Monitor Prawniczy

no. 22/2018

The status of advocates and legal advisors with respect to personal data processing under the GDPR and national law

Iga Małobęcka-Szwast
Doktorantka w Katedrze Prawa Europejskiego na WPiA Uniwersytetu Warszawskiego, prawniczka w kancelarii Traple Konarski Podrecki i Wspólnicy.
Abstract

The provision of legal assistance by advocates and legal advisors inherently entails the processing of personal data. However, so far, there has been no clear position in the doctrine and jurisprudence which would determine whether representatives of these professions process personal data within their profession as controllers, processors or joint controllers. Therefore, the article attempts to establish the status of advocates and legal advisors basing on the general provisions of the GDPR and national law, in particular the laws regulating the performance of both professions, which, by granting guarantees of independence and imposing professional duties, affect their status with respect to personal data processing.