MHP Privacy Notice for Clients and Business Contacts

1. Who we are:

MHP Solicitors, of 9-11 Bindon Street, Ennis, County Clare V95 K2DT, Ireland, takes its responsibilities under applicable data protection law, including the General Data Protection Regulation (EU) 2016/679 and implementing legislation (“Data Protection Law”) very seriously. You can contact us at this address or email info@mhp.ie. Our data protection representatives are Leona McMahon at lmcmahon@mhp.ie and Pauline O’Kane at pokane@mhp.ie. The purpose of this notice is to inform you of the data relating to you that we may collect and use and the uses (including disclosures to third parties) we may make of your data, which includes the provision of legal advice and business services.

MHP Solicitors are responsible for your Personal Data. We take all reasonable steps to ensure the safety and privacy of all information and, where appropriate, enter into contracts with third party processors to protect the privacy of any personal data processed by us.

2. Why we process your data, the lawful basis for processing your data and who we share it with

A. For our clients, we process data:

  • in order to provide you with legal advice and business services
  • to assist you with legal claims or legal proceedings
  • to assist you with your legal rights
  • for administrative and billing purposes and for other purposes which are reasonably incidental to the services being provided.
  • maintaining our list of contacts.

The legal basis for the processing of this data is processing necessary for the performance of a contract to which you are a party. We also process your personal data in order to comply with legal obligations which we are subject. We process your personal data;

  • To comply with our legal and statutory obligations (AG record keeping obligations).
  • Conduct conflict checks
  • To comply as appropriate with the Law Society of Ireland and other relevant Government land or regulatory authorities or bodies.
  • To establish exercise and defend our legal rights in any legal proceedings which may arise.
  • To comply with our obligations under anti money laundering and financing legislation.
  • To prevent, detect and respond to actual potential fraud or other illegal activities.

Where we process special categories of data relating to you, e.g. health data that we may process in connection with a legal claim where we are acting on your behalf, our legal basis for processing will be that the processing is necessary for the establishment, exercise or defence of legal claims.

There may also be limited circumstances where our legal basis for processing is your consent (where we have sought it and you have provided it to us), in which case you can withdraw your consent at any time. We share this data with our practice management system provider. We may also send you emails through our email service provider. They may only process this data for the purpose of providing us with their services, and no other purpose.

We may also share certain parts of this data with your barrister, doctor or expert witness and with the counterpart solicitor.

We will retain your personal data for as long as it is reasonably necessary for us to provide you with legal advice and business services. In accordance with our data retention policy, we shall keep the personal data we process on the instructions from our client for a minimum of 13.5 years from closure of the relevant matter or for a period of 7.5 years after the client in question ceases to be our client.

3. Sources of data

As well as collecting information from you or other professional services advisors, in some cases your personal data has been supplemented by information obtained from publically available sources. This includes third parties such as barristers, consultants, expert witnesses, advisors and technology service providers including IT service providers/

4. Sharing your data

We may disclose your personal data to third party recipients acting on your or our behalf, for the purposes of providing legal advice and business services to you and for providing you with information which we believe you may be interested in.

5. Retention

We will retain your personal data for as long as it is reasonably necessary for us to provide you with legal advice and business services. If you are a business contact, we will retain your personal data for as long as we consider you to be a business contact and we will give you the opportunity to unsubscribe if you no longer wish to receive communications and invitations from us.

6. Security measures to keep your personal data safe

We employ appropriate technical and organisational security measures to help protect your personal data against loss and to guard against access by unauthorised persons. We carry out risk assessments on all third party service providers to make sure the personal data they hold is secure. We regularly review our security policies and procedures to ensure our systems are secure and protected.

7. Necessity of provision of certain information and consequences

You may be required to provide us with certain information in order for us to verify your identify and carry out anti-money laundering or other checks which are required by law. This information consists of identification and verification documentation for individuals. If you do not provide us with such information, we will be unable to provide you with legal services.

Apart from the details mentioned above, you are not under a statutory or contractual duty to provide us with any personal data. However, there are some pieces of information that you must provide to us so that we can provide you with our legal services. We will notify you of any such required information. If you do not provide us with this information, we may not be in a position to provide our legal services to you.

8. Transfers abroad

Where relevant and necessary for the firm’s business including our representation of you, we may transfer your personal data outside the European Economic Area, including to a jurisdiction which is not recognised by the European Commission as providing for an equivalent level of protection for personal data as is provided for in the European Union. If and to the extent that we do so, we will ensure that appropriate measures are in place to comply with our obligations under applicable law governing such transfers, which may include (i) entering into a contract governing the transfer which contains the ‘standard contractual clauses’ approved for this purpose by the European Commission or (ii) seeking and obtaining your explicit consent to the transfer or (iii) where the transfer is necessary for the establishment, exercise or defence of legal claims.

9. Your rights and how to update your information

You have the following rights, in certain circumstances and subject to certain restrictions, in relation to your personal data:

9.1  the right to be provided with a copy of your personal data;
9.2 the right to request the rectification and/or erasure of your personal data;
9.3 the right to restrict the use of your personal data;
9.4  the right to object to the processing of your personal data, where we are processing it based on this being necessary for the purposes of our or of a third party’s, legitimate interests; and
9.5 the right to receive your personal data, which you have provided to us, in a structured, commonly used and machine-readable format or to require us to transmit that data to another controller, where we are processing the data based on your consent or that this is necessary for the performance of a contract with you.

In order to exercise any of the rights set out above, or if you have any questions about how we process your personal data, you can email us info@mhp.ie or write to us at MHP Solicitors, 9-11 Bindon Street, Ennis, County Clare V95 K2DT, Ireland. Please note that the limitation or deletion of your personal data may mean that we will be unable to provide you with the communications and/or invitations described above.

We are required to keep all personal data accurate and up to date. To assist us in doing so, we ask you to contact your usual business contact at MHP Solicitors, 9-11 Bindon Street, Ennis, County Clare V95 K2DT, Ireland with any relevant changes, such as change of address or contact telephone numbers.

10. Complaints

We take a high level of care in how your personal data is handled to ensure that it is safeguarded and our legal obligations are met. If you are not happy with the way we have used your information or addressed your rights, you may contact us a MHP Solicitors, 9-11 Bindon Street, Ennis, County Clare V95 K2DT, Ireland.
You also have the right to make a complaint to the Irish Data Protection Commission by emailing info@dataprotection.ie.