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Privacy Policy

General Statement
TrustLegalPro Law Firm is committed to the privacy of every Client. We recognise that our Clients entrust important personal information to us, and we take seriously our responsibility to protect and safeguard this information. We will always use our best efforts to protect personal information and all related data against any unauthorized use or loss. We engage in internal security practices, including, but not limited to, website secured areas and utilization of appropriate encryption technologies to securely transfer personal information. Our privacy policies and practices are described below.

Information Collection
Statement pursuant to REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC (General Data Protection Regulation).

a) web
With regard to collection of information through our website, see the information collection and use policy (cookie policy). Personal data of prospective Clients will be treated according to laws and regulations as applicable within the relevant jurisdiction.

b) existing clients  
When we advise, give assistance to or represent a Client, on the basis of a Letter of Engagement, in relation to personal and/or wealth matters, the information we collect will vary with the purpose and scope of the professional services agreed to. Such information, which can be of public or non-public nature, may include for example:

  • for wealth planning (estate or succession), all relevant information, both economic and non-economic, including information about our Client’s personal assets, financial information regarding income, personal goals and preferences
  • for wealth planning (debit and credit), any kind of relevant information including information about our Client’s transactions with others, whether provided by the Client himself or by others whom our Client has requested or authorized us to contact

c) prospective clients
In the case of information which may be given to us by you as a prospective client, or as an existing client in respect of a prospective transaction, dispute or other matter, we will assume unless you notify us to the contrary before the relevant information is given to us and we accept the position, that (a) such information is not confidential and accordingly you will not seek to restrict us from acting for any other person or disclosing such information to any client or prospective client, whether or not in respect of any matter in which you may be involved or may have an interest, unless you become a client in which case relevant rules concerning conflicts of interest and confidentiality will apply, (b) such information is not subject to confidentiality obligations owed to a third party or (c) if such information is subject to a confidentiality obligation owed to a third party that it is not being given to us in breach of such obligation.

LEGAL PROFESSIONAL PRIVILEGE (LPP)
As advocates and members of professional associations, we adhere to our professional duty to keep confidential all non-public personal information relating to a client’s case (duty of confidentiality). Moreover, all communications between us and the Client are legally protected as far as such communications fall within LPP. As a consequence, we are able to handle each Client’s case with strict levels of confidentiality which is legally protected according to applicable rules within the relevant jurisdiction.

 Italia Legge 31.12.2012 n. 247
(Professione Forense)
Art. 6 – Segreto professionale
1. L’avvocato e’ tenuto verso terzi, nell’interesse della parte assistita, alla rigorosa osservanza del segreto professionale e del massimo riserbo sui fatti e sulle circostanze apprese nell’attivita’ di rappresentanza e assistenza in giudizio, nonche’ nello svolgimento dell’attivita’ di consulenza legale e di assistenza stragiudiziale.
2. Le disposizioni di cui al comma 1 si applicano anche nei confronti dei dipendenti e dei collaboratori anche occasionali dell’avvocato, oltre che di coloro che svolgono il tirocinio presso lo stesso, in relazione ai fatti e alle circostanze da loro apprese nella loro qualita’ o per effetto dell’attivita’ svolta. L’avvocato e’ tenuto ad adoperarsi affinche’ anche da tali soggetti siano osservati gli obblighi di segretezza e di riserbo sopra previsti.
3. L’avvocato, i suoi collaboratori e i dipendenti non possono essere obbligati a deporre nei procedimenti e nei giudizi di qualunque specie su cio’ di cui siano venuti a conoscenza nell’esercizio della professione o dell’attivita’ di collaborazione o in virtu’ del rapporto di dipendenza, salvi i casi previsti dalla legge.
4. La violazione degli obblighi di cui al comma 1 costituisce illecito disciplinare. La violazione degli obblighi di cui al comma 2 costituisce giusta causa per l’immediato scioglimento del rapporto di collaborazione o di dipendenza.
Malta Professional Secrecy Act – cap 377
23.09.1994 as amended

