Terms and Conditions

These terms and conditions apply to all assignments given to CBEA | Cross Border Inheritance Law Practice | Mr G.S.A.J. Kuis (hereinafter referred to as “CBEA”). The persons authorised by CBEA to accept assignments on its behalf are hereinafter also referred to as “partner”.
All assignments are deemed to have been given exclusively to CBEA, and not to a person affiliated with CBEA. This also applies if it is the intention of the parties that an assignment will be carried out by a specific person affiliated with CBEA. The effect of Section 7:404 and Section 7:407(2) of the Dutch Civil Code is excluded. Persons affiliated with CBEA include employees, advisers, partners, persons working on a flexible basis, subsidiaries and shareholders of CBEA.
The costs of performing the assignment by the practice include the actual fee, the so-called disbursements and travel expenses. Unless otherwise agreed, the client owes CBEA a fee calculated on the basis of the number of hours worked (in units of 6 minutes) multiplied by an hourly rate to be agreed with the client, excluding 21% VAT. CBEA does not charge an office cost surcharge. The practice is entitled to adjust the agreed rate annually by means of an index figure. In addition to the fee, the client owes CBEA any costs it incurs on behalf of the client. These disbursements include court fees, costs of witnesses and experts, bailiff’s fees and costs of extracts from public registers. The client will be charged the hourly rate for the time spent by the solicitor in connection with the execution of the assignment, or otherwise in accordance with an individual agreement made in advance.
If, during the performance of an assignment, an event occurs that leads to CBEA’s liability, that liability is limited to the amount paid out in that case under the professional liability insurance taken out by CBEA, plus the applicable excess.
If CBEA is liable for damage to persons or property, that liability is limited to the amount paid out in that case under CBEA’s general liability insurance (AVB), plus the applicable excess.
If, for any reason, none of the above insurance policies provide entitlement to a payout, CBEA’s liability is limited to a maximum of the amount of the invoices for the six months prior to the date of the claim.
Any claim for compensation shall lapse six months after the date on which the client became aware of the damage and CBEA’s liability for it.
If CBEA engages a person not affiliated with it in the performance of an assignment, CBEA will not be liable to the client for any errors made by that person. If such a person engaged by CBEA wishes to limit its liability, CBEA has the authority to accept that limitation of liability on behalf of the client.
Not only CBEA, but also any person affiliated or formerly affiliated with CBEA and their legal successors may invoke these general terms and conditions.
CBEA does not have a third-party funds management foundation.
As a result of applicable regulations (including the Money Laundering and Terrorist Financing Prevention Act), CBEA is obliged to establish the identity of clients and to report unusual transactions to the authorities under certain circumstances.
The legal relationship between CBEA and its clients is governed by Dutch law. Only the court in The Hague has jurisdiction in the first instance to hear any dispute between CBEA and a client.
The CBEA complaints procedure applies to legal services provided by CBEA; see www.cbea.nl for more information.

These general terms and conditions are available in Dutch and English.

CBEA | Cross Border Erfrecht Advocatuur is located in Leidschendam and registered in the commercial register under no. 71519416.

Complaints Procedure

Article 1 Definitions

In this office complaints procedure, the following terms shall have the following meanings:

complaint: any written expression of dissatisfaction by or on behalf of the client towards the solicitor or persons working under his responsibility regarding
- the conclusion and/or performance of a contract for services between the solicitor and the client,
- the quality of the services provided, or
- the amount of the invoice, not being a complaint as referred to in Section 4 of the Solicitors Act;
complainant: the client or their representative who submits a complaint;
complaints officer: the solicitor responsible for handling the complaint.

Article 2 Scope

This complaints procedure applies to every contract for services between the solicitor and the client.
The solicitor is responsible for handling complaints in accordance with the firm’s complaints procedure.
Complaints must be submitted to the solicitor in writing. Complaints received by email will be treated as complaints.

Article 3 Objectives

The objectives of this complaints procedure are:

to establish a procedure for dealing with complaints from clients in a constructive manner within a reasonable period of time;
to establish a procedure for determining the causes of complaints from clients;
maintaining and improving existing relationships through effective complaint handling;
improving the quality of services through complaint handling and analysis of complaints.

