Privacy policy - Lawyers and trainee lawyer

(version 10/06/2024)  

Your privacy is important for us.

All personal data that we obtain about you as a (trainee) lawyer at the Dutch Brussels Bar will be collected and processed in accordance with applicable data protection legislation, in particular the General Data Protection Regulation 2016/679 of 27 April 2016 (“GDPR”), as well as this privacy policy.

This privacy policy provides more information about the personal data that we process, why we process it, how we obtain the data, how long we keep the data and with whom we share it.

1. Identity and contact details

    1.  

The data controller for your personal data is the following legal entity:

Nederlandse Orde van Advocaten bij de Balie te Brussel (“Dutch Brussels Bar”)

Justice Center
Poelaertplein
1000 Brussels
Belgium
Company registration number 0248.012.469

The Dutch Brussels Bar also refers to its bodies, namely its Dean and Bar Council.

In case you have any questions regarding the processing of your personal data, you can always contact us:

  • via mail: to the abovementioned address, indicating “Privacy”; or
  • via e-mail: privacy@baliebrussel.be 

2. Purposes

We may process your personal data for one or more of the following purposes:

 

Internal organisation and administration Dutch Brussels Bar

 

Financial management

General corporate housekeeping

 

Elections

Litigation management

 

Access to the profession

 

Management of the register of lawyers

Management of list of trainee lawyers

 

Education

 

Continuing education

Trainee obligations

 

Professional education

 
 

Litigation

 

Disciplinary proceedings

Dispute resolution

 

Procedures such as disciplinary proceeedings

Assistance during searches

 

Financial control

 

Financial control

Anti-Money Laundering (AML) Compliance

 

Reports and advice

 

Reports and advice

 
 

Free legal aid

 

First-line legal assistance

Salduz assistance

 

Second-line legal assistance

 
 

Communication

 

Communication

Online search engines

 

Events

 

Seminars and events

 
 

Security

 

Access control and camera surveillance

 

Website

Website optimization

 

 

Below, you can find for each purpose the personal data that we process, why we process it, how we obtain the data, how long we keep the data and with whom we share it.

Access to the profession

a) Financial management

In the context of financial management, we may process your personal identification data (name, address, email address), financial data (bank account number), information about your membership with the Dutch Brussels Bar, and information about your profession and occupation (function, grade).

The processing of this personal data enables us to collect bar association fees, verify their payment, and arrange collective insurance. This is necessary for the financial management of the Dutch Brussels Bar.

The legal basis for the processing of your personal data is based on our task of public interest (Art. 6, §1, (e) GDPR) arising from the Judicial Code (Art. 443) and the Code of Ethics for Lawyers (Art. 145 et seq.).

We obtain this personal data directly from you when you submit a request for registration on the register or the list of trainee lawyers and when you pay your bar association fee.

For financial management purposes, we keep your personal data for up to 10 years after collecting the bar association fees.

We only share this personal data with third parties if necessary (bank and insurance institutions, provider of our accounting platform, professional liability insurer, disability insurer, solidarity fund, insolvency insurer, and other bar associations). Additionally, third parties with whom we collaborate for the storage and management of our data also have access to this personal data (DIPLAD and (other) IT providers).

b) Elections

For electoral purposes, we may process your personal identification data (name, address, email address), information about your membership with the Dutch Brussels Bar, information about your profession and occupation (function, grade), and your votes cast as an eligible voter. Additionally, if you are a candidate or resigning mandate holder, we may process information about your family composition (name of your spouse or partner, children, if included in your candidacy), your images, and any other data included in your candidacy.

The processing of this personal data enables us to organize the elections for the Dean and members of the Bar Council, representative of the trainee lawyers, and others. This organization includes, among other things, sending (electronic) communications and invitations to vote.

The legal basis for the processing of your personal data is based on our task of public interest (Art. 6, §1, (e) GDPR) arising from the Judicial Code (Art. 450 et seq. and Art. 491) and the Code of Ethics for Lawyers (Art. BR NL 104 et seq.). For images, the legal basis for processing personal data is based on your consent (Art. 6, §1, (a) GDPR).

We obtain this personal data directly from you when you submit a request for registration on the register or the list of trainee lawyers (eligible voter) or when you submit your candidacy (candidate or resigning mandate holder).

For the elections, we keep your personal data in your capacity as an eligible voter as long as you are registered as a lawyer on the register or on the list of trainee lawyers. In your capacity as a candidate mandate holder, we keep your personal data for up to 1 year after the eligible period, and in your capacity as a resigning mandate holder, we keep your personal data for up to 5 years after the end of your mandate.

We only share this personal data with other (third) parties with whom we collaborate for the elections (provider of the election platform and provider of our email platform; additionally, as a candidate or resigning mandate holder: eligible voters). Furthermore, third parties with whom we collaborate for the storage and management of our data also have access to this personal data (DIPLAD and (other) IT providers).

c) General corporate housekeeping

In the context of general corporate housekeeping, we may process your personal identification data (name, address, email address) in your capacity as a (trainee) lawyer, information about your membership with the Dutch Brussels Bar, information about your education and training ((reason for) interruption of trainee obligations, admission to registration on the register or the list of trainee laywers), and about your profession and occupation (function, grade). In your capacity as Dean or member of the Bar Council, we may process your personal identification data (name, address, email address), information about your membership with the Dutch Brussels Bar, and about your profession and occupation (function, grade).

