The General Data Protection Regulation (GDPR) provides better protection for personal data and enhances the rights of individuals. McMillan Williams Solicitors provides legal services. To help us help you, we ask for personal data, which we then store, use and process. We are committed to protecting your privacy. We recognise the importance of treating personal information with respect and care, as well as our legal and statutory obligations. We will only use personal information as set out in this Privacy Notice.

This Privacy Notice sets out how McMillan Williams Solicitors (MW)1 collects and uses any personal information that you give us when you use our website, talk to us and send us documents. It is important that you read this Privacy Notice, together with MW’s  terms and conditions that we will provide on occasions when we are collecting or processing personal information about you.

Your ‘personal data’ as the law calls it, is information about you from which you can be identified. One piece of data, like your name, may be enough in some circumstances, your address and phone number, make that more specific. Some of your information is sensitive – ‘special categories’, as the GDPR calls it; it is specific to your physical, physiological, genetic, mental, economic, cultural or social identity and we need to collect this only to the extent required for the specific matter you enquire about or instruct us to represent you on. We are obliged to do so in accordance with our Privacy Policy, which you can find on our web site, https://mwsolicitors.co.uk/pdf/Data_Protection_and_Privacy_Policy_for_Clients_v0.9.pdf.

In particular, we use information we hold about you for the purpose of providing you with legal services and related purposes including updating and enhancing your records on our systems and for legal and regulatory compliance. In order to deal with your enquiry, provide you with legal services and comply with your instructions relating to your case, we may also need to share your personal data with counsel (i.e. barristers), judges, court staff, experts, and with other third parties helping us provide legal services to you.

In accordance with data privacy regulations, our lawful basis for holding your personal identifier information is ‘contract’, namely the specific instruction you give us as your solicitor. For this reason, we do not support portability of data (your right to have your data forwarded to third parties), one of your rights under the new regulation. This is lawful because we hold personal data in paper form and scanned format.

In relation to your legal matter we collect more sensitive information in the ‘special categories’. The lawful basis for this is ‘legitimate interest’, primarily your own legitimate interest and the interests of MW in representing you. The purpose of this data is to provide you with the best legal service. Some categories of personal data must be processed by MW for statutory reasons and our lawful basis for processing such data is a ‘legal obligation’, this includes data which we must report to Legal Aid and the SRA (the Solicitors Regulatory Authority) on diversity and this data is collected only on the condition that reporting to these authorities is necessary.

MW is committed to not transferring, storing or processing the data we collect from you at places outside the European Union. Furthermore, we are committed to not using any of your data in automated decision making and profiling. MW will retain your personal data only for as long as necessary after your file is closed. All your sensitive personal data held by us will then be destroyed, for some matters even earlier. For statutory reasons we will retain your key personal identifiers after that period.

You may be aware that the GDPR provides enhanced general rights for individuals as per guidance from the Information Commissioners Office (ICO, please see website https://ico.org.uk/for-the-public/. Please, note that for data held by solicitors there are exceptions to some of these rights. We will, of course, respond to any subject access requests in a timely fashion.

Please address any questions, comments and requests regarding MWLS’s data privacy to MW’s Data Privacy and Protection Manager at gpdr@mwsolicitors.co.uk. You can also direct complaints about MW regarding your personal data to MW’s Data Privacy and Protection Manager (see details above), and/or to the Information Commissioner’s Office at on telephone number 0303 123 1113 or at https://ico.org.uk/concerns/.


(1) McMillan Williams Solicitors (‘MW’) is the data controller for the purposes of the Data Protection Act 1998, the General Data Protection Regulation (‘GDPR’) (EU) 2016/679, and any other data protection law in the UK.

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