General conditions
Article 1 Definitions
In these general terms and conditions the following definitions are used:
1.1. “Corbus Advocaten BV”: Corbus Advocaten BV a limited liability company, with registered office and consultation office in B-2000 Antwerpen-Antwerp (Belgium), 22 Lange Klarenstraat, listed in the register of legal entities of Antwerpen-Antwerp, division Antwerpen-Antwerp, with enterprise number 0474.987.224 and with VAT number VAT BE 0474.987.224.
T 0032 (0)3 286 06 50
I www.corbus.be
E info@corbus.be
1.2. “Client”: a natural person or legal entity using the services of Corbus Advocaten BV.
1.3. “Party”: Corbus Advocaten BV or the Client.
“Parties”: Corbus Advocaten BV and the Client.
1.4. “Information document”: the document entitled “Information document” that can at any time be found and consulted on the website of Corbus Advocaten BV or that can be obtained at Corbus Advocaten BV free of charge and which document contains the most actual details regarding inter alia the contact details for Corbus Advocaten BV, (the position of) the lawyers affiliated with Corbus Advocaten BV, the bar association where the lawyers affiliated with Corbus Advocaten BV are registered, (the place where the Client can find) the professional rules (code of ethics) that the lawyers affiliated with Corbus Advocaten BV are subjected to, the place where the Client can find the Privacy policy of Corbus Advocaten BV and the place where the Client can find other linguistic versions and previous versions of the general conditions of Corbus Advocaten BV.
1.5. “Privacy policy”: the document entitled “Privacy policy” that can at any time be found and consulted on the website of Corbus Advocaten BV or that can be obtained at Corbus Advocaten BV free of charge and that contains the policy of Corbus Advocaten BV regarding the processing of personal data.
1.6. “Grouping”: the grouping of lawyers acting under the common name “Corbus Advocaten” and of which Corbus Advocaten BV is a member.
Article 2 Applicability
§ 1. These general terms and conditions shall apply to all services rendered by Corbus Advocaten BV to its Client and shall therefore be an integral part of the contractual relationship between Corbus Advocaten BV and the Client.
These general terms and conditions are, as a framework agreement, not only applicable to the initial assignment given by the Client to Corbus Advocaten BV, but also to any possibly following assignment, unless the Parties agree in writing with other terms and conditions for a specific other assignment.
§ 2. Agreements differing from one or more clauses of these general terms and conditions will only replace such clause or clauses as from which they differ. The remaining clauses shall remain fully applicable.
§ 3. The applicability of any general (purchase) conditions of the Client is expressly excluded.
Article 3 Co-contracting party of the Client – position of the lawyers affiliated with Corbus Advocaten BV
§ 1. The lawyers affiliated with Corbus Advocaten BV shall perform their services for and on behalf of Corbus Advocaten BV.
Corbus Advocaten BV is the Client’s sole co-contracting party for any services performed by its lawyers partners, associate lawyers, trainee lawyers and appointees.
The list of lawyers affiliated with Corbus Advocaten BV and their position can always be found in the Information document and on Corbus Advocaten BV’s website.
§ 2. Exceptionally, a lawyer affiliated to Corbus Advocaten BV can handle a case for his own account. In particular this relates to pro-bono cases.
The case being, the agreement with and/or the correspondence of a lawyer handling a case for his own account shall mention this explicitly (e.g. as follows: “This case is an own case of Mr […] and no case of Corbus Advocaten BV” and/or by using his own letterhead).
When a lawyer affiliated with Corbus Advocaten BV handles a case for his own account, only the lawyer concerned shall be the co-contracting party of his Client and liable.
§ 3. In the Information document the Client can at any time find the bar association where the lawyers affiliated with Corbus Advocaten BV are registered, the professional rules (code of ethics) where the lawyers affiliated with Corbus Advocaten BV are subjected to and the place where these professional rules can be consulted.
Article 4 Object of service
§ 1. The services provided by Corbus Advocaten BV may relate inter alia to providing advice, assistance with mediation, assistance with negotiations, assistance with legal proceedings, acting as a mandatory.
