Terms of Business
1.1 These terms and conditions apply to Mette Klingsten Advokatfirma’s legal assistance and other services, unless otherwise agreed in writing between Mette Klingsten Advokatfirma and the client.
2 Information about Mette Klingsten Law Firm
2.1 Mette Klingsten Advokatfirma’s contact details are as follows:
Mette Klingsten Law Firm
Østerfælled Torv 3
2100 Copenhagen East
Phone: +45 31 44 01 04
CVR no. 27801021
3 The lawyers
3.1 Every lawyer in Mette Klingsten Advokatfirma is appointed as a lawyer by the Ministry of Justice in Denmark and is part of the Bar Association. The lawyers are covered by the rules on lawyers in the Administration of Justice Act, including the Bar Association’s supervisory and disciplinary system, and by the rules on good legal practice, cf. § 126 of the Administration of Justice Act. In addition, the Bar Ethics Rules apply, which set requirements for lawyers’ professional standards and ethics. Reference is also made to the Bar Association’s website www.advokatsamfundet.dk.
4 Reception of the case
4.1 On receipt of a case, we investigate whether there is a disqualification or conflict of interest or other conditions that prevent us from taking on the case.
4.2 Mette Klingsten Advokatfirma is subject to the Money Laundering Act and, upon receipt of the case, obtains the information and documents required by law to the relevant extent.
5.1 Our fee is calculated based on the time taken to process the case, the scope, difficulty and nature of the work, including the degree of specialist knowledge that has been applied to the case, the values involved, the responsibility associated with the case, the importance of the case for the client and the result achieved.
5.2 We invoice our services at reasonable intervals (typically monthly, bimonthly or quarterly). For individual tasks of a short duration, we usually invoice in connection with the end of the case. Our payment terms are net 8 days, and we add VAT according to current regulations. In case of delayed payment, we calculate 2% per started month after the invoice is due. In consumer relations, however, the interest is calculated from that time and with the interest rate that follows from the provisions of the Interest Act.
5.3 We inform clients about the possibility of public or insurance-covered legal aid in accordance with applicable legislation or insurance taken out by the customer, if it is relevant in the specific case. If the fee is to be paid provisionally or finally by the public sector or by an insurance company, we inform the customer of the principles for determining the fee and of the possible consequences for the customer.
5.4 We can request the deposit of all or part of the fee that we expect the case to trigger. We will normally request a deposit from clients who do not have a fixed or long-term customer relationship with us.
6.1 In addition to the fee for the assistance provided, the client will be invoiced for any outlays in connection with this, including fees, reasonable travel and accommodation expenses, catering and major copying, translation and shipping costs. This will either be done separately or with the next invoice.
7 Client funds
7.1 All funds entrusted to us by our clients are managed according to the Danish Bar Association’s rules for client accounts. The client funds are deposited and accrued interest on client accounts with our bank connection. Attention is drawn to the fact that the previous rules on special depositor guarantees for client accounts have been repealed from 1 June 2015. Thereafter, the general rules on depositor guarantees apply, after which, as a starting point, only amounts up to the equivalent of 100,000 euros per the depositor is protected in the event of the bank’s restructuring or bankruptcy. If the client himself has additional deposits in the same bank, the limitation of 100,000 euros applies to the accounts together. Neither Mette Klingsten Advokatfirma nor the individual lawyer can bear the risk of the funds in the event of the bank’s reconstruction or bankruptcy.
8 Measures against money laundering
8.1 As a law firm, we are subject to the rules in the Act on Preventive Measures Against Money Laundering and the Financing of Terrorism (Money Laundering Act). We have a duty to obtain and store information about customers’ identity and ownership and control structures in accordance with the rules of the Money Laundering Act. We must also investigate transactions if there is a suspicion that they are linked to money laundering or the financing of terrorism.
9 Copyright of material
9.1 The copyright to the documents and other work produced by Mette Klingsten Advokatfirma belongs to Mette Klingsten Advokatfirma, unless otherwise specifically agreed with the client.
10 Confidentiality etc.
10.1 Lawyers and other employees at Mette Klingsten Advokatfirma are subject to confidentiality. All information is treated confidentially.
10.2 Lawyers and other employees at Mette Klingsten Advokatfirma are subject to internal rules in accordance with legislation
11.1 As a general rule, we store all case files electronically for 5 years from the end of the case, unless the nature of the case justifies a shorter or longer storage period, or the legislation requires a longer storage period.
12.1 Mette Klingsten Law Firm advises only on Danish law and aspects of EU law. Any dispute between a client and us must be resolved in accordance with Danish law at the competent Danish court.
12.2 We are responsible for our assistance to our clients according to the general rules of Danish law, however, so that our liability is limited to DKK 50 million. DKK for each individual case. Our liability does not include operating loss, loss of data, lost profit, goodwill or other forms of indirect loss.
12.3 Mette Klingsten Advokatfirma has taken out liability insurance in accordance with the rules of the Bar Association. The liability insurance covers all legal activities, regardless of where the legal activities are carried out. Mette Klingsten Advokatfirma’s liability insurance is taken out with CNA Hardy, CVR no. 24256375, Hammerensgade 6, 1st floor, 1267 Copenhagen K.
