Privacy Policy

1. WHO WE ARE:

We are O’Shea Barry Solicitors of 5 Fitzwilliam Place, Dublin 2. You can contact us at this address by post or by email at law@osheabarry.com.

Any questions pertaining to data protection or processing or access may be referred to the Solicitor conducting the work on your behalf in the letter to which this is attached.

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
to assist you with legal claims or legal proceedings
to assist you with your legal rights

The legal basis for the processing of this data is processing necessary for the performance of a contract to which you are a party.

Where we process special categories of data relating to you or others, 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, your insured, or your insurers and with other service providers necessarily involved in the provision of our services and with the counterpart solicitors in regard to any transactions or legal issues in which we may be retained to assist.

We may retain this data for the duration of our retainer and for a period of six years or such longer period as may be required or be considered appropriate having regard to the nature of the issues in dispute, the life and relevancy of any product of such legal services and the period during which issues may be expected to arise in connection with the services or product of the same.

B. For our potential, current and past clients, we process data:

in order to market the services of our firm
to provide you with legal updates and newsletters to which you have subscribed
to assist in the education and improvement of our knowledge, expertise and training

The legal basis for this processing is our legitimate interest in the administration and operation of our legal services as well as our legitimate interest in marketing and promoting our firm’s legal services. We always include an unsubscribe button in our communications, so you can opt out of receiving such communications at any time.

We may share information such as your name and email address with our newsletter services provider who sends out our newsletters. This provider is not permitted to use this data other than on our behalf.

We will retain this data for the period set out in category A above.

3. INFORMATION RECEIVED FROM THIRD PARTIES AND THE SOURCE OF THAT DATA

We may receive information from third parties in the course of providing our services which may include witnesses, whether as to fact or expert opinion; service providers with knowledge of the financial, business, or factual matters relevant to the services which we provide or going to be issues on which we are required to advise; government departments and registers; media sources; and academic and historical records.

4. TRANSFERS OF DATA OUTSIDE THE EUROPEAN ECONOMIC AREA

We seldom transfer data relating the services which we provide to parties located outside the European economic area. Generally speaking, if this arises these will be transfers to lawyers, or other professional service providers where their expertise is necessary or of benefit in the provision of our services. The safeguard we have put in place for this transfer is to enter into European Commission approved standard contractual clauses with the provider.

5. YOUR RIGHTS RELATING TO PERSONAL DATA

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

right to access the data – you have the right to request a copy of the personal data that we hold about you, together with other information about our processing of that personal data.
right to rectification- you have the right to request that any inaccurate data that is held about you is corrected, or if we have incomplete information you may request that we update the information such that it is complete.
right to erasure – you have the right to request us to delete personal data that we hold about you. This is sometimes referred to as the right to be forgotten.
right to restriction of processing or to object to processing – you have the right to request that we no longer process your personal data for particular purposes, or to object to our processing of your personal data for particular purposes.
right to data portability – you have the right to request us to provide you, or a third party, with a copy of your personal data in a structured, commonly used machine-readable format.

In order to exercise any of the rights set out above, please contact us at the contact details at the start of this privacy notice.

If we are processing personal data based on your consent, you may withdraw that consent at any time. This does not affect the lawfulness of processing which took place prior to its withdrawal.

If you are unhappy with how we process personal data, we ask you to contact us so that we can rectify the situation.

You may lodge a complaint with a supervisory authority. The Irish supervisory authority is the Data Protection Commission.

6. REQUIREMENT TO PROCESS PERSONAL DATA

If you do not provide us with your information for the purposes described above, we cannot provide you with legal advice, represent you in legal proceedings nor assistance in such transactions or other legal issues upon which you may have consulted us or send you our newsletter.

7. AUTOMATED DECISION-MAKING AND PROFILING

We do not use any personal data for the purpose of automated decision-making or profiling.