The processing of this personal data is part of the internal organization of Dutch Brussels Bar, including the organization of the General Assembly, the Bar Council, and various committees (including the minutes in this regard). In your capacity as Dean or member of the Bar Council, these personal data also allow us to issue the necessary mandates and powers of representation.

The legal basis for the processing of your personal data is based on our task of public interest (Art. 6, §1, (e) GDPR) arising from the Judicial Code (Art. 454), the Regulation of the Order of Flemish Bars (Art. 5-6), and the Code of Ethics for Lawyers (Art. 38-39 et seq.).

We obtain this personal data directly from you either when you submit your request for registration on the register or the list of trainee lawyers or in the context of a meeting of the General Assembly, the Bar Council, and various committees ((trainee) lawyer), or when you nominate yourself (Dean or member of the Bar Council).

For the general corporate housekeeping purposes, we keep your personal data for up to 5 years after the dissolution of Dutch Brussels Bar.

We share this personal data exclusively with (third) parties in the context of our general corporate housekeeping (Flemish Bar Association, (other) lawyers and trainee lawyers, website developer and communication agency, provider of our email platform). In addition, third parties with whom we collaborate for the storage and management of our data also have access to this personal data (DIPLAD and (other) IT providers).

d) Litigation management

In view of managing disputes, we may process your personal identification data (name, address, email address, telephone number) and any other data relevant to the management of a (potential) dispute.

The processing of this personal data enables us to defend our legitimate interests in all forms of dispute resolution and to manage the administration thereof.

The legal basis for the processing of your personal data is based on our legitimate interest in safeguarding our (contractual and non-contractual, legal, and other) rights (Art. 6, §1, (f) GDPR).

We obtain this personal data either directly from you or indirectly from third parties.

For litigation management purposes, we keep your personal data for up to 5 year after the expiry of the deadline to appeal (longer if necessary, e.g. to comply with legal obligations) (plus a verification period of 1 year).

We only share this personal data with third parties with whom we cooperate in the context of our litigation management (external legal advisers) and with other parties if necessary (public authorities, court and police, bailiffs, collection agencies, bank and insurance institutions and our accounting firm). In addition, third parties with whom we collaborate for the storage and management of our data also have access to this personal data (DIPLAD and (other) IT providers).

Access to the profession

e) Management of the register of lawyers

For the management of the register of lawyers, we may process your personal identification data (name, address, email address, telephone number), financial data (bank account number, insurance), personal characteristics (date of birth, place of birth, gender, language, nationality), information about your membership with the Dutch Brussels Bar or any other bar, disciplinary sanctions and judicial data (certificate of good conduct), national registry number, images (photo on lawyer card), information about your education and training (certificate, diploma, university, degree), information about your profession and occupation (law firm, date of oath, registration on the register, career), and any other data about you as a lawyer provided to us in the context of your registration on the register (such as included in your trainee report, report from your trainee supervisor and section head, mandates, recognized trainee supervisor, email communication (e.g., in the context of a disciplinary file)). If you were previously on the register or the list of trainee lawyers, we may also process personal data that we processed during your traineeship or period on the register in the context of continuing education, professional training, trainee obligations, assistance during searches, financial control, and anti-money laundering compliance.

The processing of this personal data enables us to manage the register of lawyers (including EU and B-list). This includes, among other things, verifying admission requirements, handling requests for registration and removal of lawyers on the register (including processing the trainee supervisor/section head report, the report on pro bono services for trainee lawyers, notification of registration for foreign lawyers), managing mandates (including the reporting of the trainee supervisor), as well as administrative processes related to registration on the register (such as issuance of the electronic lawyer card), voluntary participation in committees within the Dutch Brussels Bar (such as the dispute resolution committee and judiciary advisory committee), supervision during bar exams, etc.

The legal basis for the processing of your personal data is based on our task of public interest (Art. 6, §1, (e) GDPR) arising from the Judicial Code (Art. 428 et seq.), the Directive 98/5/EC (Art. 3), and the Protocol between the Brussels Bar Associations and the American Bar Association of August 6, 1994. The legal basis for the processing of your national registry number is based on a legal obligation (Art. 6, §1, (c) GDPR) in the Judicial Code (Art. 434/1).

We obtain this personal data directly from you when you submit your request for registration on the register.

For the purposes of managing the register, we keep your personal data for up to 30 years after the conclusion of the judicial year in which you were removed from the register or the list of trainee lawyers.

The Flemish bar Association (Staatsbladsstraat 8, 1000 Brussels) and the Association of French and German-speaking Bars (Hoogstraat 139, 20, 1000 Brussels) are joint controllers for the processing of your personal data in the context of managing the register. If you have any further questions about this, please feel free to contact us using the contact information provided under IDENTITY AND CONTACT DETAILS.

We share this personal data exclusively with (third) parties with whom we collaborate in the context of managing the register (Flemish Bar Assoication, Association of French and German-speaking Bars, foreign bars (including other European bars and the American Bar Association)). In addition, third parties with whom we collaborate for the storage and management of our data also have access to this personal data (DIPLAD, and (other) IT and software providers).

f) Management of list of trainee lawyers

For the management of the list of trainee lawyers, we may process your personal identification data (name, address, email address, telephone number), financial data (minimum wage requirements check, bank account number, insurance), personal characteristics (date of birth, place of birth, gender, language, nationality), information about your membership with a bar, disciplinary sanctions and judicial data (certificate of good conduct), national registry number, images (photo on lawyer card), information about your education and training (diploma, university, degree), information about your profession and occupation (law firm, date of oath, and career), and any other data about you as a trainee lawyer provided to us in the context of your registration on the list of trainees (such as mandates and email communication (e.g., in the context of a disciplinary file)). If you were previously on the list of trainee lawyers, we may also process personal data that we processed during your traineeship in the context of continuing education, professional training, trainee obligations, assistance during searches, financial control and anti-money laundering compliance.

