Home GDPR (General Data Protection Regulation)

GDPR (General Data Protection Regulation)

By the present charter, SWIFT LITIGATION wishes to concretize its commitment to the
protection of privacy and the security of the data entrusted to it, two stakes capable of
establishing and preserving the bond of trust essential to a durable relationship between the
Firm and its clients.
The purpose of this charter is to state the commitments of the firm SWIFT LITIGATION in favor
of a respectful use of the data entrusted to it within the framework of its daily activities of advice
and support of its clients in their projects.

SWIFT LITIGATION, as a data controller, also wishes to bring to the attention of its clients all
the information made mandatory by the applicable texts, in particular the law n° 78-17 of
January 6, 1978 in its consolidated version, relating to data processing, files and freedoms, as
well as the regulation 2016/679 of the European Parliament and of the Council of April 27, 2016,
relating to the protection of natural persons with regard to the processing of personal data and
to the free circulation of such data.

Data, the core business of SWIFT LITIGATION

SWIFT LITIGATION is called upon to collect and process its clients’ data within the framework
of its activities in order to assist them in the protection and defense of their rights.
Throughout this relationship, the clients are led to communicate a lot of information, including
personal data, which SWIFT LITIGATION must collect and then treat with the greatest loyalty, in
compliance with the applicable texts and the code of ethics of the legal profession.
SWIFT LITIGATION is aware of the responsibility that represents the conservation and the use
of the data which are entrusted to it and commits itself to set up all the useful measures in order
to preserve integrity, availability, and confidentiality.

Although these issues have taken on a predominant role today in the context of the growing
digitization of exchanges, they have long been taken into account by the legal profession, in
particular through the principles of responsibility, confidentiality, and the prohibition of any
conflict of interest imposed by the status of the profession and its code of ethics.

The objective of a minimalist and relevant collection of data

By its commitment to a fair and lawful collection and processing of its clients’ data, SWIFT
LITIGATION intends to collect and process said data only in the most relevant way with regard
to the protection and respect of their rights, i.e. with the objective of “minimization”.
In doing so, SWIFT LITIGATION aims to restrict the collection and processing to the strict
minimum required for the good management and execution of the services as well as the
administrative procedures carried out on behalf of its clients. In this sense, the entrusted data
are only processed for the purpose jointly determined by the client and his counsel, and cannot
be further processed for another purpose.
Thus, the processing implemented by SWIFT LITIGATION aims only at the establishment, the
management, and the good execution of the services requested by the client, including the

communication of relevant information. It is therefore understood that a refusal to transmit the
requested information would prevent SWIFT LITIGATION from satisfying the requests of the
concerned client.
Within the framework of the services offered by SWIFT LITIGATION, the data collected and
processed are mainly so-called “simple” data (such as the contact details of natural persons)
and more occasionally data which can be considered as “sensitive” (such as registration
numbers in the directory of natural persons or, more rarely, other data collected at the request
of the client within the framework of a dispute for which SWIFT LITIGATION represents them).
In principle, the data entrusted are for the sole use of SWIFT LITIGATION. However, SWIFT
LITIGATION may transmit this data to several categories of recipients in accordance with the
purposes determined jointly by the client and his counsel, in particular:

  • The members and staff of SWIFT LITIGATION;
  • The technical service providers in charge of the information systems management;
  • Legal entities or individuals taking part in the public service of justice (in particular bailiffs, legal
    experts, other lawyers, courts and banks and accountants in the context of billing).
    SWIFT LITIGATION could also be led to communicate the entrusted data within the framework
    of a legal obligation, on request of an administrative or legal authority in conformity with the
    applicable texts, and within the framework of the exercise of a legitimate interest (in particular
    the exercise of the rights of defense).
    When such a transmission is made necessary, SWIFT LITIGATION undertakes to pay the
    utmost attention to the respect of the applicable texts as well as to the guarantees offered by the
    possible third parties to whom the data are transmitted. Apart from these exceptions, SWIFT
    LITIGATION assures not to transmit in any way the entrusted data, except on request and with
    the express agreement of its clients.
    In addition, in order to ensure quality service, SWIFT LITIGATION is called upon to keep the
    data transmitted for the whole duration of the relationship between it and its clients, which can
    be increased by the different prescription periods applicable according to the case. The council
    is responsible for the deletion of the data according to the above mentioned conditions or at the
    request of the concerned client.

The security of our information systems

SWIFT LITIGATION commits itself to ensure the preservation of the confidentiality, integrity and
availability of the data entrusted to it in accordance with the state of the art and the knowledge
and means available.
In regards to this objective, SWIFT LITIGATION implements all the appropriate technical and
organizational measures allowing to prevent a modification, disappearance, or unsolicited
consultation of the data which are entrusted to it, guaranteeing in particular:

  • The control of the logical and physical access to the data;
  • The security of the exploitation and the communications;
  • Protection against malicious software;
  • Encryption and anonymization when possible;
  • Control of subcontracting relationships.
    Moreover, it is worth reiterating that any person having access to the data entrusted to SWIFT
    LITIGATION is bound by a duty of confidentiality and is liable, in the event of a breach of the
    aforementioned obligation, to disciplinary or contractual sanctions as well as to possible legal
    proceedings.

The point of contact

In order to orchestrate the protection of privacy and security of personal data, SWIFT
LITIGATION has appointed a ” Data Protection Officer “.
This data security professional is in charge of animating the set up device, they are the contact
point for any question related to the protection of your data and to the rights guaranteed by the
texts in force.
It is with the DPO that you can exercise all your rights: access, rectification, deletion, limitation,
opposition and portability. We also remind you that you have the right to lodge a complaint with
the competent control authority.

dpo@swiftlitigation.com
40, rue de Monceau – 75008 Paris

The present charter can be modified at any time according to the needs of SWIFT LITIGATION
or if the regulation requires it. It is therefore advisable to regularly consult our website in order to
take note of any changes.

In case of major modifications to the present document, SWIFT LITIGATION reserves the right
to inform its customers directly by email.
Initial version published on June 30, 2022.