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NAI Privacy Notice for Procedural Matters

 

Last Updated: June 2022

 

Purpose of this Privacy Notice

 

The Stichting Nederlands Arbitrage Instituut (“NAI” “we” or “us”) performs dispute resolution services and carries out other activities in relation to disputes or potential disputes, both during their pendency and after their conclusion, including under the NAI Arbitration Rules, the NAI Binding Advice Rules, and the NAI Mediation Rules (“NAI Proceedings” or “Proceedings”).

 

This Privacy Notice describes how the NAI collects and processes personal data in the context of those services and activities. This Privacy Notice is not intended to override any other privacy-related orders or notices that may be issued in the context of NAI Proceedings or that we may provide you in specific circumstances. Our privacy notice for all other activities that do not relate to NAI Proceedings can be found here.

 

NAI Proceedings may finally determine the rights and interests of persons (both individuals and legal entities) and must therefore be undertaken fairly and impartially. While the NAI does not determine the outcome of disputes itself, we play an important role in ensuring that justice is administered in NAI Proceedings, and that the parties’ fundamental rights to due process, equal treatment and to present their case and to be heard are protected.

 

The conduct of NAI Proceedings requires that personal data is processed that relates to arbitrators, binding advisors, mediators, experts and/or others acting or potentially acting in similar roles (“Neutrals”), as well as tribunal secretaries, parties, their authorised representatives and legal counsel, witnesses and all other individuals that may be identified or identifiable in any information that is processed by the NAI in the context of the NAI Proceedings.

 

The NAI acts as a controller of personal data for some of its activities in the context of NAI Proceedings. You should be aware that others may also act as data controllers during NAI Proceedings, for example, the parties, their authorised representative or legal counsel and Neutrals. The NAI is the responsible entity for the data processing activities that it undertakes as an institution, but not for the activities undertaken by other data controllers in the context of NAI Proceedings. Their activities are not the subject of this Privacy Notice.

 

The NAI has appointed several data processors to process personal data on its behalf and to act in accordance with the standards as required under the Regulation (EU) 2016/679 (General Data Protection Regulation) (“GDPR”) and the relevant national GDPR implementation laws for the purposes of providing you with our services as set out below. Data processors appointed by the NAI are also subject to the conditions set out in this privacy statement.

 

Please note that when, in the context of NAI Proceedings, you provide any personal data relating to an individual with whom we or the person to whom the personal data is submitted have no direct relationship, it is your duty to provide the individual data subject with adequate notice that their data is being processed for this purpose and to comply with your other applicable data protection obligations.

 

This Privacy Notice is in effect as of the date indicated at the end of this Privacy Notice. A footer referring to this Privacy Notice will be placed on all communications during NAI Proceedings. If we make material changes to this Privacy Notice, we will indicate this in the footer and update this Privacy Notice on our website with a changed date.

 

If you have any questions about this Privacy Notice, or how we treat your personal data in the context of NAI Proceedings, or if you wish to exercise any of your data subject rights, please refer to the details found at the end of this Privacy Notice.

 

What personal data do we collect and how do we collect it?

 

Depending on the circumstances, we may obtain the following personal data about you:

 

Neutrals/Tribunal Secretaries

  • First (or initials) and last name, gender, personal and business address, e-mail address and telephone number(s);
  • Experience in arbitration and other forms of alternative dispute resolution proceedings;
  • Résumés and lists of publications;
  • Language proficiencies;
  • Company information, job title, position and/or department at the company you work for;
  • Financial information for payment or billing purposes (e.g. bank account or credit card details, billing address, VAT numbers);
  • Other personal data submitted to us by you, a party, a party’s authorised representative or legal counsel, a Neutral, a tribunal secretary, or otherwise disclosed to or collected by us from third parties or publicly available resources, in connection with NAI Proceedings;
  • Information obtained by the NAI in relation to the utilization of IT services or applications from the NAI by you (e.g. access to the NAI's guest wireless internet network) as well as the maintenance, protection and administration thereof (the latter also for the purpose of verifying compliance with the NAI's (IT security) guidelines); and
  • Information about whether you are subject to economic sanctions or any other legal or regulatory impediment.