The processing of this personal data enables us to manage access to the legal profession. This includes, among other things, the registration on the list of trainee lawyers, including the formalities prior to taking the oath and administrative processes related to registration on the list of trainee lawyers (such as issuance of the electronic lawyer card) and handling requests for interruption of the traineeship by the Bar Council.

The legal basis for the processing of your personal data is based on our task of public interest (Art. 6, §1, (e) GDPR) arising from the Judicial Code (Art. 428 et seq.). The legal basis for the processing of your national registry number is based on a legal obligation (Art. 6, §1, (c) GDPR) in the Judicial Code (Art. 434/1).

We obtain this personal data directly from you when you submit your request for registration on the list of trainee lawyers.

For the purposes of managing the list of trainee lawyers, we keep your personal data for up to 30 years after the conclusion of the judicial year in which you were removed from the register or the list of trainee lawyers.

The Flemish Bar Association (Staatsbladsstraat 8, 1000 Brussels) and the Association of French and German-speaking Bars (Hoogstraat 139, 20, 1000 Brussels) are joint controllers for the processing of your personal data in the context of managing the list of trainee lawyers. If you have any further questions about this, please feel free to contact us using the contact information provided under IDENTITY AND CONTACT DETAILS.

We share this personal data exclusively with parties with whom we collaborate in the context of managing the list of trainee lawyers (Flemish Bar Association, Association of French and German-speaking Bars). In addition, third parties with whom we collaborate for the storage and management of our data also have access to this personal data (DIPLAD and (other) IT and software providers).

Education

g) Continuing education

In the context of continuing education for lawyers and trainee lawyers, we may process your personal identification data (name, address, email address), financial data (bank account number), information about your membership with the Dutch Brussels Bar, information about your education and training (certificate of the seminar, information about the training such as title, date, location, and points), information about your profession and occupation (function, grade), and audio recordings. In your capacity as a speaker, we may process your personal identification data (name, email address), financial data (bank account number), information about your membership with the Dutch Brussels Bar or other bar associations, and information about your profession and occupation (function, grade).

The processing of this personal data enables us to organize the continuing education for lawyers and trainee lawyers, such as organizing training sessions and tracking the corresponding bar points. This is necessary to regulate access to the profession.

The legal basis for the processing of your personal data is based on our task of public interest (Art. 6, §1, (e) GDPR) arising from the Code of Ethics for Lawyers (Art. 57) and the execution of the agreement with the speaker (Art. 6, §1, (b) GDPR).

We obtain this personal data directly from you, either when you submit a request for registration on the register or the list of trainee lawyers or when you present yourself for the first time as a speaker.

For the purposes of continuing education, we keep your personal data for up to 1 year after the conclusion of the judicial year in which you were removed from the register or the list of trainee lawyers. In your capacity as a speaker, we keep your personal data for up to 3 years after the end of the relevant seminar.

The Flemish Bar Association (Staatsbladsstraat 8, 1000 Brussels) is a joint controller for the processing of your personal data in the context of continuing education. If you have further questions about this, you can always contact us using the contact information provided under IDENTITY AND CONTACT DETAILS.

We only share this personal data with (third) parties with whom we collaborate in the context of continuing education (Flemish Bar Association, banks; additionally for lawyers/trainee lawyers: electronic payment provider, provider of our email platform; additionally for speakers: (potential) participants). Additionally, third parties with whom we collaborate for the storage and management of our data also have access to this personal data (DIPLAD, the provider of our document management platform, and (other) IT providers).

h) Professional training

In the context of the professional training of trainee lawyers, we may process your personal identification data (name, address, email address), information about your membership with the Dutch Brussels Bar, information about your education and training (attended courses, certificate, exam results), information about your profession and occupation (function, grade), and audio recordings. In your capacity as a teacher of the professional training, we may process your personal identification data (name, address, email address), financial data (bank account number), information about your membership with the Dutch Brussels Bar or other bar associations, information about your profession and occupation (function, grade), and audio recordings.

The processing of this personal data enables us to organize the professional training of trainee lawyers, specifically the organization of bar courses and exams (including deliberation). This is necessary to regulate access to the profession.

The legal basis for the processing of your personal data is based on our task of public interest (Art. 6, §1, (e) GDPR) arising from the Code of Ethics for Lawyers (Art. 40 et seq.) and the execution of the agreement with the teacher (Art. 6, §1, (b) GDPR).

We obtain this personal data directly from you when you register for the professional training or when you present yourself as a teacher.

For the purposes of the professional training and the regulation of access to the profession, we keep your personal data for up to 1 year after the conclusion of the judicial year in which you were removed from the register or the list of trainee lawyers. In your capacity as a teacher, we keep your personal data for as long as you are a teacher for the professional training program.

The Flemish Bar Association (Staatsbladsstraat 8, 1000 Brussels) is a joint controller for the processing of your personal data in the context of the professional training. If you have further questions about this, you can always contact us using the contact information provided under IDENTITY AND CONTACT DETAILS.

