Last Updated: 1 July 2020

Purpose of this Privacy Notice

Derains & Gharavi (“the firm”) acts as legal counsel and carries out other activities in relation to disputes or potential disputes that are submitted to arbitration and other dispute resolution mechanisms, both during their pendency and after their conclusion. (“Dispute Resolution Proceedings”).

This Privacy Notice describes how the firm collects and processes personal data in the context of those services and activities.

Dispute Resolution Proceedings may finally determine the rights and interests of persons (both individuals and legal entities) and must therefore be undertaken fairly and impartially, which requires that the parties’ fundamental due process rights, rights to equal treatment and their right to present their case and to be heard are protected.

The firm’s activities as legal counsel during Dispute Resolution Proceedings may require it to process personal data relating to arbitrators, mediators, adjudicators, experts, and others acting or potentially acting in similar roles (“Neutrals”), as well as tribunal secretaries, employees of arbitral institutions, parties, their authorised and legal counsel, witnesses, and other individuals that may be identified or identifiable in any information that is processed during the Dispute Resolution Proceedings.

The firm acts as a controller of personal data for some of its activities as legal counsel. You should be aware that others may also act as data controllers during a Dispute Resolution Proceeding, for example, the parties, their authorised representatives, other legal counsel, the arbitral institution, and Neutrals. When the firm acts as legal counsel, it is responsible for the data processing activities that it undertakes in that function, but not for the activities undertaken by other data controllers acting in the context of Dispute Resolution Proceedings. Their activities are not the subject of this Privacy Notice.

Please note that when, in the context of Dispute Resolution Proceedings, you provide the firm with any personal data relating to individuals with whom the firm has no direct relationship, it is your duty to provide the individuals with adequate notice that their data is being processed for this purpose and to comply with your data protection obligations under the applicable law(s).

This Privacy Notice is in effect as of the date indicated at the end of this Privacy Notice. A link to the Privacy Notice is found under the signature line of the firm’s emails..

If you have any questions about this Privacy Notice, or how the firm treats your personal data in the context of Dispute Resolution Proceedings or wish to exercise any of your data subject rights, please refer to the details found at the end of this Privacy Notice.

What personal data does the firm collect and how?

Depending on the circumstances, the firm may obtain the following personal data about you in the context of Dispute Resolution Proceedings in which it acts as legal counsel:

Institutional Representatives

• Your name, contact details, and other information you may provide to the firm in the context of Dispute Resolution Proceedings in which the firm acts as legal counsel.

Neutrals

• Your name, contact details, financial information (including banking details), personal identification information (including passport information) and other personal data submitted to the firm by you, a party, a party’s authorised representative or legal counsel, a Neutral, a tribunal secretary, or a representative of the institution, or that is otherwise disclosed to, or collected by, the firm from third parties or publicly available resources in the context of Dispute Resolution Proceedings in which the firm acts as legal counsel;
• Information about whether you are subject to economic sanctions or any other legal or regulatory impediment.

Tribunal Secretaries

• Your name, contact details, financial information (including banking details), personal identification information (including passport information) and other personal data submitted to the firm by you, a party, a party’s authorised representative or legal counsel, a Neutral, a tribunal secretary, a representative of the institution, or otherwise disclosed to, or collected by, the firm from third parties or publicly available resources in the context of Dispute Resolution Proceedings in which the firm acts as legal counsel;
• Information about whether you are subject to economic sanctions or any other legal or regulatory impediment.

Individual Parties/Party’s Authorised and Legal Counsels

• Your name, contact details, financial information (including banking details), personal identification information (including passport information) and other personal data submitted to the firm by you, a party, a party’s authorised representative or legal counsel, another Neutral, a tribunal secretary, or a representative of the institution, or that is otherwise disclosed to, or collected by, the firm from third parties or publicly available resources in the context of Dispute Resolution Proceedings in which the firm acts as legal counsel;
• Information about whether you are subject to economic sanctions or any other legal or regulatory impediment.

Fact and Expert Witnesses

• Your name, contact details, financial information (including banking details), personal identification information (including passport information) and other personal data submitted to the firm by you, a party, a party’s authorised representative or legal counsel, another Neutral, a tribunal secretary, or a representative of the institution, or that is otherwise disclosed to, or collected by, the firm from third parties or publicly available resources in the context of Dispute Resolution Proceedings in which the firm acts as a legal counsel;
• Information about whether you are subject to economic sanctions or any other legal or regulatory impediment;
• Personal data you choose to include in your witness statement or expert report and any oral testimony you may give (which may be transcribed), as submitted to the firm during Dispute Resolution Proceedings in which you provide written or oral evidence;
• Any other personal data of yours submitted to the firm by a party, a party’s authorised representative or legal counsel, a Neutral, a tribunal secretary, or a representative of the institution, or that is otherwise disclosed to, or collected by, the firm from third parties or publicly available resources in the context of Dispute Resolution Proceedings in which the firm acts as legal counsel.

Other Individuals

• Personal data of yours submitted to the firm by a party, a party’s authorised representative or legal counsel, a Neutral, a tribunal secretary, or a representative of the institution, or that is otherwise disclosed to, or collected by, the firm from third parties or publicly available resources in the context of Dispute Resolution Proceedings in which the firm acts as legal counsel.

