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PRIVACY NOTICE FOR BENEFICIARIES
We are DW Solicitors and we act for the Executors of the deceased.
We and the Executors are jointly holding personal data about you. We are sending you this notice to explain how and why your personal data will be used and how long it will usually be retained for. It provides you with certain information that must be provided by us under the General Data Protection Regulation (EU 2016/679), also known as GDPR.
If you have any queries or would like any further information, please contact:
- David Ward
- DW Solicitors, 262a Wellingborough Road, Northampton, NN1 4EJ.
Data Protection Principles
We will comply with Data Protection law and principles, which means that your data will be:
- Used lawfully, fairly and in a transparent way;
- Collected only for the purposes explained in this notice and not used in any way that is incompatible with those purposes;
- Relevant to the purposes we have told you about and limited to what is necessary to achieve those purposes;
- So far as possible, kept up to date and accurate;
- Kept for no longer than is necessary for the purposes we have told you about and in a manner that ensures appropriate security.
Why are we holding personal data about you, and what will we do with it?
The Executors of the deceased are under a legal obligation to administer his/her Estate. This involves collecting his assets, paying debts and other liabilities, including tax, and distributing what is left to those who are entitled to receive them. The Executors have instructed us to act on their behalf.
We and the Executors will only use the information we collect to satisfy that legal obligation.
Your personal data will be used:
- To communicate with you
- To verify your identity and age for the purposes of ascertaining your beneficial entitlement
- To carry out bankruptcy searches before making a payment to you
- To discharge the Executors’ statutory obligations to provide information to Her Majesty’s Revenue and Customs (HMRC) and other regulatory bodies.
What sort of data do we hold and where does it come from?
While administering the Estate of [insert name of deceased] we will collect, hold and use the following categories of information about you:
- Information provided by the deceased in correspondence and interviews which is set out in the Will and recorded in attendance notes
Informationyou provide during the administration
- Information from the bankruptcy search provider [insert name of provider]
- Information from the Register of Births, Deaths and Marriages
- Information from the credit reference agency [insert name of agency]
- Information from the Genealogists agency [insert name of agency]
Sensitive Personal Information:
We may collect, store and use
Who will we share your data with?
We will only share your data with third parties in so far as necessary to properly administer the Estate.
We require third-party service providers to take appropriate security measures to protect your personal data. However, we only allow them to use the data for specified purposes in accordance with our instructions. We do not permit them to use your personal data for their own purposes.
Might my data be transmitted outside the EEA?
Only if one of the following applies:
- The European Commission has issued a decision confirming that the country to which we are transferring the personal data ensures an adequate level of protection for the data subjects’ rights and freedoms.
- Appropriate safeguards are in
placesuch as binding corporate rules, standard contractual clauses approved by the European Commission, an approved code of conduct or a certification mechanism.
- You have provided explicit written consent to the proposed transfer after being informed of any and all potential risks.
- The transfer is necessary for one of the other reasons set out in the GDPR including the performance of a contract between us, reasons of public interest, to establish, exercise or defend legal claims or to protect your vital interests where you are physically or legally incapable of giving consent and, in some cases, for our legitimate interest.
How long will you keep my personal data for?
We have to keep all information relating to the administration for as long as there may be legal challenges to the way in which the Estate was administered. After the expiry of that
Security of data:
We have put appropriate security measures in place to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way.
- We limit access to your personal data and information to those
agents,and thirdpartyservice providers who need it to assist in the administration of the Estate. They will only process your personal information on our instructions and they are subject to a duty of confidentiality.
- We have put procedures in place to deal with any suspected data security breach and will notify you, and any applicable regulator, of any suspected breach where we are legally required to do so.
You have the following rights:
- Request access – Commonly known as a Data Subject Access Request. It allows you to obtain a copy of personal data we are holding about you.
- Request rectification – You can require inaccurate personal data to be corrected and any incomplete personal data to be completed.
- Request erasure – You can require us to delete or remove personal data
- Which are no longer necessary in relation to the purpose for which they were collected or otherwise processed; or
- Where the processing is unlawful; or
- Where you are exercising your right to object.
- Request restriction – You can require us to stop processing your personal data for a period:
- While we verify the accuracy of personal data which you contest
- Where the processing is unlawful
- Where we no longer need the personal data for the purposes of the administration of the Estate but you require the data for the establishment, exercise or defence of legal claims.
- Right to object – You have the right to object to the storage and use of your personal data in two circumstances:
- If we base the reason we are holding your data on the ground that it is necessary for our legitimate interests or those of a third party, and there is something relating to your particular situation which makes you want to object
- If we are using your personal data for direct marketing purposes.
- Right to complain – You can complain to the Information Commissioners Office, the UK supervisory authority for data protection issues (ico.org.uk)
If you wish to review, verify, correct or request erasure of your personal information, or object to the processing of your personal data please contact us in writing at:
262a Wellingborough Road