1. Data protection at a glance
Who is the controller of processing your data?
Andreas Fuss Abogado & Rechtsanwalt
Which categories of data do we process?
Most of the data is collected and processed automatically by our IT systems when you visit our web site. These are essentially access and technical data (for instance, the internet browser you use, your operating system or the date and time of your visit), and your IP address.
Furthermore, we may process specific data when you contact us outside this web site. This can be master data, contact details or contents that you provide us, for example, when you send us an inquiry by email.
For what purpose do we use these data?
A part of the data we need to provide and optimize this web site, for security measures and for statistical purposes.
The data that you provide us when sending an inquiry, is used to identify you, to answer your request and to comply with our legal and professional obligations (for example, to check and avoid a possible conflict of interests or to safeguard the professional secrecy we are subject to).
On what basis do we process your data?
When you visit our web site we process your personal data for the purpose of our legitimate interest in providing and optimizing this website and its security.
When you make an inquiry outside the use of this website, for example by sending us an email, we process your data on the basis of our legitimate interest in answering your request, taking the necessary steps prior to entering a contract and/or complying with of our legal and professional obligations. Exceptionally it may be necessary your consent that we then request separately and prior to processing your data.
Who receives your data?
The recipient of your data is the controller. Without prejudice to statutory obligations your personal data will not be transmitted to third parties.
What rights do you have relating to your data?
You have the right to be informed free of charge of where your personal data is collected, who are the recipients, what are the purposes of the processing, and to access your data. Furthermore, you have the right to rectification, to restriction of processing, and erasure. You have moreover the right to data portability, to object and other rights. More detailed information is given below in the additional information following this overview.
However, if you have any question relating to data protection and your data, please do not hesitate to contact us. Besides, you have the right to lodge a complaint with a supervisory authority.
Where do you find further information?
2. General information
The controller of data processing is the provider of this web site. This is:
Andreas Fuss Abogado & Rechtsanwalt
Carrer de Casp, 54 principal 1ª B
08010 Barcelona, Spain
T +34 93 165 14 49 I F +34 93 550 42 44
E info(at)leywerk.es I www.leywerk.es
Contact relating to data protection: rgpd(at)leywerk.es
For further information about our law firm and the controller, please see the Legal Notice of this web site.
3. Processing of data on our web site
Processing of data when accessing this web site
When you visit our web page you transmit (for technical reasons) via your internet browser certain data to our web server. We or our hosting provider collect some of this data on each access to this website and store it in so-called server log files. This information includes:
• Name of the visited website
• Date and time of the visit
• Amount of data transferred
• Information of successful retrieval
• Browser type and version
• Operating system of the user
• Referrer URL (the previously visited page)
• IP address and
• the requesting internet service provider (ISP).
Not all of this data is personal. In fact, only the IP address is considered personal data. The abbreviation IP stands for internet protocol. The IP address is a numerical label assigned to each device connected to a computer network. This allows the location of the device within the network. This is a basic requirement for our computers to “talk” to each other and exchange information. Or to put it in other words, the IP address is to some extent comparable to a phone number and this website cannot be used without providing your IP address.
Your IP-Adresse is stored anonymously. The remaining information of the log file is not related to personal data. Hence, it is not possible to identify the user or to create user profiles.
We process the data to provide and optimize this website, for security measures (for example, to investigate and prevent abuse or fraud) and for statistical purposes.
The data is processed automatically. Without prejudice to mandatory regulations, we store the log files for a maximum of seven (7) days and we then delete them. Data whose retention is necessary for evidence (for example, in the event of misuse or fraud), may not be deleted until the incident has been clarified.
The legal basis for processing of this data is our legitimate interest, which results from its purpose.
Processing of data when contacting us
This website does not provide any web forms to contact us for safety reasons and protection of your data.
However, you can of course contact us outside of using this website. In this case, we may process the following personal data, for example, when sending us an inquiry by email, fax, telephone or post:
We process this information only to the necessary extent to handle and to answer your request, as well as to comply with our legal and professional obligations.
The data can be processed automatically. We do so, for example, if you send us an email, otherwise we would not be able to receive, read, and answer your email.
We process this data to identify you; to process and answer your request; to perform the requested steps prior to entering a contract (for example, to send you a quotation or to inform you about our services and fees) and to comply with our legal and professional obligations, for example, to check and avoid a potential conflict of interest, to ensure the maintenance of the lawyer's secret or to comply with our obligations to prevent money laundering and to fight terrorism, etc..
The legal basis of processing your data is to take steps at your request prior to entering into a contract, to comply with our legal and professional obligations and to satisfy our legitimate interests in answering your request. Exceptionally it may be necessary your consent that we then request from you separately and prior to processing your data.
Contacting us and transmitting us your personal data is of course voluntary. However, if you contact us or if you request us that we contact you, we must at least collect and process the necessary contact details to do so. Otherwise, we cannot receive, process, and answer your request.
4. Legal basis of processing
We inform about the respective legal basis of processing in the information on the processing of the different categories of data on this website. In summary, these are the following:
When visiting this website
Article 6.1 f) GDPR when processing is necessary for the purposes of our legitimate interests
When contacting us outside of this website (for example, by email, phone, fax or post)
Article 6.1 b) GDPR for taking steps at your request prior to entering into a contract
Article 6.1 c) GDPR for compliance with the above mentioned legal obligations to which we are subject
Article 6.1 f) GDPR for the purposes of our legitimate interests in answering your request
Otherwise, we process your data only with your explicit consent according to article 6.1 a) GDPR, which in this case you must give us separately and in advance before the request can be processed.
