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The General Data Protection Regulation (GDPR) is applicable from 25 May 2018. Find out how the Vânia Cristina Delgado - Lawyer office collects and processes personal data and manages all information.
At Vânia Cristina Delgado - Lawyer we appreciate the confidence you place in us and we look forward to providing you the best possible service, ensuring that your personal data is secure and is processed in complete privacy. Privacy, confidentiality and transparency are three key elements of the relationship of trust that we establish with our clients.
The treatment of your personal data allows, among other purposes, the development, information and commercialization of our services in a direct, clear and transparent way.
This Data Protection Policy establishes the manner in which the Vânia Cristina Delgado - Lawyer office uses the personal data of its clients and potential clients and is composed of the following sections:
1. What is data protection policy?
It is the policy that establishes the terms in which the Vânia Cristina Delgado - Lawyer office deals with the personal data of its clients and the rights they can exercise, in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council , and other applicable national legislation on privacy and data protection.
2. Who is the data controller?
Vânia Cristina Delgado- Lawyer, with the professional number ID 51613p, tax ID 245 942 084, based at Rua Professor Machado Vilela, 110, 4th floor, number 3, 4715 -045 Braga, Portugal, is the controller of the personal data provided in digital or physical support, directly or through third parties, within the scope of the contractual relationship - from the pre-contractual phase to the contract - and all situations related to it, which are related to the client and his demandings, whether they are judicial or extrajudicial, as well as users of the website and social networks.
3. What is the meaning of “personal data” and “processing”?
According to the RGPD personal data means “any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person”.
Processing means “any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction”.
5. Why do we collect your personal data?
The office collects your personal data only for the contractual relationship, whether this judicial or extrajudicial relationship. Vânia Cristina Delgado - Lawyer office complies with applicable legal obligations and observes the principles and rules of treatment, requesting client's consent when this is necessary to process data.
6. How long do we keep your personal data?
All personal data are processed by Vânia Cristina Delgado - Lawyer office in strict compliance with the applicable legislation, and are stored in a specific database. The period we store the personal data depends of the period of the contract we celebrate with the client. There are, however, legal requirements that require us to keep the data for a certain period of time.
7. How do we keep your personal data secure?
The Vânia Cristina Delgado - Lawyer office adopts technical and organisational measures for ensuring the security of the processing, in order to protect the personal data of its clients against the loss, diffusion, alteration, treatment or access, improper or unauthorized.
8. What personal data can be collected?
According to the contractual relationship between lawyer and client, and having as limit the Principle of Minimization patent in the GDPR, will be collected the minimum and obligatory data for the fulfillment of such contractual relation and for the fulfillment of the legal obligations. Data will be collected such as: name, VAT number and address.
9. Can we transfer your data to third parties?
The office may use third parties - processors - to provide certain services, which may involve access by third parties to personal data of clients. We ensure that our processors provide sufficient guarantees to implement appropriate technical and organizational measures.
10. What are your data protection rights?
11. How can you exercise your rights?
The Vânia Cristina Delgado - Lawyer office assures clients the exercise of their rights of access, portability, rectification, opposition, erasure and restriction of processing. Customers can exercise their rights by contacting the office directly to any of the contacts made available on this website.
The client may also submit a complaint to the National Data Protection Commission, the official authority that supervises the application of the Data Protection legislation in Portugal:
National Data Protection Comission - CNPD | Avenida Dom Carlos I, 134, 1º, 1200-651 Lisboa | Tel: 351 213928400 | Fax: +351 213976832 | e-mail: firstname.lastname@example.org.
At Vânia Cristina Delgado-Lawyer we understand that it is essential that all parties are aware of the conditions of navigation on the website and social networks, and the conditions to contract its services. In accordance, we urge you to carefully read the following terms and conditions:
1. INTRODUCTORY NOTE
Article 20 of the Constitution of the Portuguese Republic establishes that “everyone has the right, under the law, to legal information and consultation, to legal sponsorship and to be accompanied by a lawyer before any authority”. Therefore, lawyers have the role of collaborators in the administration of justice and guarantors of citizens' freedom and rights. Honesty, dignity, freedom, independence and social solidarity are basic pillars of Vânia Cristina Delgado-Lawyer.
2. OWN LAWYER ACTS
Law no. 49/2004, of 24 August, defines what are the acts of lawyers and solicitors and the crime of illicit procurement. Under that legislation, the acts of lawyers and solicitors are: the exercise of the forensic mandate and legal consultation. In addition to these, also the drafting of contracts, and the practice of preparatory acts aimed at the constitution, alteration or extinction of legal businesses are also acts of lawyers and solicitors. There is also the negotiation for the collection of credits and the exercise of the mandate in the context of claiming or challenging administrative or tax acts.
Whoever practices acts of lawyers and solicitors and / or assisting or collaborating in the practice of acts of lawyers and solicitors commits the crime of illicit attorneyship, which is punishable by imprisonment of up to 1 years or a fine of up to 120 days.
3. CUSTOMER RELATIONSHIP
The attorney's relationship with his client can be established in three ways: legal consultation, exercise of mandate, unofficial appointment. In the specific case, we address the first two situations, which can happen independently or jointly.
Under the terms of the Statute of the Bar Association, in its article 97 and following, the relationship of the lawyer with his client must be based on mutual trust. The lawyer must, therefore, act in defence of the legitimate interests of his client, without ever neglecting the legal and deontological rules.
At Vânia Cristina Delgado-Lawyer we only accept sponsorship or the provision of any professional service if we are freely mandated by the client, or by another lawyer, on behalf of the client. We do not accept the sponsorship of an issue if we know that we do not have the competence or availability to deal with it promptly.
