(version October 2023)
GMW advocaten B.V. (“GMW”) collect and process personal data. Personal data are any data, which can (directly or indirectly) identify a natural person.
In connection with the processing of personal data, GMW advocaten B.V. (“GMW“) use this privacy statement.
With this privacy statement, GMW inform clients about what personal data GMW collect (processing activities), how we handle these personal data and about your rights in connection with them.
What follows is an implementation of the information obligation set out in the General Data Protection Regulation (GDPR) for persons whose personal data GMW process.
This privacy statement applies to all personal data processed by GMW in connection with their /her services, including data received and processed by the trustees in bankruptcy working at GMW’s in the bankruptcies in which they are or have been appointed.
This privacy statement is structured as follows:
1. Purposes of processing personal data
1.1. Legal services
1.2. Mediation
1.3. Applications
1.4. Students
1.5. Suppliers
1.6. Website, activities and marketing
1.7. Cookies
2. Personal data security
3. Clients’ rights
4. Changes in and amendments to the privacy statement
5. Contact
Which (personal data do GMW collect and process, why and how long do GMW keep them?
a. Execution of agreement with client
1. As far as it is necessary for their services, GMW collect personal data of clients and/or other persons received from their clients, the other party or evidenced by public records. This includes name, contact details, bank account number, name and qualifications/authority of directors of legal entities and other data necessary for handling the case. Providing these personal data is not required by contract or law. If personal data are not provided to GMW, GMW may, depending on the specific case, not be able to perform their service or perform it less well.
2. GMW use these data to execute the agreement with the client. To the extent that the client is a natural person and the data concern the client himself/herself, GMW process these personal data on the basis of Article 6(1) AVG for the performance of the agreement with the client. To the extent that personal data concern others than the client himself/ herself, GMW process these data on the basis of Article 6(1)(f) AVG and GMW have a legitimate interest, because without data we/ they cannot properly perform our/ their legal services. If GMW process special personal data or criminal data, GMW may process these data because: 1) this is necessary for the establishment, exercise or substantiation of legal claims, or 2) because the client has expressly disclosed these data, or 3) client has given express consent to do so.
3. GMW retain personal data for 10 years after the closure of a file or as much longer as is necessary in connection with their (legal and contractual) obligations, responsibilities and liabilities.
b. Legal obligation
4. Pursuant to the Regulation on the Legal Profession (“VODA”) and the Act Prevention of Money Laundering and Financing of Terrorism (“AML”). GMW are legally obliged to identify their clients and, in some cases, to conduct a client due diligence. For this purpose, we /they collect personal data, such as nationality, country of residence or establishment of the client, copy of identity document, Citizen Service Number, names of the beneficial owner (“UBO”) and whether that person or a person in close relationship is a politically exposed person (“PEP”). GMW are also required by sanctions laws and regulations to verify whether the client or – in short – a UBO, appears on national, international or European sanctions lists. For this purpose, we/they also collect personal data, such as the names of aforementioned persons, their date of birth and their country of residence. GMW collect and process these personal data only if and as far as GMW are required to do so by law. Clients are obliged to provide these personal data to GMW. If the client does not give GMW the personal data, GMW cannot and may not provide their services.
5. GMW retain the copy of the identity document and the Citizen Service Number for 5 years after the end of the client’s engagement. Personal data processed by GMW pursuant to the obligations under the AML are retained for 5 years after the business relationship has ended, the transaction has been executed or a transaction has been reported.
c. With whom do GMW share personal data?
6. Insofar as there is a legal obligation to do so, or insofar as this is necessary for the provision of services, GMW may provide their client’s personal data to third parties. These third parties may be: judicial authorities, the (lawyer) opposing party, bailiffs, expert, government agencies such as Tax Offices and UWVs, accountants, tax experts, notaries or other lawyers. These third parties are controllers and the processing of personal data by them is subject to the privacy statement of the relevant controller.
7. GMW may also share personal data with third parties that process such personal data on behalf of GMW, for example for file storage, debtor management or the maintenance and security of our/ their IT systems. These third parties process data only for the benefit of GMW and for no other purpose.
8. In principle, GMW will not process (or arrange for the processing of) personal data outside the European Economic Area, unless this is necessary in connection with specific legal services or because of a legal obligation. In the latter case, GMW will ensure appropriate safeguards to make sure that the transfer takes place in accordance with the applicable privacy legislation.
