Data Protection Policy – Maurice Moser

Lawyer and Notary Maurice Moser

What is this data protection policy about?
As part of the business activities of the lawyer and notary Maurice Moser (the “Law Firm”, hereinafter also referred to as “We”), We obtain and process personal data, in particular personal data of our clients, business partners, adverse parties and other parties to proceedings, correspondence law firms, courts and authorities, visitors to our website and other bod-ies or in each case their contact persons and employees (hereinafter also “You”). In this Data Protection Policy, We inform You about such data processing.

If You disclose to Us data about other persons (e.g. family members, representatives, adverse parties or other associated persons), We assume that such data are correct and that You are authorised in that regard and have assured that such persons have been informed of such a disclosure provided a legal obligation to furnish information applies (e.g. in which this Data Protection Policy was brought to their attention in advance).

Who is responsible for processing your data?
The following is responsible for the processing described in this Data Protection Policy:

Lawyer and Notary Maurice Moser
St. Jakobs-Strasse 189
4052 Basel
Switzerland
moser@m-moser.ch

Or which purposes do we process your data?
When you make use of our services, visit the www.m-moser.ch website (hereinafter Website) or otherwise have dealings with us, We obtain and process various categories of your personal data. As a matter of principle, We may obtain and otherwise process such data for the following purposes:

Communication: We process personal data so that We can communicate with You and third parties such as par-ties to proceedings, courts or authorities via e-mail, telephone, letter or otherwise (e.g. to reply to enquiries, as part of legal advice and representation as well as initiating or processing contracts). To that end We process, in particu-lar, the content of communications, your contact data as Well as peripheral communication data. If We need or wish to determine your identity, We collect additional data (e.g. copy of identity papers).
Initiating and entering into contracts: In light of entering into a contract such as, in particular, a contract on estab-lishing a client relationship with You or your principal or employer, which includes clarifying potential conflicts of in-terest and additional circumstances required to assume a client authorisation, We may, in particular, obtain and otherwise process your name, contact details, information about third parties (e.g. contact persons, details about family and adverse parties) as well as all other data that you make available to us or which We collect from public sources (e.g. commercial registers, credit agencies, sanctions lists, media, legal protection insurance companies or the internet).
Client management: We obtain and process personal data so that We can comply with our contractual obligations in dealings with our clients and other business partners (e.g. service providers) and, in particular, can render and request the contractual services. This includes the data processing for client management (e.g. legal advice for and representation of our clients in court and in dealings with authorities and appertaining correspondence) as well as to execute contracts (collection, court proceedings etc.), the accounting and public communication (the latter inso-far permitted). To that end We process the data that We have received or collected as part of initiating, entering into or processing a contract as well as data that We prepare as part of our contractual services or collect from public sources or from other third parties (e.g. courts, authorities, adverse parties, credit agencies, media, detective agencies or the internet). Such data may, in particular, include minutes of discussions and consulting services, notes, internal and external correspondence, contractual documents, which We collect or receive as part of proce-dures before courts and in dealings with authorities (e.g. statements of claim, notices of appeal, letters of com-plaint, judgements and rulings), background information about You, adverse parties or other persons as well as additional client-related information, proof of performance, invoices and financial and payment information.
Operating our Website: To be able to operate our Website securely and in a stable manner, We collect technical data such as IP addresses, the time and type of use.
Security purposes and access controls: We obtain and process personal data to guarantee the appropriate security of our IT and other infrastructure, and continually improve them. This includes the monitoring and control of elec-tronic access to our IT systems as well as physical access to our premises; analyses and tests of our IT infrastruc-tures; system and error reviews and the creation of back-up copies.
Compliance with laws, instructions and recommendations of the authorities and internal regulations: We obtain and process personal data to comply with valid laws (e.g. on combating money laundering, in respect of tax law ob-ligations and our professional obligations), self-regulation, certifications, sector standards as well as for internal and external reviews in which We are a party (to proceedings) (e.g. by a prosecuting authority or supervisory au-thority or a privately commissioned body).
Job applications: If You apply for a position at our Law Firm, we obtain and process the corresponding data for the purpose of reviewing the application, conducting the application procedure and in the case of successful applica-tions to draft and enter into corresponding contracts. To that end, in addition to your contact details and details about the corresponding communications, we process, in particular, the data stated in Your application documents and data that we can additionally obtain, e.g. from profession-related social networks, the internet, the media and, with your consent, from references.
Additional purposes: Additional purposes include administrative purposes (e.g. the accounting). Safeguarding additional justified interests also ranks among the additional purposes that cannot be conclusively stated.
Where do such data originate from?
From You: The lion’s share of the data processed by Us is disclosed by You (or your terminal) to us (e.g. in conjunc-tion with our services, use of our Website or communications with Us).
From third parties: We can also obtain data from publicly accessible sources (e.g. debt collection registers, land registers, commercial registers, media or the internet, including social media) or receive such data from the author-ities, your employer or principal, which either maintains a business relationship or otherwise has dealings with us, as well as other third parties (e.g. clients, adverse parties, legal protection insurance companies, associations or business partners). These include, in particular, the data that we process as part of initiating, entering into and pro-cessing contracts as well as data from correspondence and meetings with third parties as well as all other catego-ries of data in accordance with sub-section 3.

