human intervention, with a considerable impact on or legal consequences for a person. If automated decision-making processes are used (within legal limits), adequate measures need to be taken that protect the rights of the person concerned. These measures at least provide for the possibility for the person concerned to challenge the decision, make their position known and request human intervention.

No automated decision-making processes are used by Deknudt Nelis Lawyers.

Complaints? You can always contact us or the national regulator.

This is possible at the following address:

Data protection authorities
Drukpersstraat 35, 1000 Brussel
+32 (0)2 274 48 00
+32 (0)2 274 48 35
commission@privacycommission.be