By virtue of which it is established a high common standard of confidentiality for all professional practitioners with regard to a broad meaning of professional secrecy as defined under art.2(3):
“Professional secret” or “secret” in this Act refers to information which falls under any of the following categories:
(a) information which is to be considered secret under a specific provision of any law;
(b) information which is described as secret by the person communicating the information to a person falling within the scope of article 257 of the Criminal Code;
(c) information which has reasonably to be considered as secret in view of
(i) the circumstances in which the information has been communicated and received, and
(ii) the nature of the information, and
(iii) the calling, profession or office of the person receiving the information, and of the person giving the information, where applicable.

United Kingdom common law principles

Confidentiality and legal professional privilege (LPP) are common law principles stated by the English Courts in its decisions as a fundamental feature of the administration of justice and the rule of law. Confidentiality is a duty by which the profession is bound, whereas LPP is a right of the client. Privilege attaches to communications where these contain confidential information supplied by a client to his legal adviser, or advice supplied by the legal adviser to the client. It exists for the benefit of the client and can be waived by the client if he chooses. Among decisions recognising LPP as a substantive common law right, there are:
– R v Derby Magistrates Court, Ex p. B. [1996]
– R v Sec. of State Home Dpt, Ex p. Daly [2001]
– Morgan Grenfell and Co Ltd [2002]
– General Mediterranean Holdings v Patel [2000]
– Foxley v United Kingdom [2001]
– R v Chesterfield Justices, Ex p. Bramley [2000]
– Hilton v Barker Booth & Eastwood [2002]

Disclosures
We do not disclose personal information about any current or former Client except if necessary to carry out, administer or enforce a transaction that our Client has requested or authorized us to perform; in that connection, we may make such disclosures to:

  • at our Client’s direction or with his or her consent, the Client’s financial service providers, such as the Client’s accountant, investment advisor, insurance agent, or the financial institution that our Client has designated as trustee of a trust;
  • any person whom we jointly represent with our Client. For example, if our Client and his spouse have both requested estate planning services from us, we regard our representation of husband and wife as joint and may share information provided by one with the other, unless otherwise agreed;
  • any other person or entity to whom our Client has authorized our making a disclosure, or to whom disclosure is required by law or applicable rules of procedure.

Anti-Money Laundering 
In many jurisdictions in which we operate, laws and regulations are designed to prevent or counteract money laundering (AML rules). Broadly, money laundering can arise if a person acquires, retains, transfers, uses or controls the proceeds of a crime or the benefit of a criminal activity. References to money laundering includes references to terrorism.
In order to fulfil our obligations we are obliged to verify the identity of new clients, and in certain circumstances existing clients. In addition, our internal requirements from time to time may require that we conduct background checks on new or existing clients. These may necessitate verification procedures of the identity and good standing of clients, one or more of their directors or employees or other representatives and others and the identity of clients’ or potential clients’ shareholders, beneficial owners, management, directors or officers and/or other relevant information, possibly including evidence of the source of funds, at the outset of, and possibly from time to time throughout, our relationship with clients, which we may request and/or may obtain from third party sources. The sources for such verification may comprise documentation which we request from the prospective client or use of online sources or both.
In some circumstances we may decline to, or may not be permitted to, proceed to act until such procedures have been completed. In other circumstances we may agree to commence acting whilst these procedures are carried out. We reserve the right to decline to act or, if appropriate, cease to act should these procedures not be completed to our satisfaction. We may also be required to make detailed enquiries of any unusual transactions such as the transfer of large amounts of cash.
Where we instruct counsel or other professionals on behalf of clients they may request us to provide them with copies of evidence of identity of clients or their representatives which we have obtained from you or from other sources. We will be entitled to send such copies to them, unless the client specifically instructs us not to do so, bearing on himself the consequences of the denial of the sharing of identity evidence.


Contact
If you wish to contact the Privacy Officer to request a copy of personal information we hold about you, to request us to delete information, or to update your information, please send an email at: privacy@trustlegalpro.com