We only share this personal data with (third) parties with whom we collaborate in the context of the professional training (Flemish Bar Association; additionally for teachers: the trainee lawyers). Additionally, third parties with whom we collaborate for the storage and management of our data also have access to this personal data (DIPLAD and (other) IT providers).

i) Trainee obligations

In the context of the trainee obligations, we may process your personal identification data (name, address, email address), information about your membership with the Dutch Brussels Bar, information about your education and training (exam results, evaluations), and information about your profession and occupation (function, grade). In your capacity as a jury member at the moot court, we may process your personal identification data (name, address, email address), information about your membership with the Dutch Brussels Bar, and information about your profession and occupation (function, grade).

The processing of this personal data enables us to organize the trainee obligations, other than professional training, including sending communications, and to assess these obligations, such as participation in the moot court, attendance at the Dutch Brussels Bar events, and involvement in pro bono cases (including evaluation). This is necessary to regulate access to the profession.

The legal basis for the processing of your personal data is based on our task of public interest (Art. 6, §1, (e) GDPR) arising from the Code of Ethics for Lawyers (Art. 25-26).

We obtain this personal data directly from you when you submit a request for registration on the list of trainee lawyers or when you present yourself as a jury member at the moot court.

For the purposes of trainee obligations and the regulation of access to the profession, we keep your personal data in your capacity as a trainee lawyer for up to 1 year after the conclusion of the judicial year in which you were removed from the register or the list of trainee lawyers. In your capacity as a jury member at the moot court, we keep your personal data for as long as you are a jury member at the moot court.

The Flemish Bar Association (Staatsbladsstraat 8, 1000 Brussels) is a joint controller for the processing of your personal data in the context of trainee obligations. If you have further questions about this, you can always contact us using the contact information provided under IDENTITY AND CONTACT DETAILS.

We only share this personal data with (third) parties with whom we collaborate in the context of trainee obligations (Flemish Bar Association, provider of our email platform; additionally for trainee lawyers: jury members of the moot court). Additionally, third parties with whom we collaborate for the storage and management of our data also have access to this personal data (DIPLAD, provider of our document management platform, and (other) IT providers).

Litigation management

j) Disciplinary procedures

In the context of disciplinary procedures, we may process your personal identification data (name, address, email address, telephone number), financial data (third party account), information about your membership with the Dutch Brussels Bar, information about your education and training (continuing education), about your profession and occupation (function, grade), and possibly previous disciplinary sanctions or any other data related to a case in which you act or acted as a (trainee) lawyer. In your capacity as a representative, we may process your personal identification data (name, address, email address, and telephone number), information about your membership with the Dutch Brussels Bar or another bar association, information about your profession and occupation (function, grade), or any other data related to a case in which you act as a representative.

The processing of this personal data is part of a possible disciplinary procedure between you in your capacity as a (trainee) lawyer and a (former) client or (trainee) lawyer. The processing of this data enables us to assess the admissibility of the complaint, to decide on a possible referral of the complaint to the disciplinary board, to follow up on the Court Ban, or to report the complaint to a foreign bar. This is necessary to enforce disciplinary rules and ethics.

The legal basis for the processing of your personal data is based on our task of public interest (Art. 6, §1, (e) GDPR) arising from the Judicial Code (Art. 456 et seq.), the Directive 98/5/EC (Art. 7), and the Protocol between the Brussels Bar Associations and the American Bar Association of August 6, 1994. In the context of disciplinary proceedings, we may access the National Register based on Authorization no. 70/2014 to consult your private address.

We obtain this personal data either directly from you in the context of the disciplinary procedure or from your (former) client or (trainee) lawyer (or their representative) who filed the complaint. Additionally, it is possible that the Dean requests your data about your client account directly from the relevant financial institution (Art. 132 Code of Ethics). In your capacity as a representative, we obtain your personal data when you report your intervention as a representative of the complainant.

For the purposes of enforcing disciplinary rules and ethics, we keep your personal data for up to 30 years after the conclusion of the judicial year in which you were removed from the register or the list of trainee lawyers.

The Flemish Bar Association (Staatsbladsstraat 8, 1000 Brussels), the disciplinary board and the disciplinary appeal board are joint controllers for the processing of your personal data in the context of disciplinary proceedings. If you have any further questions about this, please feel free to contact us using the contact information provided under IDENTITY AND CONTACT DETAILS.

We share this personal data exclusively with parties with whom we collaborate in the context of disciplinary procedures (Flemish Bar Association, disciplinary board, disciplinary appeal board, and possibly the Deans of other bars, including foreign bars (including other European bars and the American Bar Association)). In addition, third parties with whom we collaborate for the storage and management of our data also have access to this personal data (DIPLAD, provider of our document management platform, and (other) IT providers).

k) Procedures such as disciplinary proceedings

In the context of procedures such as disciplinary proceedings, we may process your personal identification data (name, address, email address, telephone number), information about your membership with the Dutch Brussels Bar, disciplinary sanctions, information about your profession and occupation (function, grade), or any other data related to a disciplinary procedure that you as a (trainee) lawyer share to us (such as in the context of your defense).

The processing of this personal data enables us to organize procedures such as disciplinary proceedings, particularly when the Dean or the Bar Council of the Bar Association determines that there are grounds within the meaning of Art. 196 of the Code of Conduct to initiate such procedure. This is necessary to maintain disciplinary rules and ethics.

The legal basis for processing of your personal data is based on our task of public interest (Art. 6, §1, (e) GDPR) arising from the Code of Conduct for Lawyers (Art. 196 et seq.). In the context of disciplinary proceedings, we may access the National Register based on Authorization no. 70/2014 to consult your private address.

