AFR Advocates

Data Protection

Data Protection

AFR is a "data controller". This means that we are responsible for deciding how we hold and use personal information about you. All personal information obtained by AFR on or through this website, is collected and processed in accordance with the Data Protection (Bailiwick of Guernsey) Law, 2017 (DP Law).

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 valid purposes that we have clearly explained to you and not used in any way that is incompatible with those purposes.
  • Relevant to the purposes we have told you about and limited only to those purposes.
  • Accurate and kept up to date.
  • Kept only as long as necessary for the purposes we have told you about.
  • Kept securely.
The kind of information we hold about you

Should you contact us via this website, your contact details may be added to our client database.  This database is for internal use only and is used occasionally to provide marketing information relating to AFR.  If you do not wish to be included in the client database, please notify us at the following address:

AFR Advocates
PO Box 688
Court Place
Rue du Manoir
St Peter Port

Alternatively send an email to us at marking all correspondence in this respect for the attention of the Data Protection Manager.

You may request that any inaccuracies in the data we hold about you be corrected, and that any personal data that we hold about you which we do not have a legitimate reason to retain be erased.

In connection with your Instructions, we will collect, store, and use the following categories of personal information about you:

  • The information you have provided to us including name, title, address, telephone number, email address, employment details, Directorships, Trusteeships, including the personal data shown in the proof of identity and proof of address documentation provided to us by way of client due diligence.

We may, dependent upon your Instructions, also collect, store and use the following "special categories" of more sensitive personal information:

  • Information about your health, including any medical condition, health and sickness records.
  • Information about criminal convictions and offences.
  • Information about your bank accounts, assets and liabilities, sources of income and wealth, Directorships and Trusteeships
  • Any other relevant information provided by yourself or a third party.
How is your personal information collected?

We collect personal information from the following sources:

  • You, the client.
  • KYC6 background check provider as part of our client due diligence obligations, from which we collect data pertaining to your identity, confirmation of politically or commercially exposed persons, solvency and past transgressions under the Law.
How we will use information about you

We will use the personal information we collect about you to:

  • Perform and conclude the contract between us;
  • Provide legal advice and assistance and share your information where necessary with:
  • The relevant Court in the Bailiwick of Guernsey
  • The Employment Tribunal
  • The Guernsey Company registry
  • The Guernsey register of beneficial owners
  • Agreed third parties
  • Comply with legal or regulatory requirements.
  • Advise you of our services.

It is in our legitimate interests to hold and process personal information.

If you fail to provide personal information

If you fail to provide information when requested, which is necessary for us to comply with our legal and regulatory requirements (such as proof of identity, proof of address and (where relevant) proof of funds), we will not be able to advise you.

How we use particularly sensitive personal information

We will use your particularly sensitive personal information in the following ways:

  • Confirming the origin of bank transfers when you transfer money to the Firm or to return money to your account where applicable.
  • Information on assets and wealth to be included for example in a Will, or a Divorce Settlement.
Information about criminal convictions

We will only collect and process information about criminal convictions where relevant to your Instructions.

We have in place an appropriate policy document and safeguards which we are required by law to maintain when processing such data.

Automated decision-making

We will not undertake any automated decision-making.

Data sharing
Why might you share my personal information with third parties?

We will only share your personal information with the following third parties for the purposes of your Instructions:

  • If agreed with you, Counsel or other expert or specialist advisers.
  • Our Bank.
  • If relevant to your Instructions, our connected company, AFR Trustees (Guernsey) Limited.

All such entities are required to take appropriate security measures to protect your personal information in line with our policies. We do not allow them to use your personal data for their own purposes. We only permit them to process your personal data for specified purposes and in accordance with our and your instructions.

Data security

Our IT providers (Resolution IT) have access to our systems and data to ensure and maintain our systems and the security of those systems.

We have put in place appropriate security measures to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal information to those Partners, employees and other third parties who have a business need-to-know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.

Data retention
How long will you use my information for?

We will retain your personal information for the period of your Instructions and thereafter for such period as may be appropriate noting the time periods for a claim to be made in Guernsey Law. After this period, we will securely destroy your personal information in accordance with applicable laws and regulations.

Rights of access, correction, erasure, and restriction
Your rights in connection with personal information

Under certain circumstances, by law you have the right to:

  • Request access to your personal information (commonly known as a "data subject access request"). This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
  • Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
  • Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below).
  • Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where we are processing your personal information for direct marketing purposes.
  • Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.
  • Request the transfer of your personal information to another party.
  • Right to withdraw consent

Where you provided us with specific requested Consent you have the right to withdraw your consent for processing at any time. To withdraw your consent, please contact the Matter Partner (as named in the Letter of Engagement). Once we have received notification that you have withdrawn your consent, we will no longer process your application and, subject to our retention policy, we will dispose of your personal data securely.

  • Data protection manager

We have appointed a data protection manager (DPM) to oversee compliance with this privacy notice. If you have any questions about this privacy notice or how we handle your personal information, please contact your Matter Partner or the DPM. You have the right to make a complaint at any time to the Data Protection Commission, the Guernsey supervisory authority for data protection issues.


Amendment to Policy Statement

AFR Advocates reserves the right to amend this privacy statement at any time without notice.  It is recommended that it be viewed regularly in order to check for any such changes.  Continued use of the website after the privacy statement has been amended will be deemed acceptance of the new privacy statement