Data Protection Information
- Wiltschek Plasser Rechtsanwälte, Rotenturmstraße 16-18, A-1010 Vienna (phone: +43 1 513 80 80 0; office@wiip.at), are responsible for processing your personal data. Wiltschek Plasser Rechtsanwälte is a civil law association (Gesellschaft bürgerlichen Rechts) of the two partners Mag.Dr. Lothar Wiltschek and Dr. David Plasser. Mag.Dr. Lothar Wiltschek and Dr. David Plasser decide jointly on the means and purposes of the processing of all personal data which accrue in the course of business of the law office. For this reason each of them is responsible for the compliance with data protection rules, in particular for providing information as required by data protection law, and to take care of the rights of the persons concerned by the law office’s data processing. Such concerned persons can thus contact both Mag.Dr. Lothar Wiltschek and Dr. David Plasser with their data protection queries.
- We process personal data which we have received in the course of an attorney-client relationship or in connection therewith (for example, personal particulars and contact details). In addition, we process data which we have legitimately received from publicly available sources (such as the companies register, the trade mark register, the land register or the media). Furthermore, personal data derived from the fulfilment of our contractual duties in relation to our clients (e.g. personal data in pleadings, documentary data like meeting minutes or billing data) and personal data generated due to our compliance with legal and regulatory obligations are processed.
- All personal data mentioned in point 2 are processed by us to answer requests and to be able to fulfil mandates granted by our clients (GDPR Art 6 (1) (b)). In addition, we process all data which are necessary for compliance with legal obligations to which we are subject to (GDPR Art 6 (1) (c)). Furthermore, we process personal data the processing of which is necessary for the purposes of the legitimate interests pursued by us or by a third party (GDPR Art 6 (1) (f)), namely for the prevention of fraud, malpractice and money laundering, for the analysis of the wishes and needs of our clients, for optimising our services, for the transmission of information on legal topics to our clients, for reviewing complaints, for enforcing or defending our rights and for the protection of our employees, clients and our property.
- As attorneys-at-law we are obliged to keep all information confidential which we receive from our clients and which we otherwise get to know in the course of our profession. We have imposed this duty of confidentiality upon all our employees and an IT-service provider with seat in Austrian which regularly maintains our IT-equipment and software. All data which we collect for a client in a particular matter can be transmitted to this client. Our clients may be located outside the European Economic Area (EEA) or may process personal data there. The level of data protection in such third countries might possibly be not the same as within the EEA. If the European Commission has not decided that there is an adequate level of data protection in such a third country or if there is no other legal justification for the transfer in such a third country, we will take measures (such as the conclusion of so-called standard contractual clauses) which safeguard that all recipients have an adequate level of data protection and on request to office@wiip.at you can get further information in this regard. Our tax advisor who is subject to a statutory duty of confidentiality only receives our invoices and the date of their payment for keeping our accounts. We also use Microsoft-online services.To other recipients personal data are basically only disclosed with the consent of our clients.
- If and to the extent necessary, personal data will be stored by us for the duration of the ongoing attorney-client relationship (from the initiation to the fulfilment phase until the end of the mandate). As long as there are statutory retention and storage duties (for example, in particular pursuant to the Austrian Attorneys’ Code [Rechtsanwaltsordnung], the Undertakings Act [Unternehmensgesetzbuch] and the Federal Revenue Code [Bundesabgabenordnung]) and as long as this is required in a given case for enforcing or defending our rights due to the applicable statute of limitation.
- Under the statutory requirements you are entitled to request from us access to rectification or erasure of your personal data, restriction of their processing, to object to their processing, to make use of your right of data portability and/or to lodge a complaint with a supervisory authority (in particular the Austria Data Protection Authority, Barichgasse 40-42, A-1030 Vienna).
- You are not obliged to enter into a mandate with us and therefore you do not have to provide any personal data before entrusting us with a mandate. If you do not provide us with all the data necessary for the conclusion or the proper fulfilment of the mandate, we will not accept the mandate or terminate an already existing mandate. Other persons can be obliged pursuant to statutory provisions (for example, if there are statutory rights to information or accounting) applicable in given cases to transmit to us personal data in our function as our clients’ legal representatives.
- We do not use automated decision-making including profiling referred to in Art 22 (1) and (4) GDPR.
12 July 2022
PDF: Data Protection Information Wiltschek Plasser Rechtsanwälte, english (37KB), 12 July 2022