We obtain this personal data directly from you submit a request for registration on the register or the list of trainee lawyers in the context of disciplinary procedures.

For the purposes of enforcing disciplinary rules and ethics, we keep your personal data for up to 30 years after the conclusion of the judicial year in which you were removed from the register or the list of trainee lawyers.

The Flemish Bar Association (Staatsbladsstraat 8, 1000 Brussels) and the disciplinary appeal board are joint controllers for the processing of your personal data in the context of procedures such as disciplinary proceedings. If you have any further questions about this, you can always contact us using the contact details provided under IDENTITY AND CONTACT DETAILS.

We only share this personal data with parties with whom we collaborate in the context of procedures such as disciplinary proceedings (Flemish Bar Association, disciplinary appeal board (in case of appeal against decision)). In addition, third parties with whom we collaborate for the storage and management of our data also have access to this personal data (DIPLAD, provider of our document management platform and (other) IT providers).

l) Dispute resolution

With the aim of resolving a dispute between you and your (former) client or a dispute between you and another (trainee) lawyer, we may process, in your capacity as an involved (trainee) lawyer, your personal identification data (name, address, email address, telephone number), information about your membership with the Dutch Brussels Bar, information about your profession and occupation (function, grade), previous disputes concerning fees, or any other data related to a file in which you are involved. In case of disputes concerning fees, we may also process your financial data ( potential outstanding amount of owed fees, including a detailed statement of fees, in case of disputes concerning fees) and any correspondence with your (former) client. In your capacity as the lawyer representing the complainant, we may process your personal identification data (name, address, email address, and telephone number), information about your membership with the Dutch Brussels Bar or another bar association, information about your profession and occupation (function, grade), or any other data related to a file in which you act as the lawyer representing the complainant.

The processing of this personal data enables us to become aware of disputes (concerning fees) between a (trainee) lawyer and their (former) client (excluding disciplinary matters) and between lawyers themselves (e.g., procedural disputes and disputes regarding the submission of confidential correspondence), with the aim of reconciliation or mediation of such disputes. This includes, among other things, sending letters in the context of outstanding fees and any subsequent reconciliation/mediation procedures.

The legal basis for the processing of your personal data is based on our task of public interest (Art. 6, §1, (e) GDPR) arising from the Code of Conduct for Lawyers (Art. 14 BR NL et seq., 209 et seq., Art. 292).

We obtain this personal data in your capacity as the involved (trainee) lawyer either directly from you in the context of dispute resolution or from your (former) client or (trainee) lawyer (or their representative) who filed a complaint. In your capacity as the representative, we obtain your personal data when you report your intervention as the representative of the complainant.

For the purposes of dispute resolution, we keep your personal data for up to 10 years after the day the file was closed by us.

We only share this personal data with parties with whom we collaborate in the context of dispute resolution (Dean of another bar association and CCEB (EU list)). In addition, third parties with whom we collaborate for the storage and management of our data also have access to this personal data (the provider of our document management platform and (other) IT providers).

m) Assistance during searches

For the assistance of lawyers and trainee lawyers during searches, we may process your personal identification data (name, address, email address), information about your membership with the Dutch Brussels Bar, and information about your profession and occupation (function, grade), or any other data related to the search.

The processing of this personal data enables us to preserve the attorney-client privilege in the context of searches involving (trainee) lawyers.

The legal basis for processing of your personal data is based on our task of public interest (Art. 6, §1, (e) GDPR) arising from the Criminal Code (Art. 458).

We obtain this personal data from the investigating judge in the context of the search.

For purposes of this assistance during searches, we keep your personal data for as long as the investigation is ongoing and – in case of a criminal procedure – until any criminal case has been concluded.

We share this personal data with other third parties (court and law enforcement agencies) if necessary. In addition, third parties with whom we collaborate for the storage and management of our data also have access to this personal data (the provider of our document management platform and (other) IT providers).

Financial control

n) Financial control

In the context of financial control, we may process your personal identification data (name, address, email address), financial data (third-party account), information about your membership with the Dutch Brussels Bar, and information about your profession and occupation (function, grade).

The processing of this personal data enables us to exercise financial control over the members of the Dutch Brussels Bar, including verifying the equity of fees and approving third-party accounts on behalf of the Flemish Bar Association.

The legal basis for the processing of your personal data is based on our task of public interest (Art. 6, §1, (e) GDPR) arising from the Judicial Code (Art. 446ter) and the Code of Ethics for Lawyers (Art. 128 et seq.).

We obtain this personal data directly from you in the context of financial control. Additionally, the Dean has the possibility to directly request your third-party account information from the relevant financial institution (Art. 132 Code of Ethics).

For the purposes of financial control, we keep your personal data for up to 10 years after the collection of bar association fees.

The Flemish Bar Association (Staatsbladsstraat 8, 1000 Brussels) is a joint controller for the processing of your personal data in the context of financial control. If you have further questions about this, you can always contact us using the contact information provided under IDENTITY AND CONTACT DETAILS.

We only share this personal data with parties with whom we collaborate in the context of financial control (Flemish Bar Association). Additionally, third parties with whom we collaborate for the storage and management of our data also have access to this personal data (DIPLAD, provider of our document management platform, and (other) IT providers).

o) Anti-Money Laundering (AML) Compliance

In the context of anti-money laundering compliance, we may process your personal identification data (name, address, email address), information about your membership with the Dutch Brussels Bar, information about your profession and occupation (function, grade), and any other data processed about you as a (trainee) lawyer in the context of anti-money laundering compliance (such as financial data).

