Privacy Policy

Dr. Berényi Viktor, sole practitioner attorney-at-law

(55075149-2-43; KASZ: 36057511; 1126 Budapest, Kiss János altábornagy u. 37.)

concerning the processing of personal data

Dr. Berényi Viktor, sole practitioner attorney-at-law (55075149-2-43; KASZ: 36057511; 1126 Budapest, Kiss János altábornagy u. 37.; hereinafter: the Data Controller), pays particular attention to ensuring that, in the course of processing personal data, he acts in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council (hereinafter: GDPR)¹, Act CXII of 2011 on Informational Self-Determination and Freedom of Information (hereinafter: the Info Act), and the provisions of all other applicable legislation. This Notice has been prepared for the purpose of providing the information required under Articles 13 and 14 of the GDPR in relation to the processing of personal data by the Data Controller in connection with the exercise of data subjects’ rights.

Definitions

data subject: a natural person whose personal data are processed by the Data Controller and who can be identified from the data processed;

personal data: any information relating to the data subject;

data controller: Dr. Berényi Viktor, sole practitioner attorney-at-law;

processing: any operation or set of operations performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;

recipient: a natural or legal person, public authority, agency or other body to which the personal data are disclosed, whether or not a third party. Public authorities that may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients; the processing of those data by such public authorities shall comply with the applicable data protection rules according to the purposes of the processing.

The information to be provided to the data subject is set out below in the structure prescribed by Articles 13 and 14 of the GDPR. Article 13 of the GDPR governs the information to be provided where personal data are collected from the data subject, while Article 14 governs the information to be provided where personal data have not been obtained from the data subject.

1. Identity of the Data Controller

Dr. Berényi Viktor, sole practitioner attorney-at-law (tax number: 55075149-2-43; KASZ: Budapest Bar Association 36057511; 1126 Budapest, Kiss János altábornagy u. 37.; registration number: Budapest Bar Association, 15898; e-mail: drberenyiviktorí@gmail.com; mobile: 06-20-3602914)

2. Purpose of the processing

The purpose of the processing is to provide legal services to the data subject, to identify the data subject, and to fulfil statutory obligations connected with the provision of legal services.

3. Categories of personal data processed

The categories of data processed for the above purpose are: the name and contact details of the natural person concerned by the processing (postal address, e-mail address, telephone number and other contact details), as well as further personal identification data provided for the purpose of identification; and any other personal data provided in connection with the engagement handled by the Data Controller.

4. Legal basis of the processing

The processing is based on points (a), (b) and (c) of Article 6(1) of the GDPR (the data subject has given consent to the processing of his or her personal data for one or more specific purposes; the processing is necessary for the performance of a contract to which the data subject is party, or in order to take steps at the request of the data subject prior to entering into a contract; or the processing is necessary for compliance with a legal obligation to which the Data Controller is subject).

5. Recipients of the personal data and categories of recipients

The recipients of the personal data are the clients of the Data Controller and persons having a legal relationship with those clients whose data are processed by the Data Controller in connection with the matter handled or with the fulfilment of a statutory obligation.

6. Personal data breaches and transfers to third countries

Any personal data breach occurring in the course of providing legal services shall be reported electronically to the Hungarian National Authority for Data Protection and Freedom of Information through the electronic interface established for that purpose. The data shall not be transferred to a third country or to an international organisation.

7. Retention period for personal data

The Data Controller retains the documents and digital data relating to a matter for the period prescribed in the records management regulations of the bar association in force from time to time for the relevant type of legal practice; this is therefore also the retention period for the data. In the case of real estate transactions, the document retention and data storage period is 10 years.

8. Rights of the data subject in relation to processing

8.1. Time limit

On the basis of a request submitted by the data subject for the exercise of his or her rights, the Data Controller shall inform the data subject of the action taken in response to the request, or of the reasons for not taking action, no later than 15 days after receipt of the request. The day on which the request is received shall not be included in the time limit. Where necessary, taking into account the complexity and number of requests, the Data Controller may extend this period by a further two weeks. The Data Controller shall inform the data subject of any extension, together with the reasons for the delay, within one month of receipt of the request.

