PRIVACY POLICY NOTICE

BERNARD EDER

Bernard Eder (he/him/his) is a former barrister but he is no longer regulated by the Bar Council. He is a self-employed sole practitioner providing services in his own name as an arbitrator, mediator or expert on English law (as the case may be).

DISCLAIMER

This website has been prepared for information purposes only. It has no collective or distinct legal identity of any kind. 

This disclaimer governs your use of this website. By using this website, you accept this disclaimer in full. If you disagree with any part of this disclaimer, you should not use this website.

EMAIL FRAUD WARNING

Names can be misused by others for illegitimate purposes. Bernard Eder is aware of a number of bogus emails, letters and faxes having been received by individuals in many parts of the world, falsely claiming to be from a particular individual. For example, some such messages indicate that the addressee of the email/letter has inherited a substantial sum of money and go on to ask the recipient for personal information and/or money. Communications of this type appear to be part of a scam being orchestrated by third parties without authorisation. The communications are often in the form of emails, or sometimes letters. They are likely to be linked to organised fraud. If you have received such a communication, it is strongly advised that you just ignore it, and do not respond to it or communicate further with the person who sent the email/letter to you.

DATA COLLECTION & USE

Bernard Eder is committed to respecting your privacy and protecting confidential and privileged information. He takes his obligations in relation to personal data seriously. For the purposes of the Data Protection Act 2018 as may be amended from time to time (“DPA 2018”) and other applicable data protection law, this privacy notice contains information about what personal data is collected and stored, and why. It also tells you how your data is collected, with whom it is shared, the measures which have been put in place to protect your data, the rights and options that you have, and how to contact him if you have a complaint.

Personal data is collected when

· you or your organisation make(s) enquiries or appoint(s) him as an arbitrator/mediator/expert.

· you or your organisation correspond(s) with him or his clerk(s) in any manner.

· you or your organisation interact(s) with his website or make(s) an enquiry through his website.

What personal data is collected?

· When appointed, the following personal information may be collected:

· For administrative use during an arbitration, information will be held in a case-management system (Lex): This will generally include your name, address, telephone number, email address or contact details, job title, and other personal data relevant to enable request for payment of fees and expenses.

· Diary and appointment data relating to hearings and other meetings or appointments relevant to the procedural steps of an arbitration (e.g., attendance details at hearings).

· Technical data from cookies or web analytics from your interactions with our website.

· Data from third party sources such as regulatory agencies, government agencies, online information service providers or from publicly available records and personal data that are available publicly, for example on a firm’s website or LinkedIn.

Your personal information is used for the following purposes:

· To comply with legal obligations, including maintaining records, or conducting any necessary checks (e.g., anti-money laundering, fraud and crime prevention and detection, or in relation to international or trade sanctions).

· To hold sufficient information relevant for administrative and billing purposes.

· To monitor compliance with existing policies and standards.

· To manage access to 24 Lincoln’s Inn Fields for security purposes.

· To protect the security of communications and other systems and to prevent and detect security threats, frauds or other criminal or malicious activities.

· To exercise or defend his legal rights, or to comply with the order of any court or other judicial authority or arbitral body.

· To carry out conflict checks relevant to any appointment.

· For other purposes ancillary to any of the above or any other specific purposes for which your personal data was provided.

The legal basis for processing your information is:

· Because it is necessary to do so to resolve any dispute relating to the case in question and/or your organisation.

· To comply with his professional and legal obligations as well as to keep records of compliance processes or other records.

· Because his legitimate interests, or those of a third-party recipient of your personal data, make the processing necessary, provided that those interests are not overridden by your interests or fundamental rights and freedoms.

· Because you have expressly given your consent to process your personal data in that manner.

· Please note that most of the processing of personal data will be covered by legal professional privilege.

Your personal data may be shared with:

· His clerk(s) and Comcas Services Limited (No. 01624734) which provides administrative and accounting services.

· law enforcement authorities and regulators if required by applicable law.

· Transfers of personal data out of the European Economic Area. You should be aware that he operates on a worldwide basis. In the course of his work, it may be necessary to transfer your personal information out of the European Economic Area (“EEA”) when it is necessary for the services provided to you or your organisation, or it is necessary for the establishment, exercise or defence of legal claims. He will take appropriate measures to safeguard the security of any information transferred out of the EEA and to protect your privacy rights.

How long will your personal data be stored?

· Your personal data will be stored for as long as necessary to fulfil the purposes for which it was collected.

· In general, that means that personal data in relation to any specific legal case or legal service provided will be retained for a period long enough to satisfying any legal, accounting, or reporting requirements or to provide protection for him in relation to any complaint or legal claim, or as necessary in relation to any past, ongoing or potential dispute which is the subject of the legal service.

· In relation to the very limited information necessary to conduct conflict checks, such data is generally required to be retained indefinitely to comply with professional, regulatory and legal obligations. Such data is limited to your name (only if you were an individual client) or the name of your organisation (which is not personal data in any event).

· The policy for retention of personal data may be reviewed from time to time. In relation to specific cases, any departure from our general policy will generally be considered on a case-by-case basis. In order to decide on the appropriate period to retain any personal data, the nature, extent and sensitivity of the personal data will be taken into account as well as the potential risk of harm from unauthorised use or disclosure of the data, the purposes for which it was collected and will be processed and whether there is an appropriate way of achieving our legitimate purpose through other means.

· At the end of the retention period your personal data will be destroyed in accordance with our obligations under applicable laws and in accordance with any relevant guidance.

Consent

Where Bernard Eder relies on your explicit consent to the processing of your personal data, this is contained in any contractual terms agreed with him or on his behalf or other explicit privacy consent obtained during the process of instructing him to provide or carry out services. You have the right to withdraw this consent at any time, but this will not affect the lawfulness of any processing activity carried out prior to you withdrawing your consent. To request to withdraw your consent, please contact BE@bernardeder.com or RN@bernardeder.com.

Your rights:

· You are entitled to view, amend, or delete the personal data that is held.

· Under the DPA 2018, you have several important rights including:

o Transparency over how your personal data is used and fair processing of it

o To receive a copy of the personal data that is held about you upon request, unless there is a legal reason for non-disclosure, or disclosure would reveal the personal data of a third party.

o To request correction of any mistakes or incomplete personal data held about you or your organisation.

o To object to your personal data being used in direct marketing and opt out. In certain circumstances you may ask for your personal data to be erased.

o To receive a copy of the personal information you have provided or have this information sent to a third party.

o To restrict the processing of your personal information in certain circumstances.

If you want to exercise any of these rights or request any changes to your personal data, please email BE@bernardeder.com or RN@bernardeder.com stating the right or rights that you wish to exercise. A response will be provided within one month from when your request is received.

If you want more information about your rights under the DPA 2018 please see the Guidance from the Information Commissioners Office. The ICO website is at https://ico.org.uk.

Future processing

Bernard Eder does not intend to process your personal information for any reason other than as stated within this privacy notice. If this changes, this notice will be updated.

Changes to this privacy policy

Any changes to this privacy policy will be notified by way of amendment to this privacy notice.

Queries

If you have any questions about this privacy notice or the information held about you or your organisation, please contact BE@bernardeder.com or RN@bernardeder.com.

How to make a complaint?

In the first instance, any complaint should be sent to Bernard Eder at BE@bernardeder.com. 

The DPA 2018 also gives you the right to lodge a complaint with the relevant supervisory authority. The UK supervisory authority is the Information Commissioner’s Office: https://ico.org.uk/make-a-complaint/