The processing of this personal data enables us to (i) handle your reports as a (trainee) lawyer regarding (potential) money laundering activities of clients or third parties, in accordance with the Law of 18 September 2017 on the prevention of money laundering and terrorist financing and the limitation of the use of cash, and (ii) to supervise you as a (trainee) lawyer regarding the application of anti-money laundering legislation in accordance with the Regulation of the Flemish Bar Association concerning supervision of compliance with the law on the prevention of money laundering and terrorist financing and the limitation of the use of cash to be adopted by the Deans.

The legal basis for the processing of your personal data is based on a legal obligation (Art. 6, §1, (e) GDPR) in the Law of 18 September 2017 on the prevention of money laundering and terrorist financing and the limitation of the use of cash (Art. 52 §1 and 85).

We obtain this personal data directly from you when you report a (potential) money laundering activity of clients or third parties or in the context of supervising compliance with anti-money laundering compliance legislation. Additionally, it is also possible that we receive your personal data from the client or third party suspected of a (potential) money laundering activity.

For the purposes of anti-money laundering compliance, we keep your personal data for as long as the investigation is ongoing and – in the case of a criminal procedure – until any criminal case has been concluded.

We only share this personal data with (third) parties with whom we collaborate in the context of anti-money laundering compliance (Flemish Bar Association, Financial Intelligence Processing Unit, and other bar associations). Additionally, third parties with whom we collaborate for the storage and management of our data also have access to this personal data (the provider of our document management platform and (other) IT providers).

Reports and advice

p) Reports and advice

In the context of reports to and advice from the Dean, we may process your personal identification data (name, address, email address), information about your membership with the Dutch Brussels Bar, judicial data (criminal complaint), political opinions (political affiliation), information about your profession and occupation (side activities, judiciary, board mandates), and any other data necessary depending on the type of advice/report.

The processing of this personal data enables us to (i) receive legally or ethically mandated reports to the Dean and (ii) provide advice or, in order to make a decision, prepare a request. The latter includes requests for advice to the Flemish Bar Association. It may include advice/reports regarding the appointment of a magistrate (request via the FPS Justice), disclosure of the lawyer’s side activities, fee disputes, secondment, establishment of or joining an association/group/network, making a statement to the media, initiating proceedings against a colleague, magistrate, notary, bailiff, etc.

The legal basis for the processing of your personal data is based on our task of (substantial) public interest (Art. 6, §1, (e) and 9, §2 (g) GDPR) arising from the Judicial Code (Art. 495) and the Code of Ethics for Lawyers (Art. 12-15, 23 109-110, 152, 158, 164, 172-175, 184, etc.).

We obtain this personal data directly from you when you make a report to the Dean or request an advice from the Dean, or via a third party who provides information about you to the Dean in the context of such a report or advice.

For the purposes of these reports and advice, we keep your personal data for up to 5 years after the dissolution of the Dutch Brussels Bar. The reports contain little or no personal data.

We only share this personal data with (third) parties with whom we collaborate in the context of these reports and advice (Flemish Bar Association, Minister of Justice, corps commander, and disciplinary authority). Additionally, third parties with whom we collaborate for the storage and management of our data also have access to this personal data (the provider of our document management platform and (other) IT providers).

Free legal aid

q) First-line legal assistance

For first-line legal assistance, we may process your personal identification data (name, address, email address), information about your membership with the Dutch Brussels Bar, and about your profession and  position (function, rank). In your capacity as section head, we additionally process financial data (bank account number), information about your education and training (continuing education), disciplinary sanctions and judicial data (certificate of good conduct), and any other data you submit in the context of your application as section head.

The processing of this personal data enables us to organize (section) meetings with legal aid seekers, including handling requests for decentralization, to communicate the (holiday) calendar of the (section) meeting, to keep attendance lists of trainee lawyers for reporting under the trainee obligations, to appoint a section head (including handling applications), to evaluate and to pay the compensation as section head, etc.

The legal basis for the processing of your personal data is based on our task of public interest (Art. 6, §1, (e) GDPR) arising from the Judicial Code (Art. 508/5).

We obtain this personal data directly from you when you submit a request for registration on the list of trainee lawyers or when you submit your application as section head.

For the purposes of first-line legal assistance, we keep your personal data in your capacity as a trainee lawyer as long as you participate in the section meetings. In your capacity as section head, we keep your personal data as long as you are a section head in the context of first-line legal assistance.

We only share this personal data with parties with whom we collaborate in the context of first-line legal assistance (the provider of our email platform; additionally, in your capacity as section head: members of the section meeting). In addition, third parties with whom we collaborate for the storage and management of our data also have access to this personal data (DIPLAD and (other) IT providers).

r) Second-line legal assistance

For second-line legal assistance, we may process your personal identification information (name, address, email address, telephone number), identification data issued by the government (company registration number, national identification number), financial information (bank account number, third-party account), information about your membership with the Dutch Brussels Bar, information about your education and training (continuing education, specialized training in youth law, specialized training in Salduz), information about your profession and occupation (function, grade), or any other data related to your assistance (such as performances, travel, and supporting documents).

The processing of this personal data enables us to organize second-line legal assistance for the legal aid recipient (including second-line legal assistance under the framework of Salduz). This includes, amongst other things, managing the application form at the Legal Aid Office for the appointment of a pro bono lawyer for the purpose of verifying eligibility criteria, closing files for the purpose of checking performances in line with the nomenclature, assisting the Flemish Bar Association in the payment of pro bono fees, providing advice to (trainee) lawyers (such as requests for exemption), assisting the Flemish Bar Association in generating statistics, etc.