Which personal data do GMW collect and process, why and how long do GMW keep them?
9. GMW offers mediation as a service, including mediation specifically for employment and family law.
a. Implementing agreement with participants
10. If necessary for the mediation, GMW collect personal data which GMW receive from participants and/or which appear from public registers, such as the registers of civil status, registers of matrimonial property or registers of custody. Personal data that GMW collect and process include participants’ names, telephone numbers, details of addresses and email addresses. In addition, it may also be necessary to process civil status, family situation and financial data for the mediation. This may be important, for example, in connection with parentage law and family law consequences, including alimony obligations.
11. As part of the mediation, GMW may also ask mediation participants to provide personal data of children, such as names and dates of birth. GMW process these personal data under Article 6(1)(b) AVG for the purpose of executing the mediation agreement with both parties. Insofar as personal data concern other participants than the client himself/ herself, GMW process these data under Article 6(1) (f) AVG and GMW have a legitimate interest, because without data GMW cannot properly perform the role of mediator. If GMW process special personal data or criminal data, GMW may process these data because: (i) the data subject/ client has expressly disclosed such data, or (ii) the client has given express consent. The provision of these personal data is not required by law or contract. However, if these data are not provided, GMW cannot carry out the mediation, or may be less able to do so, or not perform their task the way they should.
12. GMW will keep clients’ files for 10 years after the mediation process has ended.
b. Legal obligation
13. GMW process a client’s identity document because the mediator is required by law to establish the identity of participants. Thereby, in case of legal proceedings at joint request, details of address and Citizen Service Number are also required to be provided to the court, otherwise the court cannot render judgment. GMW process these personal data only if there is a legal obligation. Providing these personal data is required by law. If a client does not provide these personal data, GMW cannot provide services and/or the court cannot pass judgment. GMW retain the copy of a client’s identity document and Citizen Service Number for up to 5 years after having received them.
c. With whom do GMW share personal data?
14. GMW will give a client’s Personal Data to the other participant(s) in the mediation and, to the extent necessary for the mediation, to a municipality (for registration in the registers), judicial authorities, accountants or tax specialists. GMW may further share Personal Data with third parties which process such Personal Data on our behalf, for example for file storage, maintenance and availability of our IT systems. These third parties are processors of ours and process the data only for our benefit and for no other purpose.
15. GMW will not process these personal data (or have them processed) outside the European Economic Area.
Which personal data do GMW collect and process, why and how long do GMW keep them?
16. In order to contact and maintain contact with applicants as part of the application process and to assess their suitability for the position they are applying for, GMW collect the personal data applicants have given to GMW, including: name, address, place of residence, telephone number, email address, CV, grade list, education, copy of diplomas, certificates, internship assessments. GMW process these data under Article 6(1)(f) AVG and GMW have a legitimate interest, because without these data they/we cannot assess the suitability of the applicant for the position and/or notify him/her of the progress of the application process.
17. Providing personal data is neither a legal obligation nor a necessary condition for entering into a contract. However, if personal data are not provided/ given GMW may not be able to consider the application. In any case, personal data will be deleted within eight weeks after the application process has been completed. If GMW wish to keep the data of the applicant in portfolio for a longer time, GMW will ask the applicant’s permission to do so. In such a case, GMW will retain his/her personal data for a period of up to one year after completion of the application procedure. The applicant can withdraw his /her consent at any time. This does not affect the lawfulness of the processing of personal data prior to the withdrawal of consent.
With whom do GMW share personal data?
18. GMW may share personal data with third parties which process such personal data on behalf of GMW, for example for the maintenance and availability of our/their IT systems. These third parties process the data only for the benefit of GMW and for no other purpose.
19. GMW will not process these personal data (or have them processed) outside the European Economic Area.
Which personal data do GMW collect and process, why and how long do we/they keep them?
20. Students can apply for an internship at GMW via our/their website or by email. For this, GMW would like to receive the name of the student, contact details, CV, motivation letter, grade list and any interest in a particular section of the firm. GMW process these data under Article 6(1)(f) AVG, and GMW have a legitimate interest, because without these data we/they cannot assess student’s suitability for the internship and/or inform him/her about the progress of the application process. Providing personal data is neither a legal obligation nor a necessary condition for entering into a contract. If personal data are not provided, GMW may not be able to process the application.
