This Global Data Protection Complaints Procedure (“procedure”) is effective from 03 March 2021 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 “Global Standards”) and UK Standards for Processing Personal Data (the “UK Standards”), a copy of which can be accessed on the Firm’s website here and here (see United Kingdom legal notices) respectively (together the “Standards”). 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 Global 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 Regulatory Compliance at data.protection@linklaters.com.
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”), the UK General Data Protection Regulation brought into force by virtue of Schedule 1 of the Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (the “UK 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) and the UK 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, addressing your e-mail to the attention of the Global Head of Regulatory Compliance.
To help our Regulatory 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 Regulatory & Compliance Team know at this stage. If you are an individual whose Personal Data the Firm is processing (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 e-mail setting out your concerns or complaint (the “first e-mail”), a member of our Regulatory Compliance Team will:
confirm receipt of your e-mail and that the matters are being investigated. Our Regulatory 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 Regulatory Compliance Team will aim to provide you with a substantive response within one (1) calendar month of receipt of your first e-mail. If your concerns or complaint raise complex questions or require additional information from you or a third-party to resolve, our Regulatory 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 e-mail) or a longer period as needed (where a shorter period is not prescribed by Applicable Law). If this happens, our Regulatory 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 Regulatory Compliance Team will confirm the outcome to you in writing, by replying to your first e-mail, 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 Regulatory Compliance Team’s decision by writing to the attention of the Firm’s Global Head of Regulatory Compliance at data.protection@linklaters.com. If you do so, our Global Head of Regulatory Compliance 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 Regulatory Compliance Team at data.protection@linklaters.com.
10. 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 Regulatory Compliance Team at data.protection@linklaters.com.