Period of validity
- These terms of business apply from 1 October 2016 and – in the absence of a different written agreement – apply to consultancy provided by Halling-Overgaard Advokatfirma after that date.
- Halling-Overgaard Advokatfirma is organised as a partnership.
- Halling-Overgaard Advokatfirma’s attorneys are all licensed by the Danish Ministry of Justice and have been admitted as members of the Danish Bar and Law Society (Advokatsamfundet).
- Halling-Overgaard Advokatfirma provides consultancy within Danish law exclusively unless otherwise agreed in writing for a specific task.
Fee and payment
- Fees are generally charged according to time spent. Charges also consider the nature of the task, responsibility relating to the task, the complexity of the task and the result achieved.
- Terms of payment are 14 days from date of invoice. In case of late payment, interest on overdue payments will be charged according to the Danish Interest Act (renteloven). VAT will be added to the fee invoiced according to current rules.
- Prepayment of expenses and costs will usually be required, and a deposit will be charged. A deposit will generally be charged from first-time clients as well as from clients without a permanent establishment in Denmark. Deposits will be paid into a client’s account and will be treated as client funds. Task-related expenses and costs must be paid by the client in addition to the fee.
- Halling-Overgaard, Advokatfirma’s liability is limited to a sum insured of DKK 100,000,000 on our lawyer’s liability insurance with HDI Danmark. According to a specific agreement with the client, we may increase the insurance cover.
- Halling-Overgaard, Advokatfirma has clients’ accounts with Sydbank. All client funds on deposit are subject to the Danish Act on a Depositor and Investor Guaranty Scheme (Lov om en indskyder- og investorgarantiordning). This means that there will generally be a maximum cover of EUR 100,000 per depositor covered by the scheme. The limit applies to the total deposit in the relevant financial institution. In the event that the client has other deposits with the financial institution in addition to the funds deposited in the clients’ accounts, the maximum limit will apply to the total deposit. We are not liable for any loss caused by the bank not being able to pay back the outstanding amount.
- Special rules apply to deposits re. real property if the property has been used for or is intended for primarily non-commercial purposes. In that case, amounts up to EUR 10 m. are covered until 12 months after the amount has been deposited and regardless of whether the deposit is on a separate account.
- Further information about the guaranty scheme is available on Finansiel Stabilitet’s website; https://www.fs.dk/garantiformuen/om-garantiformuen.
Insurance, liability and limitation of liability
- Halling-Overgaard Advokatfirma is liable for consultancy provided to our clients according to the general rules of Danish law.
- Halling-Overgaard Advokatfirma has taken out liability insurance and has provided a guarantee, see the relevant rules of the Danish Bar and Law Society. The liability insurance covers all legal practice regardless of where the legal practice takes place. Insurance and guarantee have been taken out with HDI Danmark, Indiakaj 6, 1. Sal DK-2100 Copenhagen.
Laundering, filing and personal data
- Halling-Overgaard Advokatfirma is subject to the Danish Act on Measures to Prevent Money Laundering and Financing of Terrorism (lov om forebyggende foranstaltninger mod hvidvaskning af penge og finansiering af terrorisme).
- According to section 4 of the Act, there are specific requirements for the way on which attorneys’ clients establish their identity and what information regarding the clients’ identity the attorneys must ensure when establishing business relations with a client and/or doing transactions on a client’s behalf.
- Because of the above statutory provision, Halling-Overgaard Advokatfirma’s clients will be requested to provide documentation to meet the identification requirements insisted upon by legislation.
- Halling-Overgaard Advokatfirma processes personal data as part of performing its tasks.
- According to the General Data Protection Regulation and the Danish Data Protection Act (databeskyttelsesloven), we are obliged to protect the confidentiality, integrity and accessibility of personal data that we hold. That applies to all personal data – be it clients, opponents, representatives, partners, employees or other individuals. That applies whether you are one of Halling-Overgaard Advokatfirma’s clients, an opponent in a case or if you are merely visiting our website. Below is more information about our registration policy when visiting www.halling-overgaard.dk
From where do we gather information?
- The personal data that we gather and process, we primarily gather from the data subjects themselves and from public authorities. However, to a certain extent, we also collect information from elsewhere such as public databases etc.
Disclosure of personal data
- Depending on the type of personal data, the purpose of the processing and the context in which the personal data form part, we may disclose personal data to third parties, including public authorities such as minretssag.dk, the police, tinglysning.dk, municipalities, SKAT etc.
- To a certain extent, we also share personal data with suppliers when necessary to serve the purpose of the co-operation.
- When disclosing personal data, we make sure to have the necessary legal basis for the disclosure.
Security of processing
- We ensure confidentiality, integrity and accessibility of the personal data that we process through technical and organisational security measures.
- Our technical security measures include security in the IT support that we use.
- Our security of processing in relation to personal data also means that we ensure legal processing, including observing the principles of processing which the personal data legislation lays down, and we ensure that we have a legal basis for our processing.
- Data will be erased after 10 years. Erasure will be at the end of a calendar year.
Rights of data subjects
- According to personal data legislation, the persons about whom we process personal data have a number of rights. The rights include:
- The right of access, the right to rectification and the right to erasure of personal data that we process.
- The right to restrict the processing of personal data about the relevant person
- The right to object to the processing
- The right to receive data about the data subject (data portability) in certain cases, see below
- The right to withdraw consent
- You may contact Halling-Overgaard Advokatfirma and in certain cases be told what personal data we process about you. The duty of disclosure may be restricted by law and/or by the duty of confidentiality.
- The duty of disclosure may also be restricted if its execution involves disproportionate effort, if the execution would forfeit the purpose of the processing or if key considerations speak against providing the information. In a situation where we can provide you with information about matters registered, you will naturally be able to have inaccurate or incomplete data rectified.
- If you have any questions about this, please contact our office via email to firstname.lastname@example.org.
- If you would like to complain about Halling-Overgaard Advokatfirma’s processing of personal data, please send an email stating the background of your complaint to email@example.com.
- We will then consider your complaint and get back to you.
- Complaints about our processing of personal data may also be to the Danish Data Protection Agency (Datatilsynet). More information is available at the Danish Data Protection Agency’s website www.datatilsynet.dk.
Use of our consultancy
- Consultancy provided by Halling-Overgaard Advokatfirma is targeted at the specific task and may therefore not be used for any other purposes without our prior written consent. Halling-Overgaard Advokatfirma is only responsible to the client for consultancy provided. Third parties may not rely on such consultancy unless otherwise agreed in writing.
Complaints and applicable law
- In case of a situation where the client is not pleased with the consultancy provided or its fee, the client is recommended to contact the partner in charge of the case to attempt to settle the disagreement amicably.
- Halling-Overgaard Advokatfirma is subject to rules of legal ethics available on the Danish Bar and Law Society’s website www.advokatsamfundet.dk. Complaints about fees and behaviour may be brought before the Disciplinary Board of the Danish Bar and Law Society: Advokatnævnet, Kronprinsessegade 28, DK-1306 Copenhagen K, email: firstname.lastname@example.org. The website of the Disciplinary Board of the Danish Bar and Law Society is www.advokatnaevnet.dk
- Halling-Overgaard Advokatfirma’s consultancy and these terms of business are governed by Danish law.
- Any legal disputes may be brought before the competent, Danish court only.
CVR no. 16 90 22 41