Article 4 Information at the start of the service provision

This complaints procedure is public and can be consulted on the website www.cbea.nl. Before or upon entering into the contract for services, the solicitor shall inform the client of the existence of the complaints procedure and that this procedure applies to the services provided by the solicitor on behalf of the client.
The solicitor shall ensure that the general terms and conditions and/or the confirmation of the engagement state to which independent body a complaint that cannot be resolved after handling can be submitted.
Complaints as referred to in this complaints procedure that cannot be resolved after handling may be submitted to the civil (government) court. The competent court in The Hague has exclusive jurisdiction to hear a claim by the complainant against the solicitor concerning the complaint. The complainant is not admissible in proceedings against the firm: only the solicitor against whom a complaint is directed can be involved in proceedings before the court. In this regard, the complainant must take into account the fact that in certain cases, legal representation (by a solicitor) is mandatory before the civil court and that proceedings before the court involve costs (including court fees and solicitor’s fees, if applicable) that remain at the expense of the complainant.

Article 5 Internal complaints procedure

If a client approaches the firm with a complaint, the complaint will be forwarded to Martine Klein, who will act as the complaints officer.
The complaints officer will confirm receipt of the complaint in writing to the complainant and will inform them that they are acting as the complaints officer.
The complaints officer will give both the complainant and the solicitor who is the subject of the complaint the opportunity to provide an explanation or response to the complaint.
The complaints officer will endeavour to reach a solution that is acceptable to both parties, in consultation with the complainant.
The complaints officer will endeavour to deal with the complaint within four weeks of receipt. If this is not possible, the complaints officer will inform the complainant in writing, stating the reasons. The complaints officer will also indicate within what period after the four weeks have elapsed the complaint will be dealt with, or at least within what period it will be endeavoured to deal with the complaint.
If no agreement is reached between the complainant and the solicitor about whom the complaint was made that leads to the withdrawal of the complaint, the complaints officer will give his opinion on the validity of the complaint.
The complaints officer’s opinion will be communicated in writing, stating the reasons, to the complainant and to the solicitor who is the subject of the complaint. If the complaint has been dealt with satisfactorily, the complainant, the complaints officer and the person who is the subject of the complaint will sign the opinion on the validity of the complaint. If the complaint is declared unfounded or rejected for other reasons, the complaints officer will inform the complainant of the possibility of submitting the complaint to the (government) court (as provided for in Article 4(3)).

Article 6 Confidentiality and free complaint handling

The complaints officer and the solicitor who is the subject of the complaint shall maintain confidentiality during the complaint handling process. The complainant shall also maintain strict confidentiality. This means that during and after the complaint handling process, the complainant shall not contact the press and shall not comment on the complaint on social media or elsewhere.
The complainant will not be required to pay any fees for the handling of the complaint.

Article 7 Responsibilities

The complaints officer is responsible for the timely handling and resolution of the complaint.
The solicitor who is the subject of the complaint will keep the complaints officer informed of any contact and a possible solution.
The complaints officer shall keep the complainant informed of the progress of the complaint.
The complaints officer shall keep a complaint file and a complaints register.

Article 8 Complaint registration and evaluation

1. The complaints officer registers the complaint, including the subject of the complaint, the complainant’s details and any other information that may be necessary for the handling of the complaint. A complaint may be divided into several subjects.

The firm evaluates any complaints and the handling of those complaints at least once a year. Where possible, improvements in service are also implemented in response to complaints.

Privacy ruling

General

CBEA | Cross Border Inheritance Law Practice (‘CBEA’) respects your personal data and ensures that the personal information provided to CBEA or otherwise obtained is treated confidentially. Personal data refers to all information about a person. Data that indirectly says something about someone is also personal data. The following implements the information obligation laid down in the GDPR (GDPR/EU 2016/679) to the data subject(s) whose personal data CBEA processes.

Data controller and communication

CBEA processes personal data in order to offer services, improve its services and communicate with you personally as a data subject. CBEA may engage a third party to evaluate its services. As a data subject, you can choose whether to participate and provide your personal data for this purpose. You can also sign up to receive a newsletter or other forms of communication from CBEA, if and to the extent applicable.

Purpose of processing personal data

CBEA processes the personal data listed below exclusively for the purposes listed below:

providing legal services, including the execution of an agreement and conducting (legal) proceedings
collecting invoices
advising, mediating and referring
complying with legal and statutory obligations

What personal data is processed?

CBEA processes the following (types or categories) of personal data for the purpose of providing services or if provided by the data subject on their own initiative:

Personal data as recorded in deeds, identity documents and those registered in public registers or other public sources.

CBEA processes the aforementioned personal data because it has been provided by you, the data subject, on your own initiative, has been obtained in the context of the provision of services, has been made known to us by third parties, including counterparties, or has become known through public sources.