In the relationship with the client, we give our conscientious opinion on the merit of the right or claim that the client invokes, as well as providing, whenever requested, information on the progress of the issues entrusted to us.
We study carefully and treat with care the issues that are entrusted by our customers, using for this purpose all the resources of our experience, knowledge and activity. In legal sponsorship, the lawyer enjoys technical autonomy and must perform his duties in a free and exempt, independent and responsible manner.
We advise any composition that we think is fair and equitable. We do not, for our own benefit, enter into contracts on the subject of the matters entrusted to us. We do not cease, without justified reason, the sponsorship of the issues that are committed to us.
The lawyer's obligation to his constituent is an obligation of means, not of result. Which means that at the office of Vânia Cristina Delgado-Lawyer we commit ourselves to use diligently and sagaciously all the means to reach the legitimate end intended by our constituent, the result of which can be achieved or not.
3.1 PROFESSIONAL SECRET
The nature of the duty of secrecy is a requirement of safeguarding trust and legal certainty in business traffic. It is thus a true public demand, which corresponds to the need for people to trust certain entities or professionals, and to be obliged to confide in a confidential and intimate matter.
In view of the above, and under article 92 of the Bar Association Statute, we keep professional secrecy. The obligation of professional secrecy exists whether or not the service requested or committed to the lawyer involves judicial or extrajudicial representation, whether or not it should be remunerated, whether or not the lawyer has come to accept and perform the representation or service.
At the office of Vânia Cristina Delgado-Lawyer, in the relationship with the client, we privilege personal communication, by e-mail and telephone call. We avoid receiving documentation, addressing the status of the processes or even talking about them by sms, whatsapp or by any other means or social network.
It is also possible to make consultations and meetings by remote contact, which we always prefer when personal meetings are not possible.
4. FEES, CALCULATION AND PAYMENT METHOD
Notwithstanding the ethics that surround it, the legal profession is effectively a lucrative profession, insofar as it comes from the need to support those who practice it. The fixing of price lists - defined in advance and in the abstract - is not allowed by law. The lawyer uses several criteria to set the price to be charged for the service, such as: the importance of the service provided, the difficulty and urgency of the matter, the degree of intellectual creativity of its provision, the result obtained, the time spent, the responsibilities assumed and the other professional uses.
It is essential for the office of Vânia Cristina Delgado-Lawyer that the calculation, the amount and the form of payment of fees are clear to all parties involved. Thus, when we are entrusted with a certain matter, we immediately provide information on the criteria we use in setting our fees, indicating, whenever possible, the approximate total amount, and also the possibility and the way to obtain legal aid. We also present the bill of fees and expenses whenever requested by the client.
4.1 PROHIBITION ON QUOTA LITIS REMUNERATION
The lawyer is prohibited from entering into a quota litis pact, that is, an agreement before the final conclusion of the issue in which the fees are exclusively dependent on the result obtained. Because legal sponsorship is not a result activity, but rather means, the attorney's compensation cannot be exclusively dependent on the result that will be obtained. However, a percentage can be stipulated by the result, that is, that part of the compensation is made by the result obtained.
The lawyer may request the Client to deliver provisions on account of fees or for payment of expenses, and such provisions shall not exceed a reasonable estimate of probable fees and expenses.
If the requested provision is not delivered, the lawyer may waive the matter or refuse to accept it.
The lawyer can only be held responsible for the payment of expenses or any other charges that have been provided for that purpose by the client and is not obliged to dispose of the provisions he has received for fees, provided that the allocation of these to the fees is known to the client.
5. TERMINATION OF THE RELATIONSHIP BETWEEN ATTORNEY AND CLIENT
When the representation ends, at the Vânia Cristina Delgado-Lawyer office, we return to the client all the values, objects and documents that we have in our possession. In the case of presenting the bill of fees and expenses to the client, which the client has not paid, we enjoy the right of retention on the amounts, objects or documents already mentioned, to guarantee the payment of fees and reimbursement of expenses due to him by the client.
6. PROTECTION OF INTELLECTUAL PROPERTY
The copyright and related rights arising from the texts, works, illustrations, works and images reproduced, as well as logos, images and source code used in this portal (www.vcd-law.com) are the exclusive property of Vânia Cristina Delgado-Lawyer, or third parties duly identified, all of whom are protected by the Law in force.
The user recognizes the ownership of these rights and undertakes to refrain from the practice of any act that, under the terms of the applicable legislation, constitutes a violation of them.
Vânia Cristina Delgado-Layer reserves the right, at any time, and without prior notice, to remove the articles from its portal.
In the articles made available, the author is responsible for its scientific scope, timeliness and veracity.
How to hire our services?
In order to hire the services of Vânia Cristina Delgado-Lawyer you should contact the office using any of the contacts available in this website, and indicate your purpose.
How to book an appointment?
To book an appointment you must contact us by phone or by e-mail requesting the appointment. You must bring with you all the elements and documents you wish to get analyzed.
Do I have to pay for the appointment?
Yes. The value of the appointment is EUR 75 (seventy-five euros) plus VAT. This value applies to both online and presential consultations.
I have a lawsuit. Do I have to pay anything to get the office to work on it?
Yes, all legal proceedings correspond to a provision, the amount of which is agreed upon and transmitted before the judicial mandate is granted.
I can not afford a lawyer. Can I apply for legal aid?
Yes, the legal aid is required directly to social security. The application may be made by all persons (Portuguese citizens, EU citizens, and citizens who have their habitual residence in one of the Member States of the EU, even if the procedure is not carried out in that country) and nonprofit entities.
How do I request legal aid?
By completing a form that is addressed and requested in Social Security (Link Form). In addition to the form, it will be necessary to provide the documents that prove your economic situation and that are listed in the last sheet of the application.
Need help? Contact us.