Law no. 1.565 of December 3, 2024 on the protection of personal data modernized the Principality of Monaco’s legal framework for data protection. This law continues the efforts undertaken since 2008 to bring Monaco’s legislation into line with international and European standards, in particular Council of Europe Convention 108 and the European Union’s General Data Protection Regulation (GDPR).
It now governs the way in which organizations carry out their information processing activities. It is within this framework that the present policy has been implemented.
The purpose of this document is to describe the processing activities carried out by ZABALDANO AVOCATS which may concern you.
Law no. 1.565 is based on a number of fundamental principles:
– Personal data should be processed fairly, lawfully and transparently with regard to the data subject;
– Personal data should be collected for specific and legitimate purposes;
– Personal data should be accurate and kept up to date;
– Inaccurate personal data should be erased or rectified without delay;
– Personal data should be processed and protected against unlawful or unauthorized processing.
ZABALDANO AVOCATS ensures compliance with all the above principles.
The controller is:
ZABALDANO AVOCATS
Esq. Arnaud ZABALDANO
9, rue du Gabian – 98000 Monaco
+377 97 98 06 80
dataprotection@zabaldano.com
The data subjects have the following rights:
– Rights related to automated decision-making and profiling;
– Right to object.
They also have the right to object at any time, for reasons relating to their particular situation, to the processing of personal data whose legal basis is the legitimate interest of ZABALDANO AVOCATS, as well as the right to object to commercial prospecting.
They also have the right to lodge a complaint with the Monegasque Data Protection Authority (APDP, Le Concorde 4th floor, 11 rue du Gabian, 98000 MONACO).
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The data subjects may exercise their rights by writing to the Data Protection Officer:
– By e-mail: dataprotection@zabaldano.com – By post:
ZABALDANO AVOCATS Data Protection Officer 9, rue du Gabian, 98000 Monaco
All requests must be accompanied by a signed identity document.
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ZABALDANO AVOCATS processes personal data concerning its suppliers, prospects and customers.
These processes have the following characteristics:
| Purpose | Legal basis | Data category | Category of persons concerned | Duration |
| Prospecting and prospect relationship management | Legitimate interest | Identity
Marital status Contact details Personal and professional life |
Prospects | 3 years from the last contact requested by the prospect |
| Management and follow-up of customer files | Performance of pre-contractual or contractual measures | Identity
Marital status Contact details Personal and professional life Economic and financial information |
Clients
Persons designated by clients to follow up on their files |
Duration of contractual relationship plus statute of limitations* |
| Management and monitoring of relations with suppliers/service providers | Identity
Marital status Contact details Professional life Economic and financial information |
Suppliers Service providers | Duration of contractual relationship plus statute of limitations* | |
| Billing, collection, accounting | Identity
Marital status Contact details Professional life Economic and financial information |
Clients | 6 years from the end of the fiscal year in which the invoice was issued[1] | |
| Prevention of money laundering, financing of terrorism, proliferation of weapons of mass destruction and corruption | Compliance with legal and regulatory obligations | Identity
Marital status Personal and professional life Economic and financial information |
Prospects
Clients |
5 years after the end of the contractual relationship
+ 5-year extension in special cases [2] |
* In the event of a dispute arising from the contract, data will be kept until a final decision has been reached. Certain data required to implement the decision will be kept until it has been fully executed – for this purpose only.
In the event that the assignment so requires, sensitive data within the meaning of the applicable regulations may be processed. Such data is used strictly for the purposes of exercising or defending a legal right, in accordance with Article 80, 3°) of Law no. 1.565 of December 3, 2024 on the protection of personal data.
The data processed is intended for authorized persons within ZABALDANO AVOCATS, when necessary for administrative authorities, public administrations and service providers or suppliers of ZABALDANO AVOCATS.
Personal data may be transferred outside the Principality for processing by a service provider or supplier of ZABALDANO AVOCATS.
These transfers are made to a country, territory or organization that presents an adequate level of protection benefiting data subjects in accordance with Chapter VIII of Law No. 1.565 of December 3, 2024 on the protection of personal data.
ZABALDANO AVOCATS does not transfer personal data to a location that does not present a level of protection deemed adequate by the Principality.
In the event of personal data breaches, ZABALDANO AVOCATS is responsible for examining the measures that should be taken and for informing the parties concerned.
In accordance with Article 32 of Law no. 1.565 of December 3, 2024 on the protection of personal data, if a personal data breach occurs, the competent authority should be informed within 72 hours.
[1] Article 80, Sales tax code
[2] Article 23, Act No. 1.362 of August 3, 2009 on the fight against money laundering, the financing of terrorism and the proliferation of weapons of mass destruction, and corruption.