The Parties shall agree upon the precise object of the services of Corbus Advocaten BV at the start of the work and, if necessary, modify / expand the same in its further performance. The Client agrees that the determination of the precise object of the services and the eventual modification / expansion thereof can happen without prescribed form and can, inter alia, emerge from correspondence (including a summary by Corbus Advocaten BV of oral instructions / assignments given to it by the Client, which have not been contradicted by the Client) or, the (even silent) acceptance of work or the payment of invoices.
§ 2. Unless the nature of the specific assignment implies without any doubt that the obligations of Corbus Advocaten BV are result obligations and also when this has been explicitly agreed in writing, the obligations of Corbus Advocaten BV shall not be result obligations but best efforts obligations.
§ 3. The place of execution of the obligations of Corbus Advocaten BV shall be the registered office of Corbus Advocaten BV.
Article 5 Internal division of tasks
§ 1. Unless the Client explicitly objects hereto, Corbus Advocaten BV shall be free to divide or redivide cases or certain aspects thereof internally among its lawyers at its own discretion.
Such internal division shall be as much as possible in accordance with the preferred subjects of the lawyers and/or the wishes of the Client. Where necessary the lawyers shall work as a team.
The dominus litis shall always retain supervision of the case.
§ 2. The Client shall be informed of the details of the lawyer handling his case.
Article 6 Loyal cooperation – exchange of information – presumption of mutual representation in case of multiple clients
§ 1. The Client shall fully cooperate with the handling of his casr by Corbus Advocaten BV. The Client shall spontaneously and promptly provide any such information to Corbus Advocaten BV as may be required to make an optimum performance of its services possible, both at the start of the agreement and during its term, if necessary, also at the request of Corbus Advocaten BV.
The Client is aware of the fact that in some cases a deadline applies to submit documents (e.g., the deadlines in court cases to file and communicate a statement of claims or to use a remedy at law). If Corbus Advocaten BV provides a draft text to the Client, the Client shall thoroughly read it without delay and provide his feedback, taking into account that Corbus Advocaten BV must have sufficient time to process this feedback. In the event of the Client’s silence, Corbus Advocaten BV is entitled but not obliged to infer the Client’s approval of the draft text. The Client shall immediately inform Corbus Advocaten BV if he is served a writ or notified a procedural document (e.g. writ of summons, service) and is aware of the fact that this may result in the expiry of a (limitation) period.
Corbus Advocaten BV shall not be liable for damages resulting from incorrect or incomplete information provided by the Client or the failure of the Client to provide information in due time.
§ 2. Corbus Advocaten BV shall promptly inform the Client about the performance of its services and about the course of the handling of his case.
§ 3. Corbus Advocaten BV draws the Client’s attention to the fact that if the Client is a natural person and does not have sufficient income, he could be eligible for (fully or partially) free second-line legal assistance and legal aid (see article 508 / 1 et seq. and article 664 et seq. of the Gerechtelijk Wetboek [Judicial Code] and the Koninklijk Besluit van 18 december 2003 tot vaststelling van de voorwaarden van de volledige of gedeeltelijke kosteloosheid van de juridische tweedelijnsbijstand en de rechtsbijstand [Royal Decree of 18 December 2003 establishing the conditions of fully or partially free of charge second-line legal assistance and legal aid]). The Client can find practical information about this on the website of the Orde van Vlaamse Balies [the Order of Flemish Bar Associations] and on the website of the orde van advocaten bij de rechtbank Antwerpen (Balie Provincie Antwerpen) [the bar association of the court of Antwerp (Bar of the Province of Antwerp). If the Client believes he is eligible for this, he must immediately inform Corbus Advocaten BV thereof.
§ 4. Corbus Advocaten BV draws the Client’s attention to the fact that if the Client were to receive insurance cover for the claim that is the object of the case which he has entrusted to Corbus Advocaten BV or with regard to the lawyer’s fees and other legal costs in the case which he has entrusted Corbus Advocaten BV (legal expenses insurance) he should notify Corbus Advocaten BV of this without delay and that he should provide a copy of such insurance policy.
