Status: 1 September 2023
1. Purpose and scope of this data protection declaration
Ghiggia Law and Notary Firm (hereinafter also: we, us) is a Law firm based in Lugano, Canton Ticino, Switzerland.
Within the scope of our business activities we collect and process personal data (hereinafter also: data), in particular personal data of our clients, associated persons, counterparties, courts and authorities, corresponding law firms, professional and other associations, visitors to our website, candidates for employment, recipients of our services, respectively relevant contact persons and employees (hereinafter also: you). The purpose of this data protection declaration is to illustrate how the Ghiggia Law and Notary Firm processes this data.
If data relating to other persons (e.g. family members, representatives, counterparts or other associated persons) are communicated, Ghiggia Law and Notary Firm and, on its behalf, its Attorneys, Notaries and Collaborators, may assume that the person communicating such data is authorised to do so, that such data are correct and that the person communicating such data has ensured that the data controller is informed about this transmission insofar as a legal obligation to inform applies. Informing the data controller of the data processed may take place in particular by transmitting a copy of this declaration.
2. Responsible and contact person
The person responsible under data protection law for the processing of data regulated in this declaration is:
Avv. Battista Ghiggia
Viale Stefano Franscini 1
If you have any questions on the processing of personal data or any other data protection issue, please contact:
3. Personal data processed and purpose of processing
During its activities, within the framework of the mandate, the Ghiggia Law and Notary Firm may process different categories of personal data for different purposes.
Personal data are processed primarily for the purpose of providing, documenting, invoicing, and improving our services. Processing includes processing to comply with legal requirements (e.g., to verify potential conflicts of interest) and to ensure the exercise of our clients’ rights or their defence in court. Clients’ personal data are also processed to communicate with them, to respond to their requests and to send them information about the Firm and/or the Lawyers and Notaries who work with the Firm.
In particular, the Ghiggia Law and Notary Firm processes personal data for the following purposes:
- Customer and mandate management data
The Ghiggia Law and Notary Firm processes in particular personal data such as the first name, surname and contact details of contact persons, function and title, company/department, sector, possible interrelationships (e.g. partners or close relatives) and other basic information that can be obtained from publicly accessible sources (e.g. Commercial Register/Land Register).
The data processed also include the Firm’s referrer, if any, the content of requests and mandates, counterparties and their representatives, as well as other information necessary to examine the existence of potential conflicts of interest. If there is a need to determine the identity of its clients/interlocutors/representatives, the Ghiggia Law and Notary Firm may collect further data (e.g. a copy of an identity document, foreigner’s permit or health insurance card).
In the context of the conclusion and execution of the mandate, the Ghiggia Law and Notary Firm may request the signing and transmission of powers of attorney, engagement letters and/or declarations of consent, as well as request information on third parties, such as contact persons, or request information on family and counterparts, the contents of a possible contract with the counterparty, the date of its conclusion and the solvency data of its clients.
The data processed may include, in particular, minutes of meetings and hearings, notes, internal and external correspondence, contractual documents, documents generated in the course of carrying out the mandate and received in the course of proceedings before Authorities and Courts (e.g. legal documents, case annexes, judgments and decisions), supporting information on clients, counterparties or third parties, image and sound recordings, as well as other information relating to the mandate such as documents, certificates, invoices, financial and payment information. In this context, the Ghiggia Law and Notary Firm may also process personal data worthy of special protection.
The Ghiggia Law and Notary Firm processes personal data in order to be able to communicate with its clients and/or third parties, e.g. the parties to the proceedings and their representatives, the Courts or the Authorities.
Communication shall take place orally or in writing, by e-mail, by telephone, by letter or otherwise in order to respond to requests received within the scope of legal advice and/or representation, as well as within the scope of the conclusion or execution of contracts.
The disclosure of personal data also includes the sending and receiving of advisory documents, information transmitted during the mandate by or on behalf of clients, opposing counsel, courts, authorities or other participants in the proceedings and/or which are prepared in the course of the mandate.
- Performance and billing data
The Ghiggia Law and Notary Firm processes data and information on the services provided and invoiced, billing data, the bill of services, as well as data on individual invoices and notary fees and payments, including bank details.
The Ghiggia Law and Notary Firm processes personal data in order to fulfil its contractual obligations towards clients and other contractual partners and, in particular, to be able to perform and enforce contractual services.
- Web Site Management
- Compliance with laws, directives and recommendations of the authorities, as well as internal regulations (compliance)
The Ghiggia Law and Notary Firm processes personal data to comply with applicable domestic and foreign laws (e.g. to combat money laundering, to comply with tax regulations or professional obligations), self-regulations, certifications, industry standards, its corporate governance, as well as for internal and external investigations in which it is a party (e.g. initiated by an investigating or supervisory authority or by a mandated private entity).
In the event of receiving applications for a job at its premises, Ghiggia Law Firm and Notary Public processes the data received for the purpose of examining and assessing the application, conducting the recruitment procedure and, if the application is successful, preparing and concluding the relevant contract. To this end, in addition to the contact details and the information contained in the relevant communication, Ghiggia Law Firm processes in particular the data contained in the application documents, which may include extracts from criminal records, and data that may be obtained about the candidate, for example from professional social networks, the internet, the media and any references mentioned.
- Other purposes
Other purposes include, for example, training and educational purposes, as well as administrative purposes (e.g. bookkeeping). The protection of other legitimate interests falls under ‘other purposes’, which cannot be listed exhaustively.