Basis for processing personal data

CBEA processes the personal data mentioned above exclusively on the basis of the following grounds as referred to in Article 6 of the GDPR:

legal obligation
performance of a contract
consent obtained from the data subject(s)
legitimate interest.

Personal data can only be requested, obtained or provided by email.

Sharing personal data with third parties

CBEA will only share your personal data with third parties to the extent necessary for the provision of services, with due observance of the aforementioned purposes. This includes, for example, the substitution of another solicitor, conducting or commissioning an expert investigation, or engaging a third party on behalf of and on the instructions of CBEA, such as an IT supplier, but also providing your personal data in connection with (legal) proceedings or correspondence with an opposing party.

In addition, CBEA may provide personal data to a third party, such as a supervisory authority or other public authority, insofar as there is a legal obligation to do so.

A processing agreement is concluded with the third party that processes your personal data on behalf of and on the instructions of CBEA, as a result of which that third party is also obliged to comply with the GDPR. Third parties engaged by CBEA, who offer services as data controllers, are themselves responsible for compliance with the GDPR for the (further) processing of your personal data. This includes accountants, notaries, other third parties engaged for the purpose of a second opinion or expert report.

Security of personal data

CBEA attaches great importance to the security and protection of your personal data and, taking into account the state of the art, takes appropriate technical and organisational measures to ensure a level of security appropriate to the risk. In the event that CBEA uses the services of third parties, such as an IT supplier, CBEA will lay down agreements in a processing agreement in the context of the protection of personal data regarding adequate security measures.

Retention period for personal data

CBEA does not retain personal data that is processed for longer than is necessary for the aforementioned purposes of data processing or as required by law and regulations. If the data processing is not based on a legal obligation or an agreement, for example if the data subject fills in a contact or registration form on their own initiative, sends an email or a notification, or contacts the law firm by telephone with a one-off request for information or similar, this data will be retained for a maximum of five years.

Privacy rights of data subjects

You can send a request for access, correction, restriction, objection, data portability, deletion of your personal data or withdrawal of previously given consent via the contact details below. You will receive further notification from us within four weeks of receipt of your request. In principle, data subjects have the following rights with regard to their personal data:

right to information (receipt of privacy statement)
right of access (with the exception of personal notes made by the controller)
right to rectification, completion, erasure or blocking (only of factual data)
right to object
right to data portability
right to be forgotten
right to restriction of processing of personal data
right to withdraw previously given consent.

There may be circumstances in which CBEA is unable to comply with your request as a data subject, either in whole or in part. Examples include the duty of confidentiality of solicitors and statutory retention periods.

In order to ensure that CBEA provides the relevant personal data to the correct person on the basis of your request, CBEA asks you to submit a copy of a valid passport, driving licence or identity card with a shielded passport photo and BSN number for verification purposes. CBEA will only process requests relating to your own personal data.

You can send your requests as referred to above to:

CBEA | Cross Border Erfrecht Advocatuur, g.kuis@cbea.nl.

Use of social media

The CBEA website(s) contain links to promote or share web pages on social (media) networks or third-party websites, such as Twitter or LinkedIn. CBEA does not supervise and is not responsible for the processing of your personal data by and through such third parties. The use of these media is therefore at your own risk. Before using these third-party services, it is advisable to first read the privacy statement of those third parties.

CBEA keeps usage data from the website(s) for statistical purposes. The personal data collected in this way is in principle anonymous and is not sold by CBEA to third parties.

In order to increase the ease of use of CBEA’s website(s), so-called “cookies” are used. A cookie is a small text file that is placed on your computer, tablet or smartphone during your visit to the CBEA website(s). The CBEA website only uses performance cookies. You can refuse the use of these cookies at any time, although this may limit the functionality and ease of use of the website(s).

You can read more about cookies and how to block or delete them on the website of the Authority for Consumers and Markets (https://www.consuwijzer.nl/telecom-post/internet/privacy/uitleg-cookies).

Amendment of privacy statement

CBEA reserves the right to amend the content of this privacy statement at any time without prior notice. Amendments to the privacy statement will be published on the law firm’s website. Please therefore consult our website(s) regularly, www.cbea.nl

Questions & Contact

If you have any questions or comments about the processing of your personal data and this privacy statement, please contact CBEA | Cross Border Erfrecht Advocatuur, Mr G.S.A.J. Kuis (official within the meaning of the GDPR), g.kuis@cbea.nl

This privacy statement was adopted on 25 May 2018.