How does the firm use your personal information and on what legal basis?

In the context of Dispute Resolution Proceedings in which the firm acts as legal counsel, depending on the circumstances, the firm may use your personal data in the following ways and on the legal bases described below:

Neutrals and Tribunal Secretaries

• To assess your availability and suitability (including in response to specific challenges made by parties) to be appointed and to continue to act in Dispute Resolution Proceedings, the parties’ legitimate interests in resolving the dispute between them and their interest in ensuring that the arbitral process operates efficiently and expeditiously and that their rights are respected;
• To remit funds to you or provide administrative information regarding your (potential) appointment or the conduct of Dispute Resolution Proceedings, as necessary for the performance of any agreement the firm may have entered into and its duties under it;
• To facilitate the general conduct of Dispute Resolution Proceedings, as necessary for furthering the parties’ legitimate interests in resolving the dispute between them and their interest in ensuring that the arbitral process operates efficiently and expeditiously and that their rights are respected;
• Where necessary to meet the firm’s legal and regulatory compliance obligations, including those relating to taxes, economic sanctions and money laundering (“Legal Compliance Obligations”).

Legal Counsel of other Parties

• To facilitate the general conduct of Dispute Resolution Proceedings, as necessary for furthering the firm’s and the parties’ legitimate interests in resolving the dispute between them efficiently and expeditiously and that their rights are respected;
• Where the Firm has entered into an agreement to provide services to you as an individual in connection with Dispute Resolution Proceedings, it may process your personal data (only) as necessary to perform its obligations and duties under that agreement;
• Where necessary to meet the firm’s Legal Compliance Obligations.

Expert and Fact Witnesses

• To facilitate your giving evidence in Dispute Resolution Proceedings, and the examination of such evidence, as necessary for furthering the firm’s and the parties’ legitimate interests in resolving the dispute between them efficiently and expeditiously and that the rights of the parties are respected;
• Where necessary to meet the firm’s Legal Compliance Obligations.

Other Individuals

• As necessary for furthering the firm and the parties’ legitimate interests in resolving the dispute between them, efficiently and expeditiously and that the rights of the parties are respected;
• Where necessary to meet the firm’s Legal Compliance Obligations.

How does the firm share your personal information?

Depending on the circumstances in which the firm processes your personal data, the firm may share it with the following people, as necessary for furthering the firm’s and the parties’ legitimate interests in resolving the dispute between them efficiently and expeditiously and that the rights of the parties are respected or as otherwise set out below:

• Participants involved in Dispute Resolution Proceedings in which you are also involved;
• The firm’s service providers such as third-party data hosting providers in order for it to provide services in connection with Dispute Resolution Proceedings;
• With third parties, including the firm’s colleagues, professional advisors, financial institutions, or law enforcement agencies, where necessary to perform conflict checks, to comply with the firm’s Legal Compliance Obligations, or where it is otherwise in the firm’s or another Arbitral Participant’s legitimate interests to do so.

Where does the firm transfer your personal data?

If the recipient is not based in a jurisdiction providing an adequate level of protection for personal data as determined by the relevant regulatory body, the firm makes such transfers in accordance with its legal obligations, for example where the transfers are necessary to establish, exercise or defend legal claims in the context of Dispute Resolution Proceedings, or where there is another lawful basis to do so..

How long does the firm retain your personal information?

The firm will only keep your personal data for as long as is reasonably necessary in the circumstances. Retention periods vary depending on the category of data, taking into account legal and regulatory requirements, limitation periods for taking legal action, good practice and the lawful basis on which the firm processes it.

What rights do you have over your personal data?

Depending on the circumstances, you may have a number of rights over the personal data that the firm processes about you. These may include the right to:

• Request access to your personal data and obtain a copy of it from the firm;
• Correct your personal data that the firm hold where it is incomplete or inaccurate;
• Have your personal data erased where there is no good reason for continued use or retention, unless the processing is necessary to pursue a legal claim or defense;
• Request that your personal data is used only for limited purposes, unless the processing is necessary to pursue a legal claim or defense;
• Request the firm to stop processing your personal data when it is being processed based on your consent;
• Object to your personal data being processed if the lawful basis for processing it is either the firm’s or a third party’s legitimate interests unless there are overriding legitimate grounds for the processing;
• Require certain of your personal data to be transferred to you or a third party to the extent that the firm collected the data directly from you; and
• Lodge a complaint with the relevant data protection authority.

If you wish to exercise any of these rights, or if you have any questions about this notice or about how the firm treats your personal data, you can contact us as follows:

• By email: contact@derainsgharavi.com
• By post:
  
  Derains & Gharavi
  25, rue Balzac
  75008 Paris
  France

Please note that if you are an employee of, nominated or engaged by, or otherwise affiliated with, a party to a Dispute Resolution Proceeding in which the firm acts as a legal counsel, the firm suggests that you raise your concerns with that party first before contacting it regarding the processing of your personal data in the context of Dispute Resolution Proceedings.

Date: 1 July 2020