Compliance with Data Protection Laws.
With regard to any personal data processed by Newtons in connection with services provided by Newtons, Newtons is a “controller” in respect of such processing. Newtons agrees that it will comply with the requirements of the Data Protection Laws applicable to controllers in respect of the provision of their services and otherwise in connection with this Agreement.
- implement and maintain at all times all appropriate security measures in relation to the processing of personal data;
- maintain a record of all processing activities carried out under this Agreement; and
- not knowingly do anything or permit anything to be done which might lead to a breach of the Data Protection Laws.
Duty of Confidentiality
As Solicitors regulated by the Solicitors Regulation Authority Newtons is under an overriding duty of confidentiality to its clients. This means that we may not disclose to any third party any information about you or your business with the firm, unless you authorise us to do so in specific cases.
We may in certain circumstances disclose information about you or a particular matter where we obtain advice or services from a third party such as a barrister.
Data we may hold:
Your email address (if you have one)
Your telephone number
Your National Insurance Number
Your Bank Account Details
A copy of recent photographic identification
A copy of a recent utility bill, bank statement or HMRC or Council Tax communication
Details of financial transactions and money movements.
We may hold some or all of this data depending on the work we do, or have done for you .
Where we have been instructed by you in relation to one or more matters, we will hold documents in paper form and in electronic form.
Why do we hold this?
We maintain a record of you and your details as above in connection with our accounting procedures and systems, and our record keeping and file storage and retrieval procedures
We are required to do this by our professional regulator (the Solicitors Regulation Authority) and under anti-money laundering legislation and regulations.
We hold paper files and electronic copies of emails which arise from matters we undertake for you as a client. Until such time as our fees and any other are paid in full for each matter, we have the right to retain all papers and records (including original deeds and documents) for that matter. Once our costs are paid in full, the files and records are yours. We agree to store paper files in our file storage. You have the right to access these files and remove them. We make a charge for retrieving the file from storage.
How long do we retain files and records?
We retain files for a period of twelve years. We do this because our rules of practice, and the terms of our professional indemnity insurance require us to retain the papers on matters we deal with for a sufficiently long time that if any query or problem arises in relation to a matter the original papers are available for inspection and to be produced in evidence if necessary.
After the expiry of that period we will arrange for the destruction of files and the deletion of data related to the file.
Who has access to your data and papers?
Within Newtons only staff members have access to your data and papers.
We may (with your agreement) engage third parties such as accountants and barristers to assist in preparation of documents and the giving of specialist advice.
We are by law and by our rules of practice require that we allow access to files and data we hold to
Our regulator (the SRA) or persons or organisations acting with their authority
Law enforcement agencies
Where required to do so by an order of a competent court
Certain information about you may be provided to counterparties to transactions, HMRC, and various government agencies such as HM Land Registry and the Probate Registry.
Newtons does not sell data and does not share data with any persons or organisations otherwise than where required by law or in order to carry out the instructions you give us.
You have a right to require access to your data.
You have a right to ask for your data to be deleted subject to the terms of the contract for services between client and solicitor, and subject also to the legal and supervisory requirements which govern our profession.
By engaging us on our standard Terms of Business you acknowledge that we have statutory or regulatory obligations which entitle us to hold and retain this data.