Global Data Protection Complaints Procedure

1. Effective date

2. Data Protection Standards

3. Further information

4. Our policy

5. Types of complaints considered under this procedure

6. Your rights under data protection legislation

7. Where to raise concerns and what information to provide

8. How we will deal with your concerns

9. Appeals Process

Schedule 1 

 

1. Effective date

This Global Data Protection Complaints Procedure (“procedure”) is effective from 25 May 2018 and, with effect from that date, replaces any previous policies.

2. Data Protection Standards

Linklaters LLP has implemented Global Standards for Processing Personal Data (the “Standards”), a copy of which can be accessed on the Firm’s website here. To check the meaning of any capitalised terms that are used but not defined in this procedure, please refer to Clause 3 (Definitions and Interpretation) of the Standards.

3. Further information

If you wish to discuss this procedure or have questions regarding privacy or data protection at Linklaters LLP, please contact the Firm’s Global Head of Law & Compliance at data.protection@linklaters.com or +44 (0) 020 7456 3500.

4. Our policy

  • Our Firm is committed to handling your Personal Data in compliance with the requirements of the General Data Protection Regulation 2016/679 (the “GDPR”) and Applicable Laws. Our Firm is also committed to complying with Applicable Laws in the non-European countries in which the Firm operates.
  • Our Firm aims to promptly, efficiently and satisfactorily resolve any concerns or complaints you may have relating to the Firm’s processing of Personal Data or its compliance with the Standards. Our Firm is also committed to engaging with any complaints proactively, without the need to refer them to an external regulator or the courts.

5. Types of complaints considered under this procedure

Any complaints about the Firm’s processing of Personal Data will be handled in line with the procedure set out in Sections 7, 8 and 9 below. For illustrative purposes, a non-exhaustive list of the types of concerns which you can raise using this procedure includes:

  • concerns regarding fairness or lawfulness of processing of your Personal Data;
  • concerns regarding use of your Personal Data;
  • concerns whether access to your Personal Data is authorised; and
  • concerns whether any of your Personal Data could be lost.

If you have contacted the Firm using this procedure, but the concerns you raise fall outside of the scope of this procedure, you will be notified of the most appropriate process to follow instead.

6. Your rights under data protection legislation

Under European data protection legislation (namely, the GDPR), you have the following rights in relation to the Personal Data which the Firm processes about you:

  • the right to be informed;
  • the right of access;
  • the right to rectification;
  • the right to restrict processing;
  • the right to data portability;
  • the right to object; and
  • rights in relation to automated decision making and profiling.

Any request made in relation to these rights will be dealt with in accordance with the Firm’s Global Individuals’ Rights Procedures.

7. Where to raise concerns and what information to provide

  • If you wish to raise any concerns or to complain about the way in which our Firm processes or has processed your Personal Data, please do not hesitate to write to us at data.protection@linklaters.com or call us on +44 (0) 020 7456 3500, addressing your e-mail to the attention of the Global Head of Law & Compliance.
  • To help our Law & Compliance Team deal with your concerns or complaint as promptly and efficiently as possible, please provide a full written explanation of your concerns or complaint.
  • Also, should you wish to exercise any rights you have under the Standards, please let our Law & Compliance Team know at this stage. If you are a Data Subject, you are entitled to receive, on request and on a confidential basis, a copy of the Deed Poll which Linklaters LLP executed as part of implementing the Standards. For the avoidance of doubt, disclosure of the Deed Poll to a Data Subject’s legal representative will not be considered a breach of confidentiality.

8. How we will deal with your concerns

  • Around the time of receiving your first contact or call setting out your concerns or complaint (the “first contact”), a member of our Law & Compliance Team will:
  • confirm receipt of your contact and that the matters are being investigated. Our Law & Compliance Team may also ask you to clarify any matters which are not clear in your e-mail; and
  • give you an estimate of how long you may expect to wait to receive a substantive response.
  • Our Law & Compliance Team will aim to provide you with a substantive response within one (1) calendar month of receipt of your first contact. If your concerns or complaint raise complex questions or require additional information from you or a third-party to resolve, our Law & Compliance Team may delay its substantive response by an additional calendar month (that is, the final response will be due no later than two (2) calendar months from the date of your first contact) or a longer period as needed (where a shorter period is not prescribed by Applicable Law). If this happens, our Law & Compliance Team will seek to inform you as soon as possible before the response’s due date and will confirm the rationale for the decision.
  • Upon completing its investigation, our Law & Compliance Team will confirm the outcome to you in writing, by replying to your first contact, and will:
  • if your concerns or complaint are upheld, set out action(s) to be taken by the Firm; or
  • if your concerns or complaint are rejected, remind you of your right of appeal (in which case, please refer to section 9 below (Appeals Process)).

9. Appeals Process

  • If your concerns or complaint have not been resolved to your satisfaction by the process set out in paragraphs 7 and 8 above, you may appeal our Law & Compliance Team’s decision by writing to the attention of the Firm’s Director of Risk at data.protection@linklaters.com. If you do so, our Director of Risk will review your appeal and reach, and notify you of, a decision based on their findings within two (2) calendar months of receipt of your notification of appeal or a longer period as needed (where a shorter period is not prescribed by Applicable Law), which will be communicated to you.
  • Further redress may be sought via the Client Complaints Procedure or (in the case of internal complaints) via your local grievance policy. To access the Firm’s Client Complaints Procedure, please follow the instructions available on the Firm’s website here.
  • We would of course encourage you to take advantage of the Firm’s processes described above to discuss with us any relevant concerns or complaints you may have. However, if you do not wish to do so, or if we do not resolve your concerns or complaints to your satisfaction, you may seek further recourse by contacting your local courts or data protection authority. For further details on how to do this in your jurisdiction, please contact our Law & Compliance Team at data.protection@linklaters.com.  

Schedule 1 - Associated Documents

This policy refers to the standards, policies and procedures set out in the table below, which can be accessed by following the corresponding links. For a copy of any of these policies, please contact the Law & Compliance Team at data.protection@linklaters.com.

Document Location
 Global Standards for Processing Personal Data  Please follow this link
 Client Complaints Procedure  Please follow this link