§ 5. Corbus Advocaten BV draws the Client’s attention to the fact that disputes do not necessarily have to be settled through the courts and that there is always the possibility of mediation or conciliation, in addition to other forms of amicable settlement of disputes. Clients are invited to further question Corbus Advocaten BV on this matter if they so wish.
§ 6. Corbus Advocaten BV reminds the Client that judicial proceedings involve risks and costs (besides the fees and costs of the own lawyer).
Corbus Advocaten BV reminds the Client in particular of the legislation regarding legal costs, as foreseen in the articles 1017 and 1022 of the Gerechtelijk Wetboek [Judicial Code] and the Koninklijk Besluit van 26 oktober 2007 [Royal Decree of 26 October 2007] in execution thereof. According to these legal provisions (1) (in civil proceedings) in general the legal costs are awarded against the losing party, (2) these legal costs include, inter alia, the statutorily prescribed contribution towards the other party’s legal representation costs (“case preparation allowance”) defined as “a fixed contribution in the fees and costs of the lawyer of the winning party”, and (3) the amount of this statutorily prescribed contribution towards the other party’s legal representation costs is calculated according to complex rules and (periodically indexed) scales.
For other proceedings – criminal proceedings, administrative proceedings… – specific rules – similar or not – shall apply.
The prevailing party in a lawsuit will, due to the compensation rules, not necessarily be able to recover (all) its incurred (lawyer’s) costs.
§ 7. If in a specific case Corbus Advocaten BV defends the interests of several Clients, Corbus Advocaten BV is entitled to suppose that these Clients mutually represent each other, in particular regarding the exchange of information, the approval of draft texts and the approval of specific actions. Corbus Advocaten BV is in particular entitled to suppose this mutual representation if the concerned Clients are spouses, cohabiting partners, family members, business partners, parties to the same agreement, members of the same (company) body, affiliated companies, a company and its ultimate beneficial owner.
Article 7 Appeal to third parties
§ 1. If it is necessary or appropriate to appeal to the services of a lawyer associated with another member of the Group, a bailiff / judicial officer or a translator, the Client shall let Corbus Advocaten BV choose one, unless the Client explicitly objects. The same goes for the performance of simple tasks (filing a procedural document, appearing at a(n) (initiatory) hearing, …) by a local lawyer.
§ 2. If the performance of the services requires that an appeal be made to other third parties, such as (foreign and/or specialised) lawyers, notaries public, accountants, auditors or experts, they shall be chosen in consultation with the Client.
§ 3. The appeal to a third party will be made for an on behalf of the Client so the Client shall be deemed having contracted directly with this third party. The remuneration / the fees, costs and expenses of these third parties are to be borne by the Client and have to be paid directly to these third parties. If they are advanced by Corbus Advocaten BV, they will be passed on to the Client.
Article 8 Fees and expenses
§ 1. Corbus Advocaten BV shall charge its work, offices expenses, on-charged expenses and advanced expenses periodically (usually every month or according to the progress of the work performed in a case and anyhow at the moment prescribed by the VAT legislation) to the Client by means of an invoice.
The Client expressly agrees that Corbus Advocaten BV sends its invoices electronically, in pdf format, to the Client, to the invoicing e-mail address provided by the Client, and in the absence thereof, to the Client’s general e-mail address and/or the e-mail address of any person at the Client’s place of business who commissions Corbus Advocaten BV.
Corbus Advocaten BV may adjust the frequency of its invoices if the volume of the work performed or the amount to be charged justifies to do so.
The amount of the invoice shall be divided into the following items: (1) fees, (2) office expenses and (3) other expenses.
Further specification of the work performed and costs and expenses shall be sent on the Client’s demand.
§ 2. The work done shall be charged under the item of fees.
Unless agreed otherwise in writing, the work done shall be charged on a time unit basis and in accordance with the basic hourly rates of the lawyer(s) who did the work at the time this work was done, as established by Corbus Advocaten BV.
A time unit equals one fifth of an hour. Every time unit started can be charged as a full time unit. The time unit rate shall be one fifth of the hourly rate.
Corbus Advocaten BV’s own time records in its software system, on the basis of concise descriptions divided into categories, shall be accepted by the Parties as evidence of the time worked by Corbus Advocaten BV.
