In this edition, we bring you four important articles:
1. COVID-19 and its impact on the judicial and administrative activity;
2. Rule of the insolvency proceedings declared unconstitutional;
3. Netflix tax, another cost for the consumer?;
4. New electronic signature regime;
Personal data is any information relating to an identified or identifiable natural person.
An identifiable natural person can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, electronic identifiers, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
Holders of personal data are the natural persons to whom the data relates.
Caiado Guerreiro – Sociedade de Advogados, SP, RL (“Caiado Guerreiro”) processes the User’s data, collected through the caiadoguerreiro.com website, optional forms to be filled in by the holder, subscription by the User, of Caiado Guerreiro’s information, Newsletters, Webinars, and other events, when the holder delivers their card, emails sent by the holder, or telephone contacts, in close compliance with the General Data Protection Regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016.
Caiado Guerreiro may transmit the User’s data to third parties when necessary for its activity. Furthermore, Caiado Guerreiro may also disclose the User’s data if required by law or if essential to (i) meet the legal duties of Caiado Guerreiro or (ii) protect the personal safety of users.
Personal data shall be kept in the territory of the European Union, in Portugal, even though data may be transmitted to other Member States, subject always to the User’s prior consent. Furthermore, Caiado Guerreiro shall adopt the necessary security measures to guarantee the confidentiality of personal data, ensuring that such transfer is made in compliance with the Personal Data Protection Law.
Despite Caiado Guerreiro having implemented a safe system for collecting, treating and transferring data, which prevents losses or unauthorised access and use, Caiado Guerreiro informs the User that there will always be a risk of access and use of data by unauthorised third parties.
By accepting and submitting data through forms on the Caiado Guerreiro website, the User is providing their express consent for the treatment of data collected on the web page to fulfil their voluntary requests.
The data to be processed includes data provided by the User via the Caiado Guerreiro website and any data provided directly by the User. The data shall be used exclusively for contact regarding information of a legal or business nature, legal updates and information about Caiado Guerreiro and about events promoted by it, other promotional communications permitted by the Statute of the Portuguese Bar Association and submission of processes in legal directories following the purpose for which they were collected.
In the case of Curricula Vitae, shall process the data exclusively for recruitment and selection, compliance with legal obligations in compliance, invoicing and accounting management.
When provided, the holders’ personal data will be processed within the scope of the provision of legal services.
All data collected by Caiado Guerreiro within the scope of the contractual relationship for the provision of legal services existing between Caiado Guerreiro and the client shall be treated to comply with all the requirements of the General Data Protection Regulation under the terms previously indicated, as well as all legal obligations arising from all applicable national and international legislation, including the E.O.A.. In addition, in providing legal services, we may process special categories of data (Article 9 GDPR), in which case one or more of the following conditions of the legitimacy of Article 9(2) are met. Article 9(2): where processing is necessary to protect the vital interests of the data subject or another natural person where the data subject is physically or legally incapable of giving consent; where processing is necessary for the establishment, exercise or defence of legal claims, and; where processing is necessary for reasons of substantial public interest, such as the exercise of the legal profession, based on European Union or Member State law.
The personal data collected on the Caiado Guerreiro website will be kept for ten years. Still, we will regularly send information for the exercise of the right of opposition or erasure, except in the case of Curriculum Vitae, which will be kept for six months. Likewise, data relating to legal proceedings will be held for the term of the mandate and the period of prescription of rights after it.
We also remind you that under the terms of the General Data Protection Regulation, you have the following rights:
Right of Access – To obtain confirmation that your data is subject to processing and to access it and information about your data processing activities under Article 15 of the GDPR.
Right of Rectification – To obtain rectification of inaccurate personal data under the terms of Article 16 of the RGPD.
Right of Erasure – To obtain the erasure of your data in certain situations. In particular, about personal data whose processing is based on your consent, you may freely withdraw your consent at any time, in which case your data will be deleted unless there is another legal ground for the processing under Article 17 of the RGPD.
Right to Limitation of Processing – You may, in certain situations, demand the limitation of the processing, in which case you will retain the data, and no further processing operations will be carried out, except when to those provided for in the RGPD, under the terms of Article 18 of the RGPD.
Right to Oppose – Oppose the processing of your data for reasons related to your particular situation in the situations provided under Article 21 of the RGPD.
Right to Portability – To receive your data or transmit it to another controller under Article 20 of the RGPD.
You may also complain to a supervisory authority. The national supervisory authority is the Comissão Nacional de Proteção de Dados.
Your data will not be used for profiling or other decisions.
The data is also used to answer any questions users ask regarding Caiado Guerreiro’s services, as well as in the case of sending Curriculum Vitae.
To exercise the rights of the titleholders, they may contact Caiado Guerreiro by the following means: