1. Information about the processing of personal data
Your data security is important to us, and we therefore take great care to ensure that your personal data is handled responsibly. Below you can read how DAHL Advokatpartnerselskab (hereinafter DAHL, "we", "us" or "our") processes personal data about you when we act as data controller. You can also read about your rights in relation to our processing.
2. DAHL's role as a data controller
DAHL is responsible for the processing of personal data that DAHL processes in the context of insolvency cases, including bankruptcies, reconstructions, debt settlements and insolvent estates (hereinafter referred to as insolvency cases), where an employee of DAHL is appointed by the probate court as a trustee, reconstruction administrator, assistant receiver or receiver, respectively.
If you have any questions regarding our processing of your personal data, please contact DAHL here:
Central Business Reg. No. (CVR) 37 31 00 85
If you are a debtor, creditor, owner, heir or employee in relation to the insolvency proceedings in question, this means the following for you:
3. What personal data we collect and why
During insolvency proceedings, DAHL will process information about the debtor and the company's material. This material may contain personal data, such as information on the debtor's and/or the company's debtors, creditors and employees in the form of name, address and information on any debt, etc. The material may also contain information on civil registration numbers, e-mail addresses and telephone numbers.
DAHL processes the data in the course of the proceedings, including the recovery of claims, the protection of the interests of the bankruptcy estate, the identification and sale of assets, the operation of the bankrupt company, the investigation of any voidable or actionable conduct, etc.
DAHL may also obtain personal data from publicly available sources, including from social media, public databases and from third parties, where required as part of the insolvency proceedings. You can also provide DAHL with personal data yourself, either in writing, orally or during court hearings.
In addition, if we find that electronic materials – including emails and files – have been deleted, we will have the material restored and will review the material as part of the case.
In general, DAHL only processes general personal data in the context of the insolvency proceedings, but may also process sensitive personal data and personal data relating to criminal convictions and offences.
DAHL processes the personal data solely for the purpose of facilitating the processing of the case pursuant to the relevant provisions of the Danish Bankruptcy Act.
The processing of your personal data in the context of the insolvency proceedings is based on Article 6(1)(c) of the General Data Protection Regulation.
The processing of data relating to the criminal convictions and offences of debtors, owners or employees is carried out on the basis of Article 8(3) of the Danish Data Protection Act, cf. Article 10 of the General Data Protection Regulation, as the processing is necessary for the processing of the insolvency proceedings.
The processing of civil registration numbers is based on Article 11(2)(1) and/or (4), including Article 9(2)(f) of the General Data Protection Regulation.
In addition, DAHL may process personal data relating to employees of the bankrupt company in connection with insolvency proceedings – for example in connection with continued operations. In this context, DAHL may process personal data about employees for the purpose of managing the employees' employment relationship, for the payment of salary and in relation to the Employee' Guarantee Fund. Therefore, we process general personal data about these employees' master data, including name, address, date of birth, email address, etc. There may also be cases where we process sensitive personal data, including health data and information on trade union matters for the purposes of managing the employment.
The processing of data relating to the employment relationship of employees is carried out in accordance with Articles 7 and 12 of the Danish Data Protection Act and Article 9(2)(b) of the General Data Protection Regulation, cf. Articles 6(1)(b) and 6(1)(c). The processing of this information is necessary for any decision on taking up employment, handling any salary claims by employees, clarifying the legal position in relation to employment law (including the Danish Act on Sickness Benefits) and compliance with the employment contract with employees when they take up employment.
4. Disclosure of your personal data to others
DAHL only discloses personal data to the extent necessary for the processing of the insolvency proceedings or where DAHL is obliged to do so.
In the context of the insolvency proceedings, it may be necessary to disclose personal data to the following recipients (the list is not exhaustive):
- The courts
- The Employees' Guarantee Fund
- Pledgees, creditors, credit reference agencies
- Liaison lawyers representing DAHL in court
- Carriers, locksmiths, workmen and similar, valuation experts and auditors which DAHL may engage as part of the process
- Tax administration office and/or the police
- Landlords, trading partners, suppliers or others who must be notified of the insolvency proceedings
- Auction houses that are to handle the sale of assets
- Approved debt collection consultants
- Potential buyers
- Public authorities, including the Danish Board of Agriculture, the Danish Business Authority, etc.
5. Retention period, data integrity and security
Your personal data will not be kept longer than is necessary for the purpose. When your data is no longer needed, we will ensure that it is deleted in a secure manner.
As a general rule, DAHL will keep your personal data for 10 years after the insolvency proceedings have been finally terminated in order to take account of any liability claims made in connection with the insolvency proceedings. The storage period may, however, in specific circumstances be shorter or longer.
It is our policy to protect personal data by taking adequate technical and organisational security measures. We have implemented security measures to ensure data protection for all personal data that we process. We conduct regular internal follow-ups on the adequacy of and compliance with policies and measures.
6. Your rights
As a data subject, you have certain rights under the General Data Protection Regulation. If you want to exercise your rights, please contact us.
If our processing of your personal data is based on your consent, you have the right to withdraw your consent at any time. However, please be aware that this does not take effect until the time of such withdrawal. Consequently, it does not affect the legality of our processing of your personal data until the time when you withdraw your consent.
Your rights also include the following:
- Right of access: You have the right to access the personal data we process about you.
- Right to rectification: You have the right to obtain rectification of any inaccurate and incomplete personal data about you.
- Right to erasure (right to be forgotten): In exceptional cases, you have the right to obtain erasure of information about you before the time when we would normally delete your data.
- Right to restriction of processing: In certain situations, you have the right to restrict the processing of your personal data. If you have the right to restrict the processing of your personal data, we may only process personal data in the future – apart from storage – with your consent, or for the establishment, exercise or defence of legal claims, or to protect an individual or important public interests.
- Right to object: In certain situations, you have the right to object to our processing of your personal data, and always if the processing is for direct marketing purposes.
- Right to data portability: In certain situations, you have the right to receive your personal data in a structured, commonly used and machine-readable format and to have those personal data transferred from one data controller to another.
- Right to lodge a complaint: You can lodge a complaint at any time with the Danish Data Protection Authority about our processing of personal data. See more at datatilsynet.dk/english where you can also find further information on your rights as a data subject.