Privacy Policy

Our commitment

FMS - Sociedade de Advogados, SP, RL (FMS) has a firm commitment to privacy and the rights of holders of personal data, acting in accordance with the provisions of the General Regulation on Data Protection (GDPR) and others applicable legislation.
Learn about FMS’s treatment of personal data, as well as the rights you enjoy as the data owner.

We intend to answer the following questions:

What data does the FMS process, to whom they respect and how are they collected?
For what purposes and on what legal basis does FMS handle personal data?
What are our deadlines to keep personal data?
To whom does the FMS transmit personal data?
Are personal data secure?
What rights do you have as a data subject?
How can you exercise your rights?
How can you contact us?
How can you stay up to date on the processing of personal data?

1. Data, processing and collection

Personal data is any information relating to an identified or identifiable individual. An individual is considered identifiable and can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, electronic identifiers or to one or more specific elements of the physical, physiological, genetic, mental, economic, cultural or social identity of that individual person.
FMS can process the following categories of personal data:

i. Identification data (e.g., name, date of birth, sex, address, contacts, citizen card details, passport and tax number, nationality);
ii. Data relating to education and professional experience (e.g., education, qualifications, certifications, languages, curriculum, information from the former employer);
iii. Professional data (e.g., job title, role, job description, company, office address);
iv. Professional activity data (e.g., business activities, information relating to processes and dossiers, information relating to due diligence);
v. Billing and expense data (e.g., fees, travel expenses and communications on behalf of the customer); and
vi. Image and sound registration data (e.g., photographic and video images).

Personal data holders are the individuals to whom the data relates.

The categories of personal data indicated above may belong to different categories of data subjects, such as customers, customer employees (companies), counterparties, or candidates.

FMS collects personal data through various means and at different times, namely when you send us an email or respond to an invitation, when you hand over your personal card, when you subscribe to our information or events, when you make a professional application or when you hire our services.

In some cases, FMS may proceed to the indirect collection of personal data, namely through public sources. When FMS processes personal data that it has collected indirectly, it will provide all information regarding the processing of that data to the respective holders at the first opportunity

2. Purpose and legal basis of the processing of personal data

FMS may process personal data for the following purposes and on the following legal grounds:

i. For the provision of legal services, which may include:

Opening of client and dossier;
Registration of service proposals presented;
Communications with the client, with other parties and / or public entities, including courts; and
Documentation filed digitally and physically.

The legal basis, in this case, is the performance of the contract and the legitimate interest:

FMS interest in the treatment of its customers' information, in a sustained and efficient manner, which ensures its quality and integrity and which allows the provision of excellent services; and
Interest of the clients represented by FMS in the scope of the execution of the mandate and legal assistance.

ii. For communications and sending information, including disclosure of legal information (eg newsletters).

The legal basis is the legitimate interest:

Responding to requests from subscribers to FMS’s website forms and adapting the respective communication;
Contribute to the development of legal science and assume a relevant role in the legal profession community; and
Reinforce the FMS culture and maintain a close relationship with its visitors.

iii. For event management, which includes:

Sending invitations to events and registering participants at events; and
Internal and external dissemination of events.

The applicable legal grounds are legitimate interest and consent [1]:

Responding to requests from subscribers to the FMS website forms and adapting the respective communication;
Contribute to the development of legal science and assume a relevant role in the legal profession community; and
Publicize the events that are promoted by FMS.

iv. For the protection of people and property, which includes the collection of images through a video surveillance circuit.

The legal basis is the legitimate interest:

Guarantee the protection of FMS’s facilities and of those inside them.

v. To comply with legal compliance obligations.

The legal basis is the fulfillment of a legal obligation

IV. For billing and accounting management, which includes:

Accounting for expenses, cost control and refunds (e.g. travel expenses and mobile communications to be borne by customers);
Billing and management of current accounts; and
Maintenance of accounting records file and supporting documentation.

The legal basis is the execution of a contract; legitimate interest; and the fulfillment of legal obligation:

Maintain an efficient management control, bill in a timely manner for the services provided and ensure compliance with the applicable legal obligations.

vii. For submitting cases in legal directories.

The legal basis is the legitimate interest, namely the interest of FMS in promoting the spirit and rigor of FMS and its lawyers.

viii. For collection and judicial and extrajudicial claims, which includes the collection and recovery of amounts owed by customers.

The legal basis is the legitimate interest, in the legal interest of FMS to satisfy its claims and to defend its rights.

ix. For recruitment and selection, which includes the analysis of applications and CVs, as well as the internal process of selecting lawyers and employees according to the needs detected.

The legal foundations are the pre-contractual diligence at the request of the data subject and the legitimate interest, with the interest of FMS in analyzing the applications and submitting the candidates to an internal selection process, according to the previously defined criteria.