4. Origin of processed data
- Data provided directly by the interlocutor
A large part of the data processed is provided to us directly by you. In some cases, data is also transmitted to us automatically from your device.
Apart from exceptions (e.g. legal obligations), there is no legal obligation to disclose your data. However, if you wish to enter contracts with our law firm or benefit from our services, the transmission and authorisation for processing of certain data are required. The use of our website also involves the processing of data.
- Data provided by third parties
The Ghiggia Law and Notary Firm may collect data from publicly accessible sources (e.g. Execution and Bankruptcy Registries, Land Register, Commercial Register, media or the internet, including social media) or receive them from authorities, employers or principals who have a business relationship with us or who deal with us in some other way, as well as from third parties (e.g. clients, counterparties, legal protection insurances, credit agencies, address dealers, associations, contractual partners, internet analysis services).
This includes, in particular, data that are processed in the context of the initiation, conclusion and execution of the mandate, as well as data that are the subject of correspondence and further communication with third parties, but also all other categories of data within the meaning of Section 3.
5. Transmission of personal data
The Ghiggia Law and Notary Firm shall not pass on any personal data to third parties without the consent of the person concerned, unless this is in connection with the performance of the mandate or is necessary for the purposes described in this data protection declaration. Where necessary, the lawyer or notary in charge of the relevant file shall obtain the consent of the person concerned or arrange for release from professional secrecy by the competent supervisory authorities.
In particular, information may be forwarded to courts, authorities, opposing parties, corresponding lawyers, legal protection insurers and other experts in the context of the execution of the mandate.
In connection with the purposes described in section 3, the Ghiggia Law and Notary Firm transmits your personal data in particular to the categories of recipients listed below:
- Service Providers: The Ghiggia Law and Notary Firm cooperates with service providers in Switzerland and abroad, who either (i) process the data on its behalf (e.g. IT service providers), (ii) process the data together with it or (iii) process under their own responsibility the data they have received from it or collected on its behalf (e.g. IT service providers, Banks, Insurance Companies, debt collection companies, credit agencies, address verification services, other Law Firms or consulting companies).
- Clients and other contractual partners: This refers primarily to clients and other contractual partners of the Ghiggia Law and Notary Firm, for whom the transfer of the relevant data derives from a contractual basis. Also included in this category of recipients are entities with which the Ghiggia Law and Notary Firm collaborates, such as other law firms in Switzerland or abroad, or legal protection insurance companies. These recipients are responsible for the data processing carried out by them.
- Authorities and Courts: Ghiggia Law and Notary Firm may disclose personal data to Offices, Courts and other Authorities in Switzerland and abroad if this is necessary for the fulfilment of its contractual obligations and in particular for the execution of the mandate, or if the Lawyer/Notary responsible for the mandate is legally obliged or authorised to do so, or if this appears necessary to protect the interests of the Firm and/or its employees. Such recipients shall be responsible for the data processing carried out by them.
- Counterparties and persons involved: Insofar as this is necessary for the fulfilment of its contractual obligations, in particular for the execution of the mandate, the Ghiggia Law and Notary Firm also communicates your personal data to counterparties and other persons involved (e.g. guarantors, lenders, affiliated companies, other law firms, persons with knowledge of the facts or experts).
- Other persons: This includes other cases in which the involvement of third parties derives from the purposes mentioned under point 3. These are, for example, recipients of deliveries or payments indicated by you, third parties within the scope of representation relationships (e.g. your lawyer or your bank) or persons involved in proceedings before Authorities or Courts. The Ghiggia Law and Notary Firm may also disclose your personal data to the relevant Supervisory Authority, in particular if this is necessary in the individual case for the release from professional secrecy of the Lawyers and Notaries who work at the Ghiggia Law and Notary Firm. In the course of business development, the Ghiggia Law and Notary Firm may sell or acquire businesses, parts of businesses, assets or companies, or develop partnerships, which may involve the transmission of data (including information about you, e.g. as a client, supplier, or as a representative of the latter) to persons involved in these transactions. Communications with competitors, industry organisations, associations and other entities may also involve the exchange of data about you.
All these categories of recipients may in turn involve third parties, so your data may also become accessible to them. We may restrict processing by certain third parties (e.g. IT service providers), but not by other third parties (e.g. authorities, banks, etc.).
6. Rights of data subjects
Persons whose data is processed have the right to request information according to Art. 8 of the Federal Data Protection Law of 25 September 2020.
Although the processing is based on the consent of the data subject, the data subject has the right to withdraw his or her consent at any time with effect also for the future.
In addition, it is possible to invoke the other rights conferred by the Data Protection Law. In particular, the data subject may have his or her erroneous personal data corrected, request the deletion of his or her personal data, object to the processing of his or her data, request the delivery of certain personal data in a commonly used electronic format or its transfer to other data responsible.
In order to exercise these rights, the data responsible mentioned in Section 2 may be contacted. The request will be processed in accordance with the Data Protection Law. The response to such a request may also be denied or restricted in accordance with legal provisions (e.g. for the protection of third parties, business secrets or because of our professional secrecy).
In addition, the data subject has the possibility under the Federal Data Protection Law to contact the Federal Data Protection and Information Commissioner (www.edoeb.admin.ch).
7. Amendments to this data protection declaration
The Ghiggia Law and Notary Firm, and on its behalf its employees, may amend this data protection declaration at any time, since it is not part of a contract concluded with its clients/interlocutors.
This data protection declaration may be amended in particular in the event of a revision/amendment of the applicable legislation or a change in the way personal data are processed.
The version in force is the one published on this website.