The legal basis for the processing of your personal data is based on our task carried out in the public interest (Art. 6, §1, (e) GDPR), arising from the Judicial Code (Art. 508/7 et. seq. Judicial Code).

We obtain these personal data either directly from you when you submit a request for registration on the list of trainee lawyers or the list for legal second-line assistance. Your national registry number is processed based on Authorization no. 70/2014.

For the purposes of second-line legal assistance, we keep your personal data for up to 7 years following the year of the closure of the file or payment.

The Flemish Bar Association (Staatsbladsstraat 8, 1000 Brussels) and the Association of French and German-speaking Bars (Hoogstraat 139, 20, 1000 Brussels) are joint controllers for the processing of your personal data in the context of second-line legal assistance. If you have any further questions regarding this matter, you can always contact us using the contact information provided under IDENTITY AND CONTACT DETAILS.

We only share this personal data with (third) parties when necessary (Flemish Bar Association, Association of French-speaking Bars, courts and public authorities, legal expenses insurer in the context of a legal dispute). Additionally, third parties with whom we collaborate for storage and management of our data also have access to this personal data (DIPLAD and other IT providers).

s) Salduz assistance

For Salduz assistance, we may process your personal identification data (name, address, email address, telephone number), personal characteristics (language), information about your membership with the Dutch Brussels Bar, information about your education and training (special training in juvenile law, special Salduz training, preferred areas of expertise), information about your profession and occupation (position, rank), or any other data you provide us in the context of Salduz assistance (such as availabilities).

The processing of this personal data enables us to organize the Salduz assistance for suspects of a crime punishable by imprisonment who are not deprived of their liberty (category 3) and suspects who are deprived of their liberty (category 4). This includes organizing sufficient lawyers through permanence per police zone for the initial interview of these legal aid seekers, the summoning and appointment of lawyers through permanence for the first interview of minors suspected of a crime punishable by imprisonment but not deprived of their liberty or in case the web application does not find an available lawyer, consulting a case file (e.g., in the context of an investigation), generating aggregated reports and statistics (e.g., availabilities, permanence overview).

The legal basis for the processing of your personal data is based on our task of public interest (Art. 6, §1, (e) GDPR) arising from the Judicial Code (Art. 495 and 508/7).

We obtain this personal data directly from you when you register via the Salduz web application or indirectly from the Flemish Bar Association regarding any specializations.

For the purposes of Salduz assistance, we keep your personal data for up to 10 years either after you have been removed from the Salduz list or after the last Salduz file has been closed.

The Flemish Bar Association (Staatsbladsstraat 8, 1000 Brussels) and the Association of French and German-speaking Bars (Hoogstraat 139, 20, 1000 Brussels) are joint controllers for the processing of your personal data in the context of Salduz assistance. If you have any further questions about this, you can always contact us via the contact details provided under IDENTITY AND CONTACT INFORMATION.

We only share this personal data with (third) parties with whom we collaborate in the context of Salduz assistance (Flemish Bar Association, Association of French and German-speaking Bars). In addition, third parties with whom we collaborate for the storage and management of our data also have access to this personal data (DIPLAD and (other) IT providers). For their specific tasks, certain third parties also have access to all or part of the aforementioned personal data (police and special inspection services, office of investigating judge and/or the call center).

Communication

t) Communication

In view of our communications, we may process your personal identification data (name, address, email address).

The processing of this personal data enables us to send communications to (trainee) lawyers registered with the Dutch Brussels Bar via email and on the website. These communications relate to, but are not limited to, the Word from the Dean, obituaries, opening hours, trainings organised by the Institute for Continued Education of the Dutch Brussels Bar, information messages (such as regarding special security measures or recordings for “The Court”), etc.

The legal basis for the processing of your personal data is based on the legitimate interest of the Dutch Brussels Bar and the broader professional group to share and receive relevant information for the practice of the profession (Art. 6, §1, (f) GDPR).

We obtain this personal data directly from you either upon your request for registration on the register or the list of trainees.

For the purposes of these communications, we keep your personal data as long as you are registered on the register or the list of trainees. In your capacity as an honorary lawyer, we keep your personal data until your passing.

We only share this personal data with third parties with whom we collaborate in the context of these communications (the provider of our email platform, website developer, and communication agency). Additionally, third parties with whom we collaborate for the storage and management of our data also have access to this personal data (DIPLAD and (other) IT and software providers).

u) Online search engines

In the context of online search modules, we may process your personal identification data (name, address, email address, telephone number), information about your membership with the Dutch Brussels Bar, and information about your profession and occupation (function, grade).

We process your personal data to verify the correctness of your data prior to being published by the Flemish Bar Association as part of various search modules on the website advocaat.be and on the private platform for lawyers, including “Find a Lawyer,” “Substitute Services,” and “Free Legal Advice.”

The legal basis for the processing of your personal data is based on our legitimate interest to ensure that the correct personal data are published (Art. 6, §1, (f) GDPR).

We obtain this personal data directly from you when you request registration on the register or the list of trainees.

For the purposes of the above-mentioned verification, we keep your personal data as long as you are registered on the register or the list of trainees.

The Flemish Bar Association (Staatsbladsstraat 8, 1000 Brussels) is a joint controller for the processing of your personal data in the context of the online search modules. If you have further questions about this, you can always contact us using the contact information provided under IDENTITY AND CONTACT DETAILS.