Individual Parties/Party’s Authorised Representatives/Legal Counsel

  • Your name, contact details, financial information (including banking details), and other personal data submitted to us by you, a party, a party’s authorised representative or legal counsel, a Neutral, a tribunal secretary, or otherwise disclosed to or collected by us from third parties or publicly available resources, in connection with NAI Proceedings;
  • Information obtained by the NAI in relation to the utilization of IT services or applications from the NAI by you (e.g. access to the NAI's guest wireless internet network) as well as the maintenance, protection and administration thereof (the latter also for the purpose of verifying compliance with the NAI's (IT security) guidelines); and
  • Information about whether you are subject to economic sanctions or any other legal or regulatory impediment.

Fact and Expert Witnesses

  • Your name, contact details, financial information (including banking details), and other personal data submitted to us by you, a party, a party’s authorised representative or legal counsel, a Neutral, a tribunal secretary, or otherwise disclosed to or collected by us from third parties or publicly available resources, in connection with NAI Proceedings;
  • Information obtained by the NAI in relation to the utilization of IT services or applications from the NAI by you (e.g. access to the NAI's guest wireless internet network) as well as the maintenance, protection and administration thereof (the latter also for the purpose of verifying compliance with the NAI's (IT security) guidelines);
  • Information about whether you are subject to economic sanctions or any other legal or regulatory impediment;
  • Personal data you choose to include in your witness statement or expert report and any oral testimony you may give (which may be transcribed), as submitted to us during NAI Proceedings in which you provide written or oral evidence; and
  • Any other personal data of yours submitted to us by a party, a party’s authorised representative or legal counsel, a Neutral, a tribunal secretary, or otherwise disclosed to or collected by us from third parties or publicly available resources, in connection with NAI Proceedings in which you provide written or oral evidence.

Other Individuals

  • Personal data of yours submitted to us by a party, a party’s authorised representative or legal counsel, a Neutral, a tribunal secretary, or otherwise disclosed to or collected by us from third parties or publicly available resources, in connection with NAI Proceedings; and
  • Information obtained by the NAI in relation to the utilization of IT services or applications from the NAI by you (e.g. access to the NAI's guest wireless internet network) as well as the maintenance, protection and administration thereof (the latter also for the purpose of verifying compliance with the NAI's (IT security) guidelines).

 

How do we use your personal information and on what legal basis?

 

Depending on the circumstances in which we process your personal data, we may use your personal data in the following ways and on the legal bases described below:

 

Neutrals/Tribunal Secretaries

  • To manage and administer our (contractual) relationship with you and/or to provide and improve our services;
  • To assess your availability and suitability (including in response to specific challenges made by parties) to be appointed and to continue to act in NAI Proceedings, as necessary to further our and the parties’ legitimate interests in ensuring that only suitable candidates are appointed and that conflicts of interest do not arise that could undermine the actual or perceived integrity of NAI Proceedings;
  • To maintain a database of potential Neutrals and tribunal secretaries as necessary to further our and potential parties’ legitimate interests in identifying and appointing suitable Neutrals and tribunal secretaries;
  • To decide and potentially publish anonymised awards;
  • To remit funds to you or provide administrative information regarding your (potential) appointment or the conduct of NAI Proceedings, as necessary for the performance of our agreements with you and duties under them;
  • To facilitate the general conduct of NAI Proceedings, including to communicate with you, facilitate communications between arbitral participants, and to fulfil other administrative tasks in relation to NAI Proceedings, as necessary for furthering the parties’ legitimate interests in resolving the dispute between them, and the parties’ and the NAI’s interests in ensuring that the arbitral process operates efficiently and expeditiously and that the rights of the parties are respected;
  • To keep the NAI's internal records updated with correct information;
  • To give access and administrate access to our IT services or applications, as well as to maintain and protect these;
  • To perform (statistical) research;
  • Where necessary to meet our legal and regulatory compliance obligations, including those relating to taxes, economic sanctions and money laundering (“Legal Compliance Obligations”).

Individual Parties/Party’s Authorised Representative and Legal Counsel

  • To provide services in relation to NAI Proceedings (including remitting funds) and to communicate with you in your capacity as a party to NAI Proceedings or an authorised representative or legal counsel of a party, as necessary for furthering the parties’ legitimate interests in resolving the dispute between them, and the parties’ and the NAI’s interests in ensuring that the arbitral process operates efficiently and expeditiously and that the rights of the parties are respected;
  • Where we have entered into an agreement to provide services to you as an individual in connection with NAI Proceedings (for example, claims brought by individuals), we may process your personal data (only) as necessary to perform our obligations and duties under that agreement;
  • To manage and administer our contractual relationship with you, which also entails the monitoring and payment of invoices;
  • To keep the NAI's internal records updated with correct information;
  • To give access and administrate access to our IT services or applications, as well as to maintain and protect these;
  • To perform (statistical) research;
  • To decide and potentially publish anonymised awards; and
  • Where necessary to meet our Legal Compliance Obligations.

