We are SOTER & PARTNERS a group of companies from Romania, which operates in the field of financial-accounting, audit, tax consultancy and immigration services. SOTER & PARTNERS group is comprised of the following companies: SOTER SRL, SOTER HR SRL, SOTER AUDIT SRL, SOTER ADVISORY SERVICES SRL, SOTER EXPRESS SRL, SOTER TAX SRL, SOTER ACT SRL, SOTER & PARTNERS NETWORK SRL.
SOTER & PARTNERS group has named a Data Privacy Consel from which 7 are members with leading positions, one from each company and 3 members have administrative functions. The Privacy Counsel is in charge of implementing, managing, monitoring and controlling data protection policies at the level of the entire SOTER & PARTNERS group.
2.1 The General Data Protection Regulation 2016 replaces the EU Data Protection Directive of 1995 and
supersedes the laws of individual Member States that were developed in compliance with the Data Protection Directive 95/46/EC.
Its purpose is to protect the
rights and freedoms of natural persons (i.e. living individuals) and to ensure that personal data is not processed without their knowledge, and,
wherever possible, that it is processed with their consent.
2.2 Our Data protection policies are governed by EU data protection legislation and national data protection legislation in force.
Material scope - the GDPR applies to the processing of personal data wholly or partly by automated means (i.e. by computer) and to the processing other than by automated means of personal data (i.e. paper records) that form part of a filing system or are intended to form part of a filing system.
Territorial scope - the GDPR will apply to all controllers that are established in the EU (European Union) who process the personal data of data subjects, in the context of that establishment. It will also apply to controllers outside of the EU that process personal data in order to offer goods and services, or monitor the behavior of data subjects who are resident in the EU.
Establishment - the main establishment of the controller in the EU will be the place in which the controller makes the main decisions as to the purpose and means of its data processing activities. The main establishment of a processor in the EU will be its administrative centre. If a controller is based outside the EU, it will have to appoint a representative in the jurisdiction in which the controller operates to act on behalf of the controller and deal with supervisory authorities
Personal data - any information relating to an identified or identifiable natural person ('data subject'); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
Special categories of personal data - personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade-union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person's sex life or sexual orientation.
Data controller - the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
Data subject - any living individual who is the subject of personal data held by an organisation.
Processing - any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
Personal data breach - a breach of security leading to the accidental, or unlawful, destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed. There is an obligation on the controller to report personal data breaches to the supervisory authority and where the breach is likely to adversely affect the personal data or privacy of the data subject.
Data subject consent - means any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data.
Child - the GDPR defines a child as anyone under the age of 16 years old, although this may be lowered to 13 by Member State law. The processing of personal data of a child is only lawful if parental or custodian consent has been obtained. The controller shall make reasonable efforts to verify in such cases that consent is given or authorised by the holder of parental responsibility over the child.
Third party - a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
Filing system - any structured set of personal data which are accessible according to specific criteria, whether centralised, decentralised or dispersed on a functional or geographical basis.
3.1 The management of SOTER & PARTNERS is committed to compliance with all relevant EU and Member State laws in respect of personal data,
and the protection of the
rights and freedoms of individuals whose information SOTER & PARTNERS collects and processes in accordance with the
General Data Protection Regulation (GDPR).
3.2 Compliance with the GDPR and national data protection legislation is described by this policy and other relevant policies such as the Information Security Policy, along with connected processes and procedures.
3.3 The GDPR, EU and national data protection legilation and this policy apply to all of SOTER & PARTNERS’s personal data processing functions, including those performed on customers, clients, employees, suppliers and partners personal data, and any other personal data the organisation processes from any source.
3.4 SOTER & PARTNERS has established objectives for data protection and privacy, which are in PIMS and GDPR Objectives Record.
3.5 Personal Information Management Systems (or PIMS) are systems that help give our company more control over personal data. PIMS allow to manage personal data in secure, local or online storage systems and share them when and with whom company choose. Providers of online services and advertisers will need to interact with the PIMS if they plan to process individuals' data.