21. In any case, a student’s personal data will be deleted within eight weeks after the application process has been completed. If GMW wishes to keep a student’s data in our/their portfolio for longer time, they/we will ask their permission to do so. In such a case, GMW will keep a student’s personal data for a period of up to one year after completion of the application procedure. Consent can be withdrawn at any moment. This does not affect the lawfulness of the processing of personal data prior to the withdrawal of consent.
With whom do GMW share personal data?
22. GMW may share personal data with third parties which process such personal data on our/their behalf, for example for the maintenance and availability of our/their IT systems. These third parties are processors of ours/theirs and process data only for our/their benefit and for no other purpose. In addition, GMW may provide a student’s /applicant’s data to service providers we/they employ to the extent necessary for the organisation of student activities, such as caterers or tour operators.
23. GMW will not process these personal data (or have them processed) outside the European Economic Area.
What personal data do GMW collect and process, why and how long do they/we keep them?
24. GMW collect contact data (name, telephone number, address, email address, signature and any other data necessary for communication) of persons employed by a supplier or the supplier himself in order to maintain contact in the context of the execution and invoicing of products or services of our suppliers. GMW process these personal data according to Article 6(1)(b) or (f) AVG, as it is necessary to process these personal data for the performance of the agreement with our /their suppliers. There is no legal obligation to provide personal data. Providing personal data is, however, a necessary condition for entering into a contract and/or the performance thereof. GMW do not keep personal data longer than necessary, whereby we/they process personal data in a contract for up to 7 years after the end of the business relationship.
25. GMW may be legally obliged to collect and keep personal data of suppliers such as bank details, financial data and the country where a supplier is based. GMW process these personal data only if and for as long as there is a legal obligation.
With whom do GMW share personal data?
26. GMW may share personal data with third parties which process such personal data on our/their behalf, for example for the maintenance and security of our/their IT systems. These third parties are processors of ours/theirs and process data only for our benefit and for no other purpose.
27. GMW will not process these personal data (or have them processed) outside the European Economic Area.
What personal data do GMW collect and process, why and how long do GMW keep them?
a. News items and activities
28. People can register at www.gmw.nl (here after “the Website”) to receive news from us, such as newsletters. They can also register in order to participate in activities and seminars organised by GMW. GMW use their names and email addresses to send newsletters and invitations to activities. Optionally, people can also provide additional information, for example, about the company and position they have. However, this is not compulsory to receive the newsletter.
29. GMW process these personal data on the basis of readers’ consent as laid down in Article 6(1)(a) AVG. Consent may be withdrawn at any time. This can be done via the link in the newsletter or by contacting us using the contact details below.
30. To clients, GMW may send news or invitations to events or seminars without consent. GMW process these data under Article 6(1)(f) AVG and GMW has a legitimate interest to process personal data, as they are necessary for our business operations and the relationship with our clients. Clients are offered the opportunity (by GMW) to object to the processing prior to collection and with every communication.
31. GMW are not contractually or legally obliged to receive personal data from clients. If GMW do not receive personal data of clients, they/we cannot send clients newsletters or invitations to activities.
32. GMW use cookies on their website. A cookie is a small text file stored on a computer by a web browser. By continuing to use the website without adjusting its settings, the clients consent to our use of cookies.
33. GMW use cookies to personalise content and ads, provide social media features and analyse their/ our website traffic. GMW also share information about the way our site is used by our partners for social media, advertising and analysis. These partners may combine data with other information you have given them or information they have collected based on your use of their services.
34. Use of cookies can be blocked by adjusting the settings in your web browser. When using GMW’s website, a pop-up will appear. The popup allows you to withdraw or change your consent if necessary. However, this may affect the functioning of the website then.
35. GMW have taken appropriate technical and organisational measures to secure a client’s personal data against loss or any other form of unlawful processing. In addition, persons working at GMW’s are bound by confidentiality.
36. As a client, you have a number of rights:
37. This privacy statement was last changed/ altered on 24 October 2023. GMW may amend the privacy statement from time to time by publishing the amended version on our / their Website.
38. Do you have any questions about this privacy statement? If so, please contact us at:
GMW lawyers
Scheveningseweg 52
2517 KW The Hague
PO Box 85564
2508 CG The Hague
T +31 70 – 361 50 48
compliance@gmw.nl