Expert and Fact Witnesses

  • To facilitate your giving of evidence in NAI Proceedings, and the examination of such evidence, as necessary for furthering the parties’ legitimate interests in resolving the dispute between them, and the parties’ and the NAI’s interests in ensuring that NAI Proceedings operate efficiently and expeditiously and that the rights of the parties are respected;
  • To keep the NAI's internal records updated with correct information;
  • To give access and administrate access to our IT services or applications, as well as to maintain and protect these; and
  • Where necessary to meet our Legal Compliance Obligations.

Other Individuals

  • As necessary for furthering the parties’ legitimate interests in resolving the dispute between them, and the parties’ and the NAI’s interests in ensuring that NAI Proceedings operate efficiently and expeditiously and that the rights of the parties are respected;
  • To give access and administrate access to our IT services or applications, as well as to maintain and protect these; and
  • Where necessary to meet our Legal Compliance Obligations.

How do we share your personal information?

 

Depending on the circumstances in which we handle your personal data, we may share it with the following natural and legal persons, as necessary for furthering the parties’ legitimate interests in resolving the dispute between them, and the parties’ and the NAI’s interests in ensuring that NAI Proceedings operate efficiently and expeditiously and that the rights of the parties are respected or as otherwise set out below:

  • Other participants in NAI Proceedings in which you are involved;
  • Our service providers such as our third-party data hosting providers in order for us to provide services in connection with NAI Proceedings;
  • With third parties including our professional advisors, financial institutions or law enforcement agencies, where necessary to comply with our Legal Compliance Obligations, or where it is otherwise in our or a party’s legitimate interests to do so.

 

Where do we transfer your personal data?

 

From time to time we transfer personal data to third countries in connection with the services we perform in relation to NAI Proceedings in which you are involved, or as may otherwise become necessary in the course of our operations. We make such transfers where there is a lawful basis for doing so.

 

If the recipient is not based in a jurisdiction providing an adequate level of protection for personal data as determined by the relevant regulatory body, we make such transfers in accordance with our legal obligations, for example where the transfers are necessary to establish, exercise or defend legal claims in the context of NAI Proceedings, or where there is another lawful basis to do so.

 

How long do we retain your personal information?

 

We will only keep your personal data for as long as is reasonably necessary in the circumstances. Retention periods vary depending on the category of data, taking into account legal and regulatory requirements, limitation periods for taking legal action, good practice and the lawful basis on which we process your personal data.

 

What rights do you have over your personal data?

 

Depending on the circumstances, you have a number of rights over the personal data that we process about you. These may include the right to:

  • Request access to your personal data and to obtain a copy of it from us, where this would not adversely affect the rights and freedoms of others;
  • Correct your personal data that we hold where it is incomplete or inaccurate;
  • Have your personal data erased where there is no good reason for us continuing to use or retain it, unless the processing is necessary to pursue a legal claim or defense;
  • Request that your personal data is used only for restricted purposes, unless the processing is necessary to pursue a legal claim or defense;
  • Request us to stop processing your personal data when it is being processed based on your consent;
  • Object to your personal data being processed if the lawful basis for processing it is either our or a third party’s legitimate interests, unless there are overriding legitimate grounds for the processing;
  • Require certain of your personal data to be transferred to you or a third party to the extent that the data was collected directly from you; and
  • Lodge a complaint with the relevant data protection authority.

If you wish to exercise any of these rights, or if you have any questions about this notice or how we treat your personal data, you can contact us:

  • By email:             gdpr@nai-nl.org
  • By telephone:   +31 10 281 69 69
  • By post:               P.O. Box 21075, 3001 AB Rotterdam, the Netherlands

 

Please note that if you are an employee of, nominated or engaged by, or otherwise affiliated with a party to an NAI Proceeding, we suggest that you raise your concerns with that party in the first instance before contacting the NAI regarding the processing of your personal data in the context of NAI Proceedings.

 

Date: 13 June 2022

 



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