Privacy - Bankruptcy matters
INFORMATION ABOUT PROCESSING OF PERSONAL DATA IN BANKRUPTCY MATTERS
MAQS Advokatbyrå KB, corp.id 916539-0692 and MAQS Advokatbyrå AB, corp.id 556950-7733, (jointly referred to as “MAQS” and individually referred to as “Company”) have lawyers who undertake work as external bankruptcy trustees and who process personal data in that business.
The bankruptcy trustee differentiates between the processing of personal data which takes place within the framework of the bankruptcy estate’s activities and the processing which takes place within the normal operations of the law firm. The consequence of such a division is that there may be two different personal data controllers in bankruptcy matters.
This document describes how the bankruptcy estate and MAQS processes your personal data. Each Company is a personal data controller for your personal data which the bankruptcy trustee processes in his/her role as trustee, i.e. within the framework of the Company’s normal legal operations. The bankruptcy estate is the personal data controller for your personal data, which is processed within the framework of the bankruptcy estate’s activities and which the bankruptcy trustee manages in his/her capacity as its representative.
The bankruptcy estate and MAQS will ensure that the personal data is processed in a lawful and correct manner in all situations.
1 WITHIN MAQS’ NORMAL OPERATIONS
In bankruptcy matters, the Company collects and processes personal data about you in order to carry out the assignment given to a bankruptcy trustee at the Company. The processing is necessary to perform an assignment of general interest or as part of the exercise of public authority that the handling of bankruptcy matters may entail (for example decisions regarding wage guarantees with respect to employees in a bankruptcy company).
For other personal data processing in bankruptcy matters, MAQS refers to its general information text, which you can find here.
2 THE BANKRUPTCY ESTATE’S ACTIVITIES
2.1 Which persons does the bankruptcy estate process personal data about?
The bankruptcy estate processes personal data about the following categories of persons
- Deputy, i.e. the natural persons who are representatives of the bankruptcy company.
- Debtor in bankruptcy, i.e. natural persons who have gone bankrupt.
- Creditors, i.e. natural persons who are representatives of or natural persons who are creditors.
- Debtors, i.e. natural persons who are representatives of or natural persons who are debtors and who have debts to the bankruptcy company.
- Shareholders, i.e. the natural persons who own shares in the bankruptcy company.
- Employees, i.e. natural persons who are employed by the bankruptcy company
- Guarantor, i.e. natural persons who have given a guarantee.
- Suppliers, i.e. natural persons who are representatives of the bankruptcy estate’s providers of various services, for example auction services.
- Auditors or accounting consultants, i.e. natural persons who are auditors or accounting consultants.
- The State, i.e. natural persons who are representatives of the state, e.g. contact persons at the Swedish Enforcement Agency, the Swedish Tax Agency or the Swedish Authority for Privacy Protection.
- Bank, i.e. natural persons who are bank representatives.
- Third party, i.e. natural persons who have assets in the bankruptcy company’s possession (not assets owned by third parties).
- Family members, i.e. natural persons who, for example, are parents, siblings etc. to any party.
2.2 What personal data does the bankruptcy estate process about you and where do they come from?
The bankruptcy estate may collect personal data about you from both yourself and from others. For example, personal data may be collected from the bankruptcy company or its deputy, as well as from third parties, such as any suppliers engaged by the bankruptcy company or from authorities through registry checks.
The personal data processed are mainly: name, personal identification number, contact information (such as address, e-mail and telephone number), cadastral register number, vehicle registration number, IP number, bank information, salary information, union affiliation, health information and other relevant information that appears in the individual case.
2.3 Why does the bankruptcy estate process your personal data?
In order to enter into, manage and fulfil agreements with you as creditor, debtor, supplier, auditor, accounting consultant or employee (insofar as you are a party to the agreement as a natural person), the bankruptcy estate processes personal data about you. If you do not provide the above-mentioned personal information, the bankruptcy estate will not be able to fulfil its obligations towards you.
The bankruptcy estate processes personal data about you as representative of an organisation, such as creditor, debtor, supplier or bank, based on a so-called weighing of interests where the bankruptcy company’s interest in processing your personal data outweighs your possible interest in the data not being processed. If you have questions or would like to know more about weighing of interests, please contact MAQS.
To carry out the assignment as bankruptcy trustee and to ensure that the bankruptcy estate is managed in a correct manner and in accordance with the bankruptcy trustee’s assignment is a task of public interest and personal data may therefore be processed when it is necessary to fulfil such interest. For example, it is the bankruptcy trustee’s duty, as representative of the bankruptcy estate, to ensure that creditors of the bankruptcy company are not disadvantaged, and that distribution of any assets takes place in an exemplary manner. Similarly, sensitive personal data, such as union affiliation and health data can also be processed on this basis.
Personal data may also be processed based on the bankruptcy estate having a legal obligation to fulfil, for example, personal data as a result of the bankruptcy estate’s accounting obligation or other obligations imposed on the estate by law.
2.4 How long does the bankruptcy estate save your personal data?
The bankruptcy estate must save the personal data for a longer period, among other things to administer possible guarantees, complaint deadlines, to comply with legal requirements, government decisions as well as to manage legal claims that may be directed against the bankruptcy company and the bankruptcy estate.
Personal data may also be stored for up to 10 years in accordance with the Swedish Bar Association’s guidelines
2.5 Who has access to your information?
Your personal data may be disclosed to and processed by third parties. It may be group companies, service providers, other legal advisers, auditors, consultants, government authorities etc. Examples of situations where your personal data may be transferred to third parties are when such measure is required with reference to law, dispute, regulatory request, or decisions, at your own request or when it is required in order to fulfil a legitimate interest of the bankruptcy estate.
2.6 Where does the bankruptcy estate store your personal data?
The bankruptcy estate may process your personal data both within and outside of the EU/EEA. The bankruptcy estate will and must take necessary measures to ensure that the transfer takes place in a lawful manner and that information continues to be protected by the receiving parties outside of the EU/EEA.
2.7 What are your rights?
You are entitled to, free of charge, request information from the bankruptcy estate about the use of personal data concerning you. The bankruptcy estate will, at your request or on its own initiative, correct or delete information that is incorrect or limit the processing of such data. In certain cases, you have the right to object to the bankruptcy estate’s processing as well as the right to receive your personal data in a machine-readable format or, if it is technically possible, to have the data transferred to a third party that you indicate.
If you would like to exercise any of your rights or if you are dissatisfied with the bankruptcy estate’s processing, contact MAQS by using the contact information below. If you are dissatisfied with the processing, you also have the right to submit a complaint to the Swedish Authority for Privacy Protection where you live or work or where you deem that a breach of the Data Protection Regulation has been committed. In Sweden, you can turn to the Swedish Authority for Privacy Protection (www.integritetsskyddsmyndigheten.se).
2.8 Contact the bankruptcy estate
For questions or other requests regarding personal data, please contact MAQS according to the below:
MAQS Advokatbyrå KB
Address: Gibraltargatan 7, Box 226, 201 22 Malmö
Telephone number: +46 40 664 26 00
MAQS Advokatbyrå AB
Address: Östra Hamngatan 24, Box 11918, 404 39 Göteborg
Telephone number: +46 31 10 20 30