The basic hourly rates used by Corbus Advocaten BV are:
• Lawyer partner: € 175.- to € 250.-, VAT excluded (i.e. € 211.75 to € 302.50 – 21% VAT included);
• Associate lawyer: € 135.- to € 175.-, VAT excluded (i.e. € 163.35 to € 211.75 – 21% VAT included);
• Trainee lawyer: € 75.- to € 135.-, VAT excluded (i.e. € 90.75 to € 163.35 – 21% VAT included).
The Client can at any time find and verify the actual position of every lawyer of Corbus Advocaten BV – which position can evolve throughout time in accordance with inter alia growing experience or specialisation – on the website Corbus Advocaten BV.
Corbus Advocaten BV may adjust this basic hourly rate depending on the nature of the case, the importance of the case, the difficulty of the case, the experience or specialisation of the lawyer and the urgency of the assignment.
Corbus Advocaten BV is entitled to index the agreed rates / compensations in the month January of every year on the basis of the evolution of the consumer price index and in accordance with the following formula:
adjusted rate or rates = [original rate or remuneration x new index figure] / [original index figure]
The new index figure is the index figure for the month of December, which immediately precedes the time when the adjustment of the tariff or reimbursement takes place (with an adjustment on 1 January of year x this means the index figure of the month of December of the year x- 1).
The original index figure is the index of December 2022.
If a favourable decision is pronounced in a case and/or if a case is disposed of with a favourable outcome (including the case that the time spent on the handling of the case (in function of the result obtained) is not a proper value measure for the assessment of the service provided), Corbus Advocaten BV shall be entitled to charge a success fee. This success fee may, at the discretion of Corbus Advocaten BV and unless specific agreements are made in this respect, consist in
• multiplying the fees charged or to be charged for work performed by a coefficient (which shall not be lower than 1.1 and not higher than 2); or
• charging additionally fees as a percentage (which – unless agreed otherwise – shall not be higher than 20 per cent) of the amount recovered or saved, or the importance of the case; or
• charging additionally an amount corresponding to the penalty granted and/or the granted statutorily prescribed contribution towards the other party’s legal representation costs.
Without prejudice to the charging of fees, under the item of office expenses shall be charged the costs of opening a file, typing, printing and photocopying costs in a limited quantity on a standard paper size on an office machine, postage expenses and varied office expenses. Office expenses shall be charged a flat rate based on ten per cent of the fees charged.
Corbus Advocaten BV and the Client may mutually agree on other formulas for calculating the fees and office expenses, for instance for collection matters, uncontested matters and simpler matters. Such formulations may inter alia consist in
• charging a lump sum per case or per case per instance;
• charging only a penalty and/or the statutorily prescribed contribution towards the other party’s legal representation costs per case (whether or not these amounts can effectively be recovered by the Client);
• charging a fixed lump sum per time period (for instance per year) that is payable periodically (normally monthly) and pro rata.
Any expenses advanced by Corbus Advocaten BV to third parties such as court registries, DPA-deposit, legal security offices, enterprise counters, the Belgian Official Gazette, the National register, the Central database of seizure reports, the Central Solvency Register, official and unofficial commercial, company and enterprise registers, official and unofficial registers and databases, third lawyers, bailiffs / judicial officers, notaries public, translators, accountants, auditors, experts and (domestic and foreign, public and private) agencies, printing and copying costs other than those mentioned above, shipping costs other than those mentioned above (e.g. by registered mail or by courier) and the travelling costs of the lawyers (mileage allowance at € 0,50 VAT excluded per kilometre and parking expenses), shall be charged separately under the item of other expenses on the basis of costs actually incurred.
All amounts mentioned must be increased by the applicable VAT rate, actually 21%, unless otherwise indicated. Only the advanced expenses will not be increased by VAT under the conditions set out in the VAT legislation. Circulaire AAFisc nr. 47 / 2013 (E.T. 124.411 – NR 78-80) of 2013, November 20th explains and sets out in detail the application of the VAT legislation onto the lawyers’ profession.
§ 3. The Client acknowledges that the amount of the fees and costs he owes