8.2. Rights of the data subject in relation to processing

8.2.1. Right of access

The data subject shall have the right to request information from the Data Controller, using the contact details specified in Section 1, as to whether his or her personal data are being processed and, where such processing is taking place, shall have the right to access the personal data and the following information:

– the purposes of the processing;

– the categories of personal data concerned;

– the recipients or categories of recipients to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;

– where possible, the envisaged period for which the personal data will be stored, or, if this is not possible, the criteria used to determine that period;

– the existence of the right to request from the Data Controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject, and to object to such processing;

– the right to lodge a complaint with the Hungarian National Authority for Data Protection and Freedom of Information;

– where the personal data have not been collected from the data subject, any available information as to their source.

The Data Controller shall provide the data subject, upon request, with a copy of the personal data undergoing processing. For any further copies requested by the data subject, the Data Controller may charge a reasonable fee based on administrative costs. In order to comply with data security requirements and protect the rights of the data subject, the Data Controller must verify that the identity of the data subject matches the identity of the person seeking to exercise the right of access; accordingly, the provision of information, access to the data and the issuance of copies are subject to identification of the data subject. The right to obtain a copy is, however, limited in that its exercise may not adversely affect the rights and freedoms of others.

8.2.2. Right to rectification

Using the contact details specified in Section 1, the data subject may request that the Data Controller rectify any inaccurate personal data concerning him or her. Taking into account the purposes of the processing, the data subject shall also have the right to have incomplete personal data completed, including by means of providing a supplementary statement.

8.2.3. Right to restriction of processing

Using the contact details specified in Section 1, the data subject may request that the Data Controller restrict the processing of his or her personal data where:

– the data subject contests the accuracy of the personal data, in which case the Data Controller shall restrict processing for the period necessary to verify the accuracy of the personal data;

– the processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of their use instead;

– the Data Controller no longer needs the personal data for the purposes of the processing, but the data subject requires them for the establishment, exercise or defence of legal claims; or

– the data subject has objected to processing, in which case the restriction shall apply for the period required to determine whether the legitimate grounds of the Data Controller override those of the data subject.

Where processing has been restricted, such personal data shall, with the exception of storage, be processed only with the consent of the data subject, or for the establishment, exercise or defence of legal claims, or for the protection of the rights of another natural or legal person, or for reasons of important public interest of the Union or of a Member State. The Data Controller shall inform the data subject who obtained restriction of processing as described above before the restriction is lifted.

8.2.4. Right to object

Using the contact details specified in Section 1, the data subject may object at any time, on grounds relating to his or her particular situation, to the processing. In such a case, the Data Controller must demonstrate compelling legitimate grounds for the processing of the personal data which override the interests, rights and freedoms of the data subject, or grounds connected with the establishment, exercise or defence of legal claims.

8.2.5. Right to erasure

In relation to the processing described in this Notice, the data subject may exercise the right to erasure only where the specific individual processing carried out by the Data Controller is not necessary for achieving the purposes set out in this Notice. Where this condition is met, the data subject shall have the right to obtain from the Data Controller the erasure of personal data concerning him or her without undue delay, and the Data Controller shall be obliged to erase such personal data 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;

– the data subject objects to the processing pursuant to the right to object and there are no overriding legitimate grounds for the processing;

– the personal data have been unlawfully processed;

– the personal data must be erased for compliance with a legal obligation laid down in Union or Member State law to which the Data Controller is subject.

9. Right to seek legal remedy

9.1. In relation to the processing operations carried out by the Data Controller, compliance with the right to the protection of personal data shall be reviewed by means of a data protection objection under Chapter VI/A of the Info Act.

9.2. If, beyond the above, the data subject considers that the Data Controller has infringed the applicable data protection provisions in the course of processing his or her personal data, the data subject may:

– lodge a complaint with the Hungarian National Authority for Data Protection and Freedom of Information (address: 1055 Budapest, Falk Miksa utca 9-11.; postal address: 1363 Budapest, P.O. Box 9); or

– bring proceedings before a court in order to protect his or her data. When bringing court proceedings, the data subject may freely choose whether to file the claim with the competent regional court according to his or her permanent residence or temporary residence, or according to the registered office of the Data Controller.

9.3. Before contacting the Hungarian National Authority for Data Protection and Freedom of Information or bringing court proceedings, it is advisable to inform the Data Controller of the alleged infringement forming the subject matter of the complaint or claim, so that the Data Controller may restore the lawful situation within his own competence.