13 Choice of law and disputes
13.1 Disputes between a client and Mette Klingsten Advokatfirma regarding a lawyer’s advice or these terms and conditions are subject to Danish law and must be decided by the Danish courts with Copenhagen City Court as the agreed place of first instance. Mette Klingsten Advokatfirma can, however, demand that any disputes be decided by an arbitration court in accordance with the rules of the Norwegian Arbitration Institute.
Your personal data
As a result of the Data Protection Regulation, which entered into force on 25 May 2018, and the Data Protection Act, Mette Klingsten Advokatfirma has adopted a personal data policy with stringent requirements for handling personal data.
As a client, there may be times when Mette Klingsten Advokatfirma stores personal information about you and other parties that we represent on your behalf. According to the Data Protection Regulation and the Data Protection Act, we as data controllers must inform you about our processing of your personal information.
We only process your personal information if it is reasonable, proportionate and necessary in accordance with the provisions of the Data Protection Regulation.
Our processing of your personal data
We process personal information as part of the practice of law. As a starting point, we only process general personal data such as a person’s name, contact details and other identification information such as personal ID, passport, etc. In some cases it will be necessary to process sensitive personal data as defined in Article 9 of the Data Protection Regulation, for example race, skin colour, religion or belief , political opinion, sexual orientation, age, disability or national, social or ethnic origin. In special cases, we will store criminal records.
Personal information is stored and processed as part of case processing or for other necessary reasons, including as part of compliance with legal obligations. Personal information may be stored for a period after the end of the case, cf. below. We also store information in our CRM system or address book.
In connection with our advice, we receive a number of files either from the client or a third party. Third parties can e.g. be the courts, the other party or public authorities.
We also process personal data in accordance with the Judicial Administration Act, Articles 6 and 7 of the Data Protection Regulation and the Personal Data Act.
The basis for processing data may be the information that the client or a person representing the client passes on to us as part of our legal work, or as a result of legal obligations. It follows from the Administrative Procedure Act and the lawyer’s ethical rules that we have certain obligations to process data in relation to the cases we handle. We are also obliged by §§ 10 and 11 of the Swedish Money Laundering Act. Normally, the basis for processing sensitive information will be that it is necessary for a legal claim to be established, made or rejected, cf. the Data Protection Regulation, Article 9, subsection 2, letter f, i.
It may be necessary to disclose information to third parties such as courts, banks, public authorities or other lawyers, associations or parties. Disclosure will take place within the framework of the Data Protection Regulation, the Data Protection Act and other relevant regulations. Below are special rules in the Administrative Procedure Act, which means that in most cases we do not pass on information to third parties as a result of our duty of confidentiality.
The purpose of the processing of personal data
As a starting point, all personal data is processed in accordance with Article 6, subsection 1, letter b, of the Data Protection Regulation, but can also take place in accordance with the rules on balancing of interests in Article 6, paragraph 1, letter f, of the Data Protection Regulation.
We process personal data about you because we have to use it when processing your case in accordance with the rules in the Administrative Procedure Act.
Storage of personal data
We store personal data in our IT system, which is an externally hosted system (Abakion), or in other relevant archives. Relevant measures have been put in place to ensure that all personal information is processed securely and only by the relevant persons who have access to the information. As a starting point, personal information will be deleted after 5 years, after the case has been completed and the case has been placed in our archive, unless there is a special reason for the information to be stored for a longer period of time. Personal data in CRM systems and address registers are stored as long as we need to be able to get in touch with each other. The Danish Money Laundering Act contains rules on how long information may be stored, which we comply with.
If the processing of your information takes place at our address, you can revoke your consent. You can withdraw your consent by sending an e-mail to email@example.com. We delete information unless there is a right to continue processing your information. It is noted that deleting your personal data will not affect the lawful processing that has already taken place before the withdrawal of your consent.
Right to protest
All data subjects have the right to object to otherwise lawful processing of personal data. However, this only applies if the processing takes place in accordance with the Data Protection Regulation, Article 6, subsection 1. Data subjects can also object to the use of personal data in connection with direct marketing.
In some cases, the data subject will have the right to receive his personal data in a structured, commonly used and machine-readable format and to pass on his personal data from us to other data controllers.
Exercising rights and submitting complaints
If a data subject wishes to exercise his rights, an e-mail can be sent to firstname.lastname@example.org, or the lawyer or paralegal who is the contact person can be contacted directly. This is done by sending a message to this person per e-mail or letter to Mette Klingsten Advokatfirma, August Bournonvilles Passage 1, 1055 Copenhagen K.
Data subjects also have the right to lodge a complaint with the Data Protection Authority at email@example.com or by writing to the Data Protection Authority, Borgergade 28, 5th, 1300 København K.
If you, as a client or data subject, have questions about the above or otherwise need assistance, you are welcome to contact Mette Klingsten directly at firstname.lastname@example.org.