We only share this personal data with parties with whom we collaborate in the context of these online search modules (Flemish Bar Association). Additionally, third parties with whom we collaborate for the storage and management of our data also have access to this personal data (DIPLAD and (other) IT providers).

Events

v) Seminars and events

In the context of seminars and events, we may process – in your capacity as a participant – your personal identification data (name, address, email address), financial data (bank account number), information about your membership with the Dutch Brussels Bar, information about your education and training (certificate of the seminar, information about the attended training such as title, date, location, and points), information about your profession and occupation (function, grade), and audio recordings. In your capacity as a speaker, we may process your personal identification data (name, email address), financial data (bank account number), information about your membership with the Dutch Brussels Bar or another bar association, and information about your profession and occupation (function, grade).

The processing of this personal data enables us to organize seminars (such as through the Training Institute for Lawyers) and social and cultural events (such as the swearing-in ceremony, memorial services, etc.). The images taken during the seminar or event allow us to communicate about it through our website and social media.

The legal basis for the processing of your personal data is based on the conclusion or performance of the agreement to participate in the seminar or event (Art. 6, §1, (b) GDPR). When we take targeted images of you during a seminar or event and wish to share them on our website and social media, we will ask your consent for this purpose (Art. 6, §1, (a) GDPR).

We obtain this personal data directly from you when you register on the register or list of trainees or in the context of your participation in the seminar or event.

For the purposes of these seminars or events, we keep your personal data for up to 7 years after the end of the seminar or event.

We only share this personal data with (third) parties with whom we collaborate in the context of these events (electronic payment provider, banks, website developer, and communication agency, other bar associations; additionally, as a speaker: (potential) participants). Furthermore, your personal data is shared with JABkes and VPG so that they can also invite you to their activities and events, such as the Opening. Additionally, third parties with whom we collaborate for the storage and management of our data also have access to this personal data (DIPLAD and (other) IT providers).

Security

w) Access control  and camera surveillance

The Legal Aid Office is equipped with camera surveillance. When you enter, camera images of you are recorded. Additionally, we also process your image when you use our intercom at the entrance of the Legal Aid Office.

The camera surveillance solely aims to ensure safety within the Legal Aid Office, to prevent thefts, and to handle crimes, conflicts, damages, and other accidents. The intercom is used to identify you.

The legal basis for processing of your image recordings is based on our legitimate interest to ensure the safety of our employees, lawyers, and visitors (Art. 6, §1, (f) GDPR). The presence of camera surveillance is clearly indicated at the Legal Aid Office with the familiar icon.

We obtain this personal data directly from you at the entrance of the BJB and/or through the use of our intercom.

The camera images are kept for a maximum of 30 days, unless we need them longer period as evidence in incidents. The image recordings via the intercom are not stored.

We only share the camera images with the police and the court when necessary. In case of any loss or damages, the images may also be passed on to our insurance institutions, lawyer, experts or other involved parties. Additionally, third parties with whom we collaborate for the storage and management of our data have access to these camera images (IT providers). The image recordings via the intercom are not shared with third-party recipients.

Website

x) Website optimisation and security

When you visit and/or use our website, we process your personal identification data (IP address and cookies).

The processing of this data allows us to offer a well-functioning and user-friendly website, to secure our website against spam, to improve your browsing experience on our website and to better tailor the website to your preferences.

The legal basis for placing essential and functional cookies  is our legitimate interest to provide a well-functioning and user-friendly website (Art. 6.1 (f) GDPR). Analytical cookies (e.g. to improve website performance) will only be placed if you have given your consent (for more information, see our Cookie Policy).

We obtain this personal data directly from you.

The expiration date varies per cookie and you can change your cookie preferences at any time (for more information, see our Cookie Policy).

We only share this personal data with IT and software providers with whom we cooperate for the administration of our website. The providers of third party cookies may also have access to your personal data. 

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3. Security

We have implemented appropriate technical and organizational measures to ensure the confidentiality of your personal data and to protect your data from accidental and unlawful destruction, loss, alteration, unauthorized disclosure and access.

We have made the necessary contractual arrangements with the third parties with whom we work together and will not transfer your personal data outside the European Economic Area without ensuring that your data is granted an equivalent level of protection there.

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4. Rights 

You can always contact us to exercise the following rights:

  • the right to withdraw your consent;
  • the right to access or rectification of your personal data;
  • the right to erasure of your personal data;
  • the right to restrict the processing of your personal data;
  • the right to object to the processing of your data;
  • a complaint if you believe that we are not acting in accordance with applicable data protection laws. You can also submit a complaint to the Belgian Data Protection Authority.

You can reach us via one of the following channels:

  • via post: to the abovementioned address (attn. Privacy); or
  • via e-mail: privacy@baliebrussel.be.

We respect all rights relating to your personal data to which you are entitled under applicable law.

For those purposes for which the legal basis for the processing of personal data is a legitimate interest, you may exercise your right to object at any time, stating the reasons relating to your particular situation (for more information, see PURPOSES). The Dutch Brussels Bar will cease the processing of your personal data, unless it deems that there are compelling legitimate grounds for the processing which override the interests, rights, and freedoms you assert.

For identification purposes, we may ask you for further information or a copy of the front side of your identity card.

4. Updates 

This privacy policy may be amended from time to time, within the limits of the applicable data protection laws. Via our website you always have access to the most recent version.