Terms and conditions Business – January 1, 2024
These terms and conditions apply to any legal assistance and services a client has requested from Winsløw when the client is not a consumer, unless otherwise agreed in writing.
A consumer is defined as a person who seeks assistance, mainly for use outside his or her profession.
In addition to these terms and conditions the Code of Conduct for the Danish Bar and Law Society apply, see www.advokatsamfundet.dk/english.
We are covered by the Danish Bar and Law Society’s rules on supervision and disciplinary rules and the Danish Administration of Justice Act article 126 regarding code of conduct. This means the Disciplinary Board (Advokatnævnet), Kronprinsessegade 28, 1306 Købenkavn K, Denmark, www.advokatsamfundet/english/about-us/the-disciplinary-board is competent to handle complaints about lawyer’s conduct and fees.
Information about Winsløw
The name and address of the company is:
Gammel Strand 34
1202 København K
Business reg.no. 41933844
Our contact details are:
Phone number: +45 33 32 10 33
Winsløw is a limited partnership owned by lawyers.
When we receive a request for assistance, we prepare a written description of the scope of work to the client with information about the guidelines of the calculation of our fee and, if possible, an estimate of our fee.
In cases that are not extensive, continuous client relationship, cases where the client has clearly described the assignment and in case of urgent assignments, we can waive the assignment confirmation.
The client may at any time ask to receive an assignment confirmation, and the client can demand to receive a revised assignment confirmation if the scope of the assignment is significantly changed.
We may require the client to accept the assignment confirmation in writing before we start our work.
We may at our discretion require that the client makes an advance payment as a deposit based on the nature of the case or the client’s residence or financial situation.
When we have undertaken an assignment, we commit to provide assistance to the client until the assignment is completed. However, the client can at any time choose to change lawyer, and we can also choose to withdraw from a case where this can happen in a timely manner in order for the client to find other legal assistance and without causing the client damage in this respect.
When the assignment has been completed, we are not under any obligation on our own initiative to contact the client with information regarding changes in legislation, administrative practice or case law etc., which could change the client’s position compared to what was provided at the completion of the assignment. This applies even if the relationship as a client in other matters is maintained.
Conflicts of interest
We have established internal guidelines in accordance with the Code of Conduct for the Danish Law Society cf. above to avoid situations where there is conflict of interest. If a conflict of interest may arise, we refer the client or clients to another lawyer.
Identity Information and the Danish Anti-Money Laundering Act.
As lawyers, we are subject to the Danish Anti-Money Laundering Act. If the case falls under the Danish Anti-Money Laundering Act, we are obligated to obtain identity information from the client and the client’s employees, and retain this information for 5 years from the termination of the client relationship, alongside with other documentation, documents, and records as stipulated in the Danish Anti-Money Laundering Act.
In the event that we – as lawyers – suspect money laundering or financing of terrorism, we are obligated to notify the Danish National Unit for Special Crime (NSK) of the activities and disclose identity information to NSK. We are not allowed to disclose whether such notification has taken place.
Personal data from the client
Personal data retrieved in connection with establishing and maintaining client relationship
We are data controllers and process the client’s personal data, including information about employees, in connection with the establishing and maintaining client relationship. Furthermore, we process the client’s information as well as information about counterparties in accordance with the Code of Conduct for the Danish Bar and Law Society, for instance, to check for conflicts of interest, and it may also be necessary to process the client’s information pursuant to the provisions of the Danish Anti-Money Laundering Act.
The purpose of the data processing is the establishment and maintenance of the client relationship, including identifying relevant contacts with the client as part of case management, contract management, and invoicing. Additionally, the purpose of the data processing is to provide the necessary documentation to ensure compliance with the Code of Conduct for the Danish Bar and Law Society and the rules for conducting audits under the Danish Anti-Money Laundering Act.
The legal basis for the processing is our legitimate interests, including the establishment of the client relationship, case management, contract management, and invoicing, in accordance with Article 6(1)(f) of the General Data Protection Regulation. Additionally, our legal obligations under the Danish Anti-Money Laundering Act and the Danish Administration of Justice Act constitute a legal basis, in accordance with Article 6(1)(c) of the General Data Protection Regulation. Social security numbers (CPR), including those associated with the client, will be processed when necessary for documentation and when required by law, in accordance with Section 11(2), No. 1 of the Danish Data Protection Act.
Personal data in connection with our legal representation
We process personal data in connection with specific cases for which we receive inquiries.
The data processing takes place as part of our legal advice to our clients, including matters related to commercial and corporate law, employment law, real estate transactions, financing, preparation of prenuptial agreements and wills, as well as legal and arbitration proceedings, etc.