3.6 Data Protection Officer (DPO) is appointed Law Company Dumitrache-Chironda, Ivu si Asociatii, in person of Mr. Marius Daniel IVU and Mrs. Oxana Dumitrache-Chironda, as submitted at ANSPDCP trought the:
3.7 The Person empowered with implementation of privacy policies is company Data Privacy Consel. Adminsitrator is responsible for reviewing the register of processing annually in the light of any changes to SOTER & PARTNERS's ; activities (as determined by changes to the data inventory register and records of processing activities and the management review) and to any additional requirements identified by means of data protection impact assessments.
3.8 This policy applies to all Employees/Staff of SOTER & PARTNERS including the outsourced suppliers. Any breach of the GDPR or PIMS will be dealt with under SOTER & PARTNERS ' s disciplinary policy and may also be a criminal offence, in which case the matter will be reported as soon as possible to the appropriate authorities.
3.9 Partners and any third parties working with or for SOTER & PARTNERS, and who have or may have access to personal data, will be expected to have read, understood and to comply with this policy. No third party may access personal data held by SOTER & PARTNERS without having first entered into a data protection agreement DPA, which imposes on the third party obligations no less onerous than those to which SOTER & PARTNERS is committed, and which gives SOTER & PARTNERS the right to audit compliance with the agreement.
To support compliance with the data protection legislation, the Data Privacy Consel has approved and supported the development,
implementation, maintenance and continual improvement of a documented personal information management system (
PIMS) for SOTER & PARTNERS.
All Employees/Staff of SOTER & PARTNERS are expected to comply with this policy and with the PIMS that implements this policy. All Employees/Staff, and certain external parties, will attend appropriate training. The consequences of breaching this policy are set out in SOTER & PARTNERS ' s disciplinary policy for employees and in contracts and agreements with third parties.
In determining its scope for compliance with the GDPR, SOTER & PARTNERS considers:
Obiectivele SOTER & PARTNERS pentru respectarea legilatiei privind protectia datelor ?i a PIMS:
SOTER & PARTNERS documents those objectives in the PIMS and GDPR Objectives Record.
In order to achieve these objectives, SOTER & PARTNERS has determined:
4.1 Under GDPR SOTER & PARTNERS is a data Controller for data collected from employee and Processor for Data received form clients according with services supplying agreements under the GDPR.
4.2 Top Management and all those in managerial or supervisory roles throughout SOTER & PARTNERS are responsible for developing and encouraging good information handling practices within SOTER & PARTNERS; responsibilities are set out in individual job descriptions.
4.3 Data Privacy Consel is accountable to Shareholders of SOTER & PARTNERS for the management of personal data within SOTER & PARTNERS and for ensuring that compliance with data protection legislation and good practice can be demonstrated. This accountability includes:
4.4 Data Privacy Consel takes responsibility for SOTER & PARTNERS ' s compliance with this policy on a day-to-day basis and, in particular, has direct responsibility for ensuring that SOTER & PARTNERS complies with the GDPR.
4.5 Data Privacy Consel appoints a person who has specific responsibilities in respect of procedures such as the Subject Access Request Procedure SAR ans shall be the first point of call for Employees/Staff seeking clarification on any aspect of data protection compliance.
4.6 Compliance with data protection legislation is the responsibility of all Employees/Staff of SOTER & PARTNERS who collect or/and process personal data.
4.7 SOTER & PARTNERS ' s Training Policy sets out specific training and awareness requirements in relation to specific roles and Employees/Staff of SOTER & PARTNERS generally.
4.8 Employees/Staff of SOTER & PARTNERS are responsible for ensuring that any personal data about them and supplied by them to SOTER & PARTNERS is accurate and up-to-date.