3. Time limits for maintaining personal data

FMS will only retain your data for as long as is necessary to fulfill the purposes set out in this Policy or for the period that is required by applicable legal or regulatory rules.
The periods for the conservation of personal data, according to each processing purpose, are as follows:

Purpose of the treatment> Retention period

Provision of legal services> Duration of the mandate, plus 20 years.
Communications and sending information> Until the data subject expresses its opposition.
Event management> two years, counting from the contact or participation in an event (as the case may be), if there is no contact or participation in another event on the part of the data subject.
Protection of people and goods> 30 days.
Compliance with legal obligations in terms of compliance> seven years, after the moment when the customer's identification was processed or, in the case of business relationships, after their termination.
Billing and accounting management> 10 years.
Submission of processes in legal directories> For the duration of the process or dossier.
Collection and judicial and extrajudicial claims> Until the payment of the amounts due or the resolution of the dispute, as applicable.
Recruitment and selection> two years, counting from the delivery of the application or curriculum, in case the candidate is not selected; and

During the period in which the professional relationship with FMS is maintained, in other cases.

4. Transmission of personal data

FMS does not transmit your personal data to third parties, except in cases where this proves necessary for the provision of the services you have contracted or for the fulfillment of legal obligations to which it is subject.

The transmission of data to third parties is carried out in accordance with the applicable data protection legislation and within the limits of the purposes and legal bases defined in this Policy.

FMS can share personal data with the following entities:

Parties relevant to the legal advice we provide, for example, counterparties, courts, regulatory authorities, government institutions or other lawyers;
Public authorities and the Bar Association, within the scope of compliance with legal obligations;
Service providers that provide services to FMS within the scope of the aforementioned purposes, such as, for example, suppliers of Information Technology (IT), communications services, translation services and digital and physical archiving services.

In cases where the transmission of personal data to the aforementioned entities involves an international transfer of personal data (i.e., outside the European Union), FMS:

(i) carry out such a transfer on the basis of a Commission suitability decision, pursuant to which the country or international organization concerned guarantees a level of protection of personal data equivalent to that deriving from European Union legislation; or

(ii) if there is no Commission adequacy decision, it will ensure that these data transfers are carried out in strict compliance with legal provisions and that adequate guarantees are implemented to ensure the protection of personal data.

You can consult the existing adequacy decisions at www.eur-lex.europa.eu.

5. Security of personal data

FMS has a very strict security policy, from a technical and organizational point of view, in order to protect personal data against unauthorized destruction, loss, alteration, disclosure or access and against any other form of unlawful treatment or abusive.

The technical and organizational security measures created and implemented by FMS are also required of FMS service providers who can process personal data on their behalf.

If you have any questions in this regard, want more details about our data security or if you are aware of any inappropriate situation, please contact us for any of the channels mentioned in point 9. below.

6. Rights of data subjects

As a data subject, you have the following rights:

Right of access

At any time, you can request confirmation on whether FMS treats your data, access to your personal data and information about the treatment of it.
You can also obtain a copy of the personal data subject to treatment.

Right to rectification

If your personal data is incorrect or incomplete, you can request that it be rectified or completed.

Right to erasure

In certain situations, you have the right to request the deletion of your personal data.
This right may be limited in certain situations, for example, when the processing of data is necessary to comply with legal obligations to which FMS is subject, or when such processing is necessary for the purposes of declaring, exercising or defending a right in a judicial process.

Right to limit treatment

In certain situations, you can ask FMS to limit access to personal data or suspend processing activities, for example, in cases where you dispute the accuracy of your personal data, for a period of time that allows FMS to verify its accuracy, or in cases where you have opposed the treatment, until it is verified that the legitimate interests of FMS or third parties prevail over yours.

Right to data portability

Whenever the processing of the data is based on a contract to which you are a party or on your consent, you can ask FMS to deliver the data you have provided in a structured, commonly used and automatic reading or request - if technically possible - to transmit this data to other controllers.

Right of opposition

When the processing of data is based on the legitimate interest of FMS or when it is carried out for purposes other than those for which the data were collected, but which are compatible with them, you have the right to object to the processing of your data personal for reasons related to your particular situation. In these cases, FMS will stop processing your personal data, unless you have legitimate reasons to carry out such processing and these will prevail over your interests.

Right not to be subject to automated individual decisions

FMS does not adopt automated individual decisions, including profiling, which have an effect on its legal sphere or significantly affect it in a similar way.

Right to withdraw consente

In cases where data processing is carried out on the basis of your consent, you can withdraw your consent at any time.
If you withdraw your consent, your personal data will no longer be processed, unless there is another legal basis that allows such processing.

Right to file complaints with the supervisory authority

You have the right to file complaints with the National Data Protection Commission, regarding matters related to the processing of your personal data.
For more information, go to www.cnpd.pt.

FMS warns that the exercise of the above-mentioned rights may be limited due to the existence of rights and freedoms of third parties, legal or confidentiality obligations and prevailing legitimate interests of FMS or third parties.

7. Exercise of rights

You can exercise your rights by contacting FMS - Sociedade de Advogados, SP, RL, by sending a communication to Avenida de Berna, n.º 46, 3º, 1050-042 Lisboa
The exercise of your rights is free of charge.

8. Update on the processing of personal

The “Privacy Policy” may be subject to updates, so FMS advises you to consult this Policy regularly.

Get more information about the treatment of personal data by consulting the "Cookies Policy", contained in the terms and conditions of our website.

The prior consent of the holder will be requested in cases where the event is recorded, either on the sound, on the image, or if photographs are taken.