Who do we disclose the data to?
In conjunction with the purposes stated in sub-section 3, we forward your personal data, in particular, to the categories of recipients stated below. Where necessary, to that end We obtain your consent or make arrangements with our Superviso-ry Board to be released from the professional obligation to maintain secrecy.

Service providers: We collaborate with service providers in Switzerland and abroad who, on our order (e.g. IT pro-viders, electronic communication, trustees, KYC providers or credit agencies) by way of joint responsibility with Us or at their own responsibility prepare data that they have received from us or have collected for us. With these third parties, we usually enter into contracts on the use and protection of personal data.
Clients and other business partners: We disclose your data to our clients and other business partners for whom the forwarding of your data results from the contract (e.g. because You render services for a business partner or the business partner renders services for You). This category of recipients also includes bodies with which we cooper-ate, for example other law firms in Switzerland or abroad as well as legal protection insurance companies. As a matter of principle, the recipients process the data at their own responsibility.
Authorities and courts: We may forward personal data to offices, courts, and other authorities in Switzerland and abroad if this is required to honour our contractual obligations and, in particular, for client management or if We undertake to do so by law or are entitled to, or this appears necessary to safeguard our interests. These recipients process the data at their own responsibility.
Adverse parties and involved persons: Insofar as this is required to honour our contractual obligations, in particular for client management, We also forward your personal data to adverse parties and additional involved persons (e.g. guarantors, financing parties, affiliated companies, other law firms, persons furnishing information or ex-perts).
Additional persons: We disclose your data to additional third parties where the incorporation of third parties arises from the purposes in accordance with sub-section 3. This applies, e.g., to delivery addressees or payment recipients stated by You, third parties as part of representation relationships (e.g. your lawyer or your bank) or persons who have dealings with the authorities or who are involved in court proceedings. We may also forward your personal data to our Supervisory Board, in particular insofar as this is necessary in an individual case for the release from our professional obligation to maintain secrecy. As part of the development of the Law Firm, we may sell or acquire business transactions, parts of the Law Firm, assets or companies, or enter into partnerships, which may also in-clude disclosing data (including from You, e.g. as a client or supplier or as their representative) to persons involved in these transactions. As part of the communication with our competitors, sector organisations, associations or other committees, it may also be necessary to exchange data that apply to You.

All these categories of recipient may, for their part, incorporate third parties such that Your data can also be made availa-ble to them. We can limit the processing by certain third parties (e.g. IT providers) but not by others (e.g. authorities or banks etc.).

Are your personal data sent abroad?
As a matter of principle, we process and store your personal data in Switzerland. Depending on the situation, personal data are potentially processed in the European Economic Area (EEA) or in another country, for example via subcontracted processors of our service providers, in the case of collaboration with correspondence or partner law firms or in the case of proceedings before foreign courts or authorities.

If a recipient is located in a country without appropriate data protection, We place the recipient under obligation in a con-tract to comply with a sufficient data protection level (to that end We use the revised Standard Contract Clauses of the European Commission, which can be viewed here: https://eur-lex.europa.eu/eli/dec_impl/2021/914/oj, including the supplements that apply to Switzerland) insofar as the recipient is not already subject to a set of agreements on securing data protection that is recognised by law. We may also disclose personal data in a country without appropriate data pro-tection without entering into our own contract in that respect if We base such actions on an exceptional provision. An exception may namely apply in the case of legal proceedings abroad but also in cases of predominant public interest or if processing a contract, which is in your interest, necessitates such a disclosure (e.g. if we disclose data to our correspond-ence or partner law firms), if you have consented or if the matter concerns data that You have placed in the public domain, the processing of which You have not objected to. Under certain circumstances, we also base our actions on the exception for data from a register specified by law (e.g. commercial register), which we are justified to view.

What should also be observed?
We draw your attention to the fact that as a matter of principle We shall process your data as long as such action is called for in line with our processing purposes (see sub-section 3), the statutory storage periods and our justified interests, in particular for documentation purposes and to furnish proof or as long as storage is technically necessary (e.g. in the case of back-ups or document management systems). If no legal or contractual obligations or technical reasons stand in the way, as a matter of principle We shall delete or render anonymous your data following expiry of the storage or processing period as part of our customary processes and in line with our storage guideline.

Insofar as You do not state certain personal data to us, this may lead to the inability to enter into a contract or render ap-pertaining services. As a matter of principle, We state the cases in which personal data requested by us are indispensable.

Insofar as You do not consent to our handling of your data, please inform us of this (see contact details in sub-section 0).

Can this data protection policy be amended?
This Data Protection Policy is not an integral part of a contract entered into with You. We may amend this Data Protection Policy at any time. The version published on this Website is the respective, current, version.

Last amended on: October 2023