Information on the Money Laundering Act and the Data Protection Regulation
According to the Money Laundering Act, lawyers must obtain the client’s identity information in cases of purchase and sale of real estate or companies, money management, securities etc., opening of bank accounts or securities deposits, provision of company capital, establishment, operation and management of businesses, financial transactions and transactions regarding real estate.
According to the Data Protection Regulation, clients must be informed that, in addition to information under the Money Laundering Act, the lawyer also receives personal information such as name, address, telephone number, social security number, email, sex, housing, car, economy, family relationship, employment, education, work phone, date of birth, union membership, health information etc. The nature and extent of personal data depends, inter alia, on the nature of the case that the lawyer treats for the client.
Personal data is stored in emails, on pc and/or server, on backup and in paper form.
The lawyer and his staff have access to personal data.
The client may request deletion of data, which will, however, cause that the work cannot be performed.
In agreement with the client, personal data are disclosed to banks, auditors and others. In addition, personal data are used in the case processing, for example in the case of purchase of property where the deed cannot be registered without personal data, by registration with the Danish Business Authority where personal data must also be submitted, in Court cases where personal data must also be disclosed, in wills and prenuptial agreements that cannot be created without personal data, etc.
In accordance with the recommendations of the Danish Bar Association, files, including electronic data, should be kept for at least 5 years from the end of the case. An obligation for 5-year storage is also found in the Accountancy Act and the Money Laundering Act.
E-mails and data will be deleted and the physical file shredded 5 years after the end of the case, unless there is a specific reason for longer storage.