GDPR is the abbreviation for the General Data Protection Regulation set out in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of data and repealing Directive 95/46/EC. In this regulation, you can find further information on data protection and your rights.
5. Recipients of the data
The personal data processed will be treated confidentially. The data is intented for our law firm, i.e. the controller of the processing. Without prejudice to statutory obligations, the data will not be transmitted to third parties.
Furthermore the collected data - personal or not - will be processed only in Spain or the European Union or the European Economic Area. It is not intended to be transferred to third countries or international organizations.
6. Rights of the data subject
You have the following rights concerning the personal data processed by us, which are more specifically set out in the European General Data Protection Regulation (GDPR) and the Spanish Data Protection Act (Organic Law 3/2018 of 5 December, in short LOPD-GDD):
Right of access
You have the right to obtain confirmation as to whether or not personal data concerning you are processed, and, where that is the case, access to those data. Furthermore, you have the right to obtain a copy of the personal data undergoing processing (articles 16 GDPR and 13 LOPD-GDD).
Right to rectification
You have the right to obtain without undue delay the rectification of inaccurate personal data concerning you and the right to have incomplete data completed, including by means of providing a supplementary statement (articles 16 GDPR and art. 14 LOPD-GDD).
Right to erasure
You have the right to obtain the erasure of personal data concerning you without undue delay where one of the following grounds applies: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent on which processing is based, and where there is no other legal ground for the processing; you object to the processing as stated below or you don't desire direct marketing; the personal data have been unlawfully processed; the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which we are subject; the personal data have been collected in relation to the offer of information society services (articles 17 GDPR and art. 15 LOPD-GDD).
Right to restriction of processing
You have the right to obtain from the controller restriction of processing where the accuracy of the personal data is contested by you; the processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead; we no longer need the personal data for the purposes of the processing, but they are required by you for the establishment, exercise or defense of legal claims or you have objected to the processing (articles 18 GDPR and 16 LOPD-GDD).
Right to portability
You have the right to receive the personal data concerning you, which you have provided, in a structured, commonly used and machine readable format and to transmit those data to another controller without hindrance, where the processing is based on your consent and on a contract and the processing is carried out by automated means (art. 20 GDPR, art. 17 LOPD-GDD).
Right to lodge a complaint
If you have questions or a complaint do not hesitate to contact us. Furthermore, you have the right to lodge a complaint with a supervisory authority, in particular in the place of your habitual residence, place of work or place of alleged infringement, if you consider that the processing of personal data relating to you infringes the General Data Protection Regulation (GDPR) (art. 77 GDPR). The responsible supervisory authority for the place of our law firm ist the Agencia Española de Protección de Datos, C/ Jorge, 6, 28001 Madrid, Spain.
Right of withdrawal
You have the right to withdraw your consent at any time with effect for the future (article 7.3 GDPR).
Right to object
You have the right to object, on grounds relating to your particular situation, at any time to processing of personal data concerning you which is based on purposes of the legitimate interests pursued by us or by a third party or for the performance of a task carried out the public interest or in the exercise of official authority vested in us. Where you object to processing for direct marketing purposes, the existence of grounds relating to your particular situation is not necessary (articles 21 GDPR and 18 LOPD-GDD).
Excercise of rights
If you wish to make use of your rights, please send us an email to rgpd(at)leywerk.es or let us know otherwise. However, you can tell us this also otherwise under our contact details as above. If you have any questions, please do not hesitate to contact us by phone.
7. Additional information
Provision of the data
Providing personal data is voluntary. However, if you wish to use this website or contact us or wish us to contact you, you must at least provide us with the personal data required for this purpose. Otherwise, you will not be able to use this website or we will not able to answer your request.
Automated decision-making, profiling
We do not use your personal information for automated decision-making or profiling.
This website does not use active components such as Java-Script, Java-Applets or Active-X-Controls.
Secure data transport
When using this website the transmission of the data is encrypted. You can verify this by the fact that a lock is displayed in the address window of your browser and the Internet address (URL) of our site starts with https. However a secure data transports depends also on you. We recommend to use only an updated browser in order to ensure a secure data transport.
Email security depends on both the sender and the recipient. If you wish to communicate with us by email we recommend to use the end-to-end encryption that we pose at your disposal. We use the encryption standard OpenPGP. You can download our public key under ‘Our public key'. For further information about encryption please see 'More information'.
We also recommend that you always activate the transport encryption (TLS or Transport Layer Security) provided by your internet service provider.
However, please be aware that despite all efforts the internet is not secure. We therefore don’t assume any responsibility for the secure transmission and confidentiality of emails. You are welcome to send us important information or documents personally.
Instant messaging, VoIP
For legal reasons, we do not use instant messaging services, such as WhatsApp, iMessage, Messenger, or services like Skype, FaceTime, etc..
Social Media Plugins
This website does not use social media plugins.
At present we do not offer a newsletter, but we work on an implementation that is compliant with the current data protection regulation.
Deletion of data
8. Last version