Privacy & Cookies
“We, us, our” – Mangan O’Beirne Solicitors, Tony O’Beirne, Notary Public and Alan Wallace, Notary Public.
“Personal data” – Any information relating to an identified or identifiable individual.
“Controller” – The natural or legal person which determines the purposes and means of the processing of personal data.
When we use your personal data we are regulated under the General Data Protection Regulation (GDPR) which applies across the European Union and we are responsible as ‘controller’ of that personal data for the purposes of the GDPR. Our use of your personal data is subject to your instructions, the GDPR, other relevant Irish and EU legislation and our professional duty of confidentiality.
1. Who we are:
2. Why we process your personal data, the lawful basis for processing your personal data and who we share it with:
For our clients, we process personal data:
In order to provide you with legal advice.
To assist you with legal claims or legal proceedings.
To assist you with your legal rights.
To comply with statutory obligations.
The legal basis for the processing of your personal data is that it is necessary for the performance of a contract or court proceedings to which you are a party and on which you have sought our professional assistance.
Where we process special categories of personal data relating to you, e.g. health data that we may process in connection with a legal claim where we are acting on your behalf, our legal basis for processing will be that the processing is necessary for the establishment, exercise or defence of legal claims.
There may also be additional limited circumstances where our legal basis for processing with your consent (where we have sought it and you have provided it to us), in which case you can withdraw your consent at any time – see paragraph 6 below.
We share the personal data you provide with our practice management system provider in order to provide an efficient and cost effective service to you. We may also send you emails through our email service provider. Our practice management system provider and our email service provider may only process your personal data for the purpose of providing us with their services, and for no other purpose.
We may also share certain parts of this personal data with your barrister, doctor, engineer, surveyor or expert witness in the case of litigation (i.e. court work/claims) and with other solicitors, Banks, Insurance companies, the Revenue Commissioners, the Land Registry, Court offices, the Registry of Deeds, the Probate office for services including conveyancing, probate, commercial transactions and notarial acts. We may also share this information with our bankers where you request that we transfer to you funds held by us by means of electronic transfer.
3. How long your personal data will be kept
We will keep your personal data after we have finished advising or acting for you. We will do so for one of these reasons:
to respond to any questions, complaints or claims made by you or on your behalf;
to show that we treated you fairly;
to keep records required by law.
We will not retain your data for longer than necessary for the purposes set out in this policy. Different retention periods apply for different types of data. When it is no longer necessary to retain your personal data, we will delete it.
4. Information received from third parties and the source of that data
Some of the personal data which we hold concerning you has been provided to us by persons authorised by you to provide this information e.g. your bank, your employer, your doctors etc. or is freely available to us for download from the internet e.g. from the Property Registration Authority of Ireland (PRAI), the Companies Registration Office (CRO) etc.
5. Transfers of data outside the European Economic Area (EEA)
We shall not allow processing of your personal data to take place outside the EEA without your prior consent which you shall not unreasonably withhold, condition or delay.
We may allow processing to take place outside the EEA to provide services for you without your prior consent if absolutely necessary, and in accordance with our legal obligations arising.
6. Your rights relating to personal data
You have the following rights under the GDPR, in certain circumstances and subject to certain exemptions, in relation to your personal data:
Access – The right to be provided with a copy of your personal data.
Rectification – The right to require us to correct any mistakes in your personal data.
To be forgotten – The right to require us to delete your personal data - in certain situations.
Restriction of processing – The right to require us to restrict processing of your personal data - in certain circumstances, e.g. if you contest the accuracy of the data.
Data portability – The right to receive the personal data you provided to us, in a structured, commonly used and machine-readable format and/or transmit that data to a third party - in certain situations.
To object – The right to object: at any time to your personal data being processed for direct marketing (including profiling); in certain other situations to our continued processing of your personal data, e.g. processing carried out for the purpose of our legitimate interests.
Not to be subject to automated individual decision-making – The right not to be subject to a decision based solely on automated processing (including profiling) that produces legal effects concerning you or similarly significantly affects you.
In order to exercise any of the rights set out above, please contact us at the contact details in Paragraph 1 above.
If we are processing personal data based on your consent, you may withdraw that consent at any time and this right must be read in the light of paragraph 2 above. This does not affect the lawfulness of processing of such personal data which took place prior to its withdrawal.
If you are unhappy with how we process personal data, we ask you to contact us so that we can rectify the situation.
You may lodge a complaint with a supervisory authority. The Irish supervisory authority is the Data Protection Commission.
7. Requirement to process personal data
If you do not provide us with your personal data for the purposes described above, we cannot provide you with legal advice, represent you in legal proceedings or in any sale/purchase/mortgage of property. All of the information/personal data requested by us is necessary in order to represent you in the Court proceedings/property transfer/commercial transactions/notarial acts and advices in relation to wills, estate planning, probate, litigation, commercial transactions and notarial acts on which you wish to consult us.
8. Automated decision-making and profiling
We do not use any personal data for the purpose of automated decision-making or profiling.