These Terms of Business govern the basis on which Accura Advokatpartnerselskab ("Accura") provides legal services for clients, unless otherwise agreed.
2 INFORMATION ON ACCURA
Accura has the following general contact information:
Tuborg Boulevard 1
Phone +45 3945 2800
Fax +45 3945 2801
Names and contact information of the partners and staff with Accura who will normally provide legal services to the client will appear from an engagement letter or correspondence with Accura.
All Accura's attorneys and MScs in Business Administration and Commercial Law have special expertise in Accura's practice areas. Accura's attorneys have been licensed by the Danish Ministry of Justice and are members of the Danish Bar and Law Society (Advokatsamfundet). Now and then, Accura also employs persons who are licensed to practise law in other EU countries. These persons are registered with the Danish Bar and Law Society and practise law in Denmark on the basis of their foreign titles.
Accura has taken out a liability insurance and provided a guarantee in accordance with the rules of the Danish Bar and Law Society. The liability insurance covers all legal services irrespective of where such services are provided. The partners and staff who are not licensed to practise law are also covered by Accura's liability insurance. Accura's liability insurance and guarantee have been taken out with AIG Europe Limited, Osvald Helmuths Vej 4, 2000 Frederiksberg, Denmark.
We will inform the client of any public legal aid provided by current Danish legislation or any legal aid available under an insurance taken out by the client if relevant in relation to the specific case. If our fees are to be paid by a public authority or an insurance company, on a preliminary or final basis, we will inform the client of the principles for the fixing of fees and the possible consequences for the client.
Any dispute relating to Accura's legal services will be solved according to the provisions set out in clause I1(a)(i)19.1.
In accordance with the rules of the Danish Bar and Law Society and Accura's internal rules, we will examine whether there is a conflict of interest or loyalty before taking on a case. If it has been agreed with the client that Accura cooperates with others on the provision of assistance to the client, we will, at the client's request, provide information on the measures taken by Accura to avoid any conflict of interest or loyalty in that respect.
Accura's attorneys are subject to the provisions on attorneys of the Danish Administration of Justice Act (retsplejeloven), including the supervisory and disciplinary system of the Danish Bar and Law Society, and the provisions on professional conduct for attorneys (Reglerne om god advokatskik); see section 126 of the Administration of Justice Act. Moreover, the Code of Conduct for the Danish Bar and Law Society applies. The Code lays down requirements for attorneys' professional standard and ethics. We refer to the Danish Bar and Law Society's website www.advokatsamfundet.dk.
3 MEASURES TO PREVENT MONEY LAUNDERING
Being a law firm, Accura is subject to the provisions of the Danish Act 2017-06-08 no. 651 on Measures to Prevent Money Laundering and Financing of Terrorism (hvidvaskloven) (the "Danish Anti-Money Laundering Act"). This means e.g. that Accura is required to collect and store information about the identity of our clients. In order to comply with the Danish Anti-Money Laundering Act, we process personal data. It should be noted that the collected information will be used only to prevent money laundering and financing of terrorism. We will store the collected information for 5 years after the end of our collaboration; see section 30 of the Danish Anti-Money Laundering Act. It should be noted that we are required to notify the Danish State Prosecutor for Serious Economic and International Crime of any suspected money laundering or financing of terrorism; see section 26 of the Danish Anti-Money Laundering Act.
4 LEGAL SERVICES
We will usually prepare an engagement letter when we establish a professional relationship with a client. The engagement letter states the legal services that we expect to provide and the partner responsible for the client and the staff, including specialists, generally assigned to the client. Further, the engagement letter may contain a fee agreement.
Unless we have made a separate written fee agreement, we will calculate our fees on the basis of an estimate with due consideration to the importance and value of the case to the client, the outcome of the case, the nature and the extent of our work and the scope of responsibility involved.
We provide the client with a detailed description of our fee calculation method or an estimate of the expected fees. If we have provided the client with an estimate, and we expect that our total fees will exceed the estimated amount, we will notify the client as soon as possible. If the client is a private individual, we will always notify the client in writing.
We will invoice our fees on a monthly basis or after completion of the individual case. Our payment terms are 8 days net, and we add VAT as provided by current Danish legislation. In case of late payment, we charge 2% interest after the due date for every month or part of a month. If, however, the client is a private individual, interest may be charged from the time and subject to the interest rate set out in the Danish Interest Act (renteloven).
We may ask our clients to deposit the expected fees or part thereof. Normally, we request deposits from clients with whom we do not have a regular or longstanding professional relationship.
In addition to our fees, the client must pay for the expenses incurred by us in connection with our work, e.g. fees, travel and accommodation expenses and some copy and transport expenses. Such expenses will always be specified. We will notify the client of expected expenses, including public authority fees and transport expenses etc., and we reserve the right to request prepayment of any amount necessary to pay for such expenses.
Payments to Accura must be made in accordance with the payment information stated in our invoices.
10 CLIENT FUNDS
Accura handles all client funds entrusted to us in accordance with Danish legislation and the client account rules of the Danish Bar and Law Society (Klientkontovedtægten). All funds are deposited in client accounts with our bank, and interest on the amounts will accrue to the relevant client in accordance with the rules of the Danish Bar and Law Society. Similarly, any negative deposit interest rates will be imposed on the client and set off against client account deposits.
Please note that, if a bank is failing, client account deposits are subject to the same rules on the cover of deposits as personal bank account deposits. This means that, if restructuring proceedings or bankruptcy proceedings are commenced against a bank, the depositors may lose any deposit exceeding an amount equal to EUR 100,000 per depositor.
11 DUTY OF CONFIDENTIALITY
We keep confidential all information disclosed to us as part of our work subject to the rules of the Danish Bar and Law Society.
12 MARKET ABUSE
We are subject to current Danish legislation prohibiting the disclosure of inside information on listed companies and restricting the trading in listed securities. Moreover, our staff are subject to internal rules preventing market abuse.
13 INTELLECTUAL PROPERTY RIGHTS
Our clients are entitled to use the material prepared by us to the extent required by the specific case. However, we retain ownership of the intellectual property rights attaching to such material. Our clients may use our material only in connection with the specific case and are not entitled to disclose such material to any third party without our prior written consent.
We will continue to provide the assistance agreed until our work has been completed. We may, however, cease to provide assistance if our client makes a request to that effect or revokes its instructions, or if issues relating to our code of conduct make it inadvisable to continue our assistance. This also applies if the client's payment of our fees is delayed to a material extent, or if there is reason to doubt the client's ability to pay, and the necessary guarantee for payment of our fees is not provided, or if we believe that it is in the client's best interest that we cease to provide our assistance.
15 STORAGE OF FILES
In general, we store all documents relating to a case, including electronic data, for 5 years after completion, unless the nature of the case calls for a shorter or longer storage period or a longer storage period is required by Danish legislation. We will return the original documents on completion of our work, at the latest, unless otherwise agreed with the client.
Unless otherwise agreed, our marketing material may refer to Accura's assistance to the client in connection with the case when our work has been completed and has become public knowledge.
17 LIABILITY AND LIMITATION OF LIABILITY
Accura is liable under the general Danish law on damages for any loss suffered by the client as a result of our legal services. However, the amount of our liability is limited to DKK 50,000,000 per case irrespective of cause. The client is not entitled to receive more than DKK 100,000,000 for the total claims against Accura raised or increased within the same or the subsequent calendar year.
The client is only entitled to raise a claim against Accura as a result of Accura's legal services in connection with the case and not against any individual partner or staff with Accura.
We are not liable for any operating loss, loss of time, loss of data, loss of profits, loss of earnings capacity, goodwill, image or any other types of indirect loss or consequential damage.
Accura only advises on Danish law issues. Any statement or information from Accura concerning issues covered by the law of other jurisdictions is for informative purposes only, and Accura assumes no liability in that respect. We recommend that our clients engage foreign attorneys if the case involves foreign law issues. Accura assumes no liability for any legal services provided by foreign attorneys even if such attorneys have been engaged with Accura's assistance.
If the client finds that our legal services have not been satisfactory, we will encourage the client to contact the partner responsible for the case to find a solution. If dissatisfied with Accura's legal services, the client may contact Accura's Chief Operating Officer at any time.
Any complaint about attorneys will be heard by the Danish Disciplinary Board (Advokatnævnet). The rules on complaints are available at the website of the Danish Bar and Law Society www.advokatsamfundet.dk/Advokatnaevnet.aspx.
19 GOVERNING LAW AND DISPUTES
Any dispute between a client and Accura concerning Accura's legal services or these Terms of Business are governed by Danish law, and the Danish courts have sole jurisdiction, the City Court of Copenhagen being the court of first instance. However, Accura may demand that such dispute be decided by an arbitration tribunal in accordance with the Rules of Arbitration Procedure of the Danish Institute of Arbitration.
20 PROCESSING OF PERSONAL DATA
20.1 Data controller etc.
When you use Accura Advokatpartnerselskab's ("Accura") websites or otherwise contact us, Accura as data controller will process various personal data about you.
You are always welcome to contact us at firstname.lastname@example.org if you have any questions about how we process personal data. Also see clause 7 in which we describe your rights and clause 9 where you will find our additional contact details.
20.2 Data processor
20.3 Purposes, legal ground and categories of personal data
In connection with our provision of advice and services to you, we process data for the following purposes:
When you contact us, e.g. by email, your enquiry may sometimes contain personal data, such as contact details, your affiliation with a certain business or other personal data which you may disclose to us. In certain situations, we may also receive personal data about you from third parties, such as your employer or your colleagues. Such data may include your contact details and information about your affiliation with your employer.
We process such data e.g. to be able to handle and respond to your enquiry and to be able to advise you or the business with which you are employed. If our advice is directed at you as a natural person, the processing of your personal data is authorised by section 6(1) of the Danish Data Protection Act, cf. article 6(1)(b) of the General Data Protection Regulation. If we have not concluded an agreement directly with you concerning legal advice, e.g. if you are an employee with or otherwise represent a business to which we provide legal advice and if, in that connection, we process your personal data, we are authorised to do so by section 6(1) of the Danish Data Protection Act, cf. article 6(1)(f) of the General Data Protection Regulation. In that case, our legitimate interest is that it is necessary to process your personal data to comply with our agreement with the business you represent.
In specific situations, there may be cases where we process sensitive data and/or data concerning criminal offences. The processing of such personal data is authorised by section 7(1) or section 8(5) of the Danish Data Protection Act, cf. article 9(2)(f) of the General Data Protection Regulation.
In accordance with the Danish Anti-Money Laundering Act, we as a law firm are required to comply with several obligations in connection with our provision of legal advice. In that connection, we may be required to process personal data about you, including data about your name, civil registration (CPR) number, passport number, etc. The personal data, which we process to comply with our obligations under the Danish Anti-Money Laundering Act, will be processed only for this purpose. The processing of such personal data is authorised by section 6(1) of the Danish Data Protection Act, cf. article 6(1)(c) of the General Data Protection Regulation, and section 11(2)(i) of the Danish Data Protection Act, cf. the Danish Anti-Money Laundering Act.
If you sign up to receive one of our newsletters, we will register your email address and any other contact details which may constitute personal data to be able to send you our newsletters. In some cases, we also register other information which you specifically provide to us to be able to customise the news we send to you.
The processing of such personal data is authorised by the consent you give us when you sign up to receive our newsletter; see section 6(1) of the Danish Data Protection Act, cf. article 6(1)(a) of the General Data Protection Regulation.
You may withdraw your consent at any time if you no longer wish to receive newsletters from us. To do so, please contact us by using the contact details set out in clause 9.
When cookies and similar technologies are stored on your terminal equipment, your personal data may be processed, such as data about your IP address. The processing of such personal data is authorised by section 6(1) of the Danish Data Protection Act, cf. article 6(1)(f) of the General Data Protection Regulation. Our legitimate interest is that the data is necessary for us to prepare statistics on our visitors' use of our websites and optimize our websites.
20.4 Disclosure of and making available personal data
In several cases, we leave the processing of your personal data to our data processors. This is the case, for example, when we allow our data to be hosted by an external service provider. Our data processors only process your personal data according to our instructions, and we always conclude data processor agreements with our data processors.
If we deposit client funds on a client account, we are required to disclose the client's identity so that the custodian bank can perform its obligations under the Danish Anti-Money Laundering Act. Disclosing personal data is authorised by section 6(1) of the Danish Data Protection Act, cf. article 6(1)(c) of the General Data Protection Regulation, cf. the Danish Anti-Money Laundering Act.
20.5 Transfer to third countries
In certain situations, we transfer your personal data to recipients outside the EU and EEA. Such transfer will be made if we use data processors and/or subprocessors located outside the EU and EEA. This may also be the case if any opposing parties, advisors or authorities represented in a case are located outside the EU and EEA.
Under article 13(1)(e) and (f) of the General Data Protection Regulation and article 14(2)(e) and (f), we are required to inform you that, as at 25 May 2018, Accura has the following categories of recipients in third countries:
Data processors (indicated by number) and subprocessors (indicated by letter) in third countries (the countries are stated in parenthesis):
a. Microsoft Azure (USA)
b. Zapier (USA)
c. Airtable (USA)
2. Campaign Monitor
a. Amazon Web Services Inc. (USA)
b. E-Hawk LLC (USA)
c. Mixpanel, Inc. (USA)
d. Slack Technologies, Inc. (USA)
e. Google, Inc. (USA)
f. Segment.io Inc. (USA)
g. Optimizely, Inc. (USA)
h. PayPal, Inc. (USA)
i. Salesforce.com, Inc. (USA)
j. Marketo, Inc. (USA)
k. MaxMind, Inc. (USA)
l. Equinix, Inc. (USA)
m. Sift Science, Inc. (USA)
3. Kilgray Ltd. (Ungarn)
a. APH Inc.d(b/a Condero (USA)
a. Mailgun Technologies Inc. (USA)
a. Amazon Web Services (USA)
If the data processor has joined the EU-US Privacy Shield, this will constitute our legal ground for the transfer, see article 45(3) and (9) of the General Data Protection Regulation. If this is not the case, we will conclude EU standard contractual clauses approved by the European Commission before we transfer personal data to ensure the required level of protection for the transferred personal data; see article 46(2)(c) and (d) of the General Data Protection Regulation. If you want additional information about our transfer of personal data outside the EU and EEA, including a copy of the relevant security measures etc., you may make a request to that effect by exercising your rights as stated below (see clause 7 "Your rights").
20.6 Storage and deletion
We will generally process your personal data only for as long as there is an existing customer relationship between you or the business you represent and us. After that, we store the personal data for a period of up to ten years, depending on the specific data, to comply with our duties under the Code of Conduct for the Danish Bar and Law Society and the Danish Limitation of Claims Act.
If your enquiry does not concern a customer relationship, we will store the personal data for a period of up to five years after your enquiry has been completed.
Personal data which we have procured in accordance with the Danish Anti-Money Laundering Act and the Danish Bookkeeping Act are stored for a period of five years after the customer relationship has ended and will then be erased.
20.7 Your rights
Under chapter III of the General Data Protection Regulation, you have several rights in relation to our processing of data about you.
You must contact us if you want to exercise your rights.
Right of access
You have the right to access the data which we process about you and several other data.
Right to rectification
You have the right to request rectification of inaccurate data about you.
Right to erasure
In special situations, you have the right to request erasure of data about you before we are generally obligated to erase such data.
Right to restriction of processing
In certain situations, you have the right to request restriction of the processing of your personal data. If you have the right to request restriction of the processing, we will in future only be able to process your personal data – except for storage – with your consent or for the establishment, exercise or defence of legal claims or for the protection of a person or important public interests.
Right to object
In certain situations, you have the right to object to our otherwise lawful processing of your personal data. You may also object to the processing of your personal data for direct marketing purposes.
Right to data portability
In certain situations, you have the right to request that we send your personal data in a structured, commonly used and machine-readable format and that we transmit those data from one data controller to another without hindrance.
You can read more about your rights in the Danish Data Protection Agency's guidance on the data subjects' rights, which is available on www.datatilsynet.dk.
For purposes of making such enquiries, please use the contact details set out in clause 9.
20.8 Special circumstances relating to law firms
In certain situations, your rights as a data subject under the Danish data protection legislation does not apply to Accura's processing of your personal data.
Under the Danish Administration of Justice Act and the Code of Conduct for the Danish Bar and Law Society, Accura is subject to a duty of confidentiality and, therefore, we may omit to inform you of our processing of your personal data if we assess that the nature of such data is confidential.
Furthermore, Accura may omit to observe our duty to provide information to you if you already have knowledge of the data with which we are otherwise obligated to provide you or if the provision of information to you proves to be impossible, would involve disproportionate effort or would impair the achievement of the purposes of our processing.
Accura may also omit to observe our duty to provide information to you or omit to give you access to your personal data if we assess e.g. that the consideration for your interest in receiving the data is subordinate to decisive considerations for private interests.
20.9 Contact details
If you have any questions, comments or requests concerning the processing of your personal data, you are welcome to contact us at any time at:
CVR no.: 33 03 90 18
Tuborg Boulevard 1
Tel.: +45 39 45 28 00
If you wish to file a complaint about our processing of your personal data, please contact:
The Danish Data Protection Agency
Borgergade 28, 5
DK-1300 Copenhagen K
Tel.: +45 33 19 32 00
Fax: +45 33 19 32 18
See also https://www.datatilsynet.dk/om-datatilsynet/kontakt/