The legal basis for our processing of personal data is our legal obligations and legitimate interests, in accordance with Article 6(1)(c) and (f) of the General Data Protection Regulation, as well as the fulfillment of the letter of engagement/agreement entered into between us and the client, in accordance with Article 6(1)(b) of the General Data Protection Regulation.
Social security numbers (CPR) will be processed when necessary for documentation and when required by law, pursuant to Section 11(2), No. 1 of the Danish Data Protection Act, and to establish, assert, or defend a legal claim, in accordance with Section 7(1) of the Danish Data Protection Act.
Special categories of personal data (sensitive personal data) will only be processed when necessary for establishing, asserting, or defending a legal claim, in accordance with Article 9(2)(f) of the General Data Protection Regulation, or if the data subject has given explicit consent, or if the data processing is necessary to protect the vital interests of the data subject or another natural person where the data subject is physically or legally incapable of giving consent. Information about criminal convictions will only be processed if it is deemed necessary to pursue a legitimate interest, and this interest clearly outweighs the interests of the data subject, or to pursue a legal claim, in accordance with Section 8(3) and (5), and Section 7(1) of the Danish Data Protection Act.
Data Protection Agreements
We use external suppliers for data hosting and IT support. Our external suppliers may in the course of their duties be entrusted with personal data in connection with their assistance to us. We enter into data processing agreements with such external suppliers, who process personal data on our behalf, to ensure the necessary security.
Data transfers to third countries
The transfer of data to recipients in third countries, including international organizations, outside the EU/EEA/secure third countries, is subject to necessary safeguards, including: Explicit consent has been obtained, the transfer is necessary for the conclusion or performance of a confirmation/agreement/contract between us and the client, or the transfer is necessary for establishing, asserting, or defending a legal claim.
Security of processing
We are committed to protecting the confidentiality, integrity, and availability of our clients’ and other stakeholders’ information, including personal data. We prioritize client confidentiality and information security highly, ensuring continuous protection of information. We have implemented security measures to safeguard data protection for both client information, personal data, and other confidential information. We regularly conduct internal assessments to ensure adequate security and compliance with our policies on handling personal data.
Storing of personal data and disclosure
The personal data is stored throughout the entire duration of the client relationship and for a subsequent period of 10 years, unless there are circumstances necessitating a shorter or longer retention of the personal data. Regarding the storage of personal data in accordance with the Danish Anti-Money Laundering Act, please refer to the section “Identity Information and the Danish Anti-Money Laundering Act”.
Personal data is not disclosed to third parties unless we are legally obligated to do so, for example, to the parties involved in the case, possibly to the courts, or other public authorities.
Your rights as a data subject
As a data subject, the client and the client’s employees, among others, have several fundamental rights. However, these rights may be limited, for example, if the disclosure of information, which the client would otherwise be entitled to receive, would violate the rights and freedoms of other individuals.
Right to access – As a starting point, the client has the right to be informed whether we process personal data about the client, and if so, what personal data we process about the client, how we process it, and to receive a copy thereof.
Right to rectification – The client has the right to have incorrect or incomplete personal data corrected. If the information has been disclosed to others, we ensure that recipients are informed of the correction, if possible and legal.
Right to deletetion (to be forgotten) – The client may have the right to have the personal data that we process about the client deleted. If the personal data has been disclosed to others, we ensure that recipients are informed of any deletion, if possible and legal.
Right to restriction of processing – The client may have the right to restrict the processing of personal data, in which case we then exclusively store the client’s personal data. If the personal data has been disclosed to others, we ensure that recipients are informed of any restriction, if possible and legal.
Right to data portability – In certain cases, the client has the right to receive the personal data, which the client has provided to us, in a structured, commonly used, and machine-readable format and to transmit the information to another data controller.
Right to object to Winsløw Advokatpartnerselskab’s processing of personal data – In certain cases, the client has the right to object to our processing of the client’s personal data.
Complaints about processing of personal data
If the client wishes to file a complaint regarding Winsløw Advokatpartner-selskab’s processing of the client’s personal data, the complaint should be sent via email to email@example.com. We will handle the complaint and respond as soon as possible.
The client also has the right to file a complaint with the Danish Data Protection Agency:
Danish Data Protection Agency (Datatilsynet)
Carl Jacobsens Vej 35
Phone: +45 33193200
For further information on how the client can file a complaint with the Danish Data Protection Agency, please refer to the Danish Data Protection Agency’s website, www.datatilsynet.dk.
Amounts deposited into the client bank account
Interests are charged and settled in accordance with the applicable rules for client accounts from the Danish Bar and Law Society. To the extent that a separate
client bank account is charged or credited with interests or fees, this amount is charged/settled to the client. To the extent our general client account is debited or credited with interests, we are entitled to debit or credit the client interests (both negative and positive) at the same interest rate used by the bank. Interest amounts of less than DKK 100 are not charged or settled.
We are entitled to charge a reasonable fee, pursuant to the Danish Administration of Justice Act article 126, section 2. Any dispute regarding the size of the fee may be referred to the Danish Disciplinary Board for lawyers, cf. www.advokatsamfundet.dk.
We generally calculate the fee on the basis of the time spent but also other matters such as the degree of specialist knowledge needed to solve the assignment, the involved lawyers’ experience, the values involved and the outcome affect the size of the fee.
Assignments invoiced on the basis of the time spent
Lawyers and associates register the time spent on the case. The registration is filed electronically in units of 10 minutes. Other employees than lawyers and associates solving the case is registered in the same way.
Paralegals register time of certain routine functions, preparation of documents and letters as well as registration of longer phone conversations, larger copying assignments and the like in accordance with the Danish Code of Conduct for lawyers, article 56, 2.
Law students register jobs regarding documentation and other jobs in accordance with the Danish Code of Conduct for lawyers, article 56, 2.
A supplement for evening and weekend meetings is applicable after agreement.
The client can at any time be informed of the time spent on a case.
In connection with the invoicing of a case, the responsible lawyer/ associate makes a critical review of the debited time to correct any errors and assess the fee’s general fairness.
To the extent we receive advance payment or deposit of costs, such payments will be treated as client funds to be deposited in a client’s bank account.
For larger or long-term assignments, the fee will be invoiced in arrears at the end of each month, unless otherwise agreed.
For smaller or short-term assignments, the fee will be invoiced at the completion of the assignment. Payment terms are 14 days net. If applicable, VAT will be added. In case of late payment, interest in accordance with the Danish Interest Act shall be paid.
The client is charged separately for all ex-penses and disbursements incurred in connection with the assistance. This may, for example be service charges, reasona-ble travel, catering and shipping costs.
For larger copy assignments a fee is calculated separately.
We ask the client to indicate whether the client has taken out insurance that will cover legal fees and expenses.
If the client is covered by an insurance, the abovementioned principles for the calcula-tion of our fee still apply without any changes and with effect prior to any con-flicting terms in the insurance coverage. If the insurance coverage states that other principles for the calculation of fee apply and such principles will reduce our fee, the client is under an obligation to renounce the insurance coverage.
If a case is insurance-covered, the insur-ance will only cover within the coverage amount. The client is responsible for pay-ing excess and any costs not covered with-in the coverage amount.
Confidentiality In accordance with the Code of Conduct for the Danish Bar and Law Society all information we receive in connection with an assignment is treated as confidential, unless the circumstances indicate that the information is not confidential.
All employees are covered by existing legislation prohibiting the disclosure of inside information about listed companies and restrictions on trading in listed securities.
The client’s use of our advice
Our advice is only for the client and may not be used for any other purpose with-out our express prior consent. Unless oth-erwise agreed, we are only responsible to the client for the advice.
The client is granted the necessary rights to use the specific written material we have prepared for the client’s case, while we retain intellectual property rights, including copyrights, to the produced material in general.
Storage of files
Original documents are normally handed over to the client at the latest after the completion of the assignment. We store our files for at least five years from the date of the last invoice.
Governing law and jurisdiction
Any dispute between a client and us must be resolved in accordance with Danish law, without regard to any conflict of law provisions, by the competent Danish court.
All lawyers in Winsløw Advokatpartnerselskab are appointed by the Danish Department of Civil Affairs and part of the Danish Bar and Law Society.
Liability and insurance
We are responsible to the client in accordance with Danish law with the limitations described herein. We have a liability insurance for all legal business, irrespective where the business is carried out, with a reputable company (HDI GLOBAL SPECIAL-TY SE, DENMARK, Langebrogade 3F, 1411 København K, Denmark, CVR.nr.: 41 26 86 38) and have with the same company placed the required guarantees under the rules established by the Danish Bar and Law Society. Our responsibility in relation to legal assistance cannot exceed the sum of the amount paid by our insurance company and our own excess and is further limited to 10 x the fee for the relevant assignment, however maximum DKK 25 million.
Our responsibility does not include consequential economic loss, including conse-quential loss, loss of data, loss of profits, goodwill, image, etc. or other indirect losses.
The client’s claim can only be raised towards Winsløw Advokatpartnerselskab, and not towards any of the company’s partners or employees.
We are not liable for any mistakes made by other consultants, we have referred to the client, nor are we liable for any errors committed by subcontractors, which we after agreement with the client have entrusted parts of the assignment.
All claims towards Winsløw Advokatpartnerselskab are statutebarred 12 months after the client knew or should have known the circumstances, which is the basis for the claim. All claims are however at latest statutebarred 3 years after the alleged deficient counseling was provided to the client.