All processing of personal data must be conducted in accordance with the data protection principles as set out in Article 5 of the GDPR. SOTER & PARTNERS’s policies and procedures are designed to ensure compliance with the principles.
5.1 Personal data must be processed lawfully, fairly and transparently
Lawful - identify a lawful basis before you can process personal data. These are often referred to as the
conditions for processing
, for example consent.
Fairly -in order for processing to be fair, the data controller has to make certain information available to the data subjects as practicable. This applies whether the personal data was obtained directly from the data subjects or from other sources.
The GDPR has increased requirements about what information should be available to data subjects, which is covered in the
Transparency requirement .
Transparently- the GDPR includes rules on giving privacy information to data subjects in Articles 12, 13 and 14. These are detailed and specific, placing an emphasis on making privacy notices understandable and accessible. Information must be communicated to the data subject in an intelligible form using clear and plain language.
SOTER & PARTNERS set out the Privacy Notice Procedure and the Privacy Notice regarding the processing of personal information.
The specific information that must be provided to the data subject must, as a minimum, include:
5.2 Personal data can only be collected for specific, explicit and legitimate purposes Data obtained for specified purposes must not be used for a purpose that differs from those formally notified to the supervisory authority as part of SOTER & PARTNERS ' s GDPR register of processing. Privacy Procedure GDPR sets out the relevant procedures.
5.3 Personal data must be adequate, relevant and limited to what is necessary for processing
5.4 Personal data must be accurate and kept up to date with every effort to erase or rectify without delay
5.5 Personal data must be kept in a form such that the data subject can be identified only as long as is necessary for processing.
5.6 Personal data must be processed in a manner that ensures the appropriate security
The Data Protection Officer will carry out a risk assessment taking into account all the circumstances of SOTER & PARTNERS ' s controlling or processing operations.
In determining appropriateness, the Data Protection Officer / GDPR Owner should also consider the extent of possible damage or loss that might be caused to individuals (e.g. staff or customers) if a security breach occurs, the effect of any security breach on Organisation Name itself, and any likely reputational damage including the possible loss of customer trust.
When assessing appropriate technical measures, the Data Protection Officer will consider the following:
When assessing appropriate organisational measures the Data Protection Officer / GDPR Owner will consider the following:
5.7 The controller must be able to demonstrate compliance with the GDPR' s other principles.
The GDPR includes provisions that promote accountability. These complement the GDPR' s transparency requirements. The accountability principle in Article 5(2)GDPR requires to demonstrate that the controller comply with the principles and states explicitly that this is his responsibility.
SOTER & PARTNERS will demonstrate compliance with the data protection principles by implementing data protection policies, adhering to codes of conduct, implementing technical and organisational measures, as well as adopting techniques such as data protection by design, DPIAs, breach notification procedures and incident response plans.
6.1 Data subjects have the following rights regarding data processing, and the data that is recorded about them:
6.2 SOTER & PARTNERS ensures that data subjects may exercise these rights:
7.1 SOTER & PARTNERS understands
consent to mean that it has been explicitly and freely given, and a specific, informed and unambiguous indication of the data subject’s wishes that,
by statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her. The data subject can withdraw their consent at any time.
7.2 SOTER & PARTNERS understands
consent to mean that the data subject has been fully informed of the intended processing and has signified their agreement, while in a fit state of mind
to do so and without pressure being exerted upon them. Consent obtained under duress or on the basis of misleading information will not be a valid basis for processing.
7.3 There must be some active communication between the parties to demonstrate active consent. Consent cannot be inferred from non-response to a communication. The Controller must be able to demonstrate that consent was obtained for the processing operation.
7.4 For sensitive data, explicit written consent Consent Procedure of data subjects must be obtained unless an alternative legitimate basis for processing exists.
7.5 In most instances, consent to process personal and sensitive data is obtained routinely by SOTER & PARTNERS using standard consent documents.
7.6 Where SOTER & PARTNERS provides online services to children, parental or custodial authorisation must be obtained. This requirement applies to children under the age of 16 (unless the Member State has made provision for a lower age limit, which may be no lower than 13).
8.1 All Employees are responsible for ensuring that any personal data that SOTER & PARTNERS holds and for which they are responsible, is kept securely and is not under any conditions disclosed to any third party unless that third party has been specifically authorised by SOTER & PARTNERS to receive that information and has entered into a confidentiality agreement.
8.2 All personal data should be accessible only to those who need to use it, and access may only be granted in line with the Access Control Policy All personal data should be treated with the highest security and must be kept:
8.3 Care must be taken to ensure that PC screens and terminals are not visible except to authorised Employees/Staff of SOTER & PARTNERS. All Employees/Staff are required to enter into an Acceptable Use Agreement before they are given access to organisational information of any sort, which details rules on screen time-outs.
8.4 Manual records may not be left where they can be accessed by unauthorised personnel and may not be removed from business premises without explicit authorisation. As soon as manual records are no longer required for day-to-day client support, they must be removed from secure archiving in line with.
8.5 Personal data may only be deleted or disposed of in line with the Retention of Records Procedure. Manual records that have reached their retention date
are to be shredded and disposed of as
confidential waste. Hard drives of PCs are to be removed and immediately destroyed as required by GDPR - before disposal.
8.6 Processing of personal data
presents a potentially greater risk of loss, theft or damage to personal data.
Staff must be specifically authorised to process data off-site.
9.1 SOTER & PARTNERS must ensure that personal data is not disclosed to unauthorised third parties which includes family members, friends, government bodies, and in certain circumstances, the Police. All Employees/Staff should exercise caution when asked to disclose personal data held on another individual to a third party. Will be required to attend specific training that enables employee to deal effectively with any such risk. It is important to bear in mind whether or not disclosure of the information is relevant to, and necessary for, the conduct of SOTER & PARTNERS' s business.
9.2 All requests to provide data for one of these reasons must be supported by appropriate paperwork and all such disclosures must be specifically authorised by the DPO.
10.1 SOTER & PARTNERS shall not keep personal data in a form that permits identification of data subjects for longer a period than is necessary, in relation to the purpose(s) for which the data was originally collected.
10.2 SOTER & PARTNERS may store data for longer periods if the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes, subject to the implementation of appropriate technical and organisational measures to safeguard the rights and freedoms of the data subject.
10.3 The retention period for each category of personal data will be set out in the Retention of Records Procedure along with the criteria used to determine this period including any statutory obligations SOTER & PARTNERS has to retain the data.
10.4 SOTER & PARTNERS ' s data retention and data disposal procedures (Storage Removal Procedure) will apply in all cases.
10.5 Personal data must be disposed of securely in accordance with the sixth principle of the GDPR processed in an appropriate manner to maintain security,
thereby protecting the
rights and freedoms of data subjects. Any disposal of data will be done in accordance with the secure disposal procedure.
11.1 All exports of data from within the European Economic Area (EEA) to non-European Economic Area countries (referred to in the GDPR as
are unlawful unless there is an appropriate
level of protection for the fundamental rights of the data subjects
11.2 The transfer of personal data outside of the EEA is prohibited unless one or more of the specified safeguards, or exceptions, apply:
Assessment of adequacy by the data controller
In making an assessment of adequacy, the Romania based exporting controller should take account of the following factors:
12.1 SOTER & PARTNERS has established a data inventory and data flow process as part of
its approach to address risks and opportunities throughout its GDPR compliance project. SOTER & PARTNERS 's data inventory and data flow determines:
12.2 SOTER & PARTNERS is aware of any risks associated with the processing of particular types of personal data.
SOTER & PARTNERS is the owner of this document and is responsible for ensuring that this policy document is reviewed in line with the review requirements stated above.
A current version of this document is available to all members of staff on the corporate intranet
This policy was updated and approved by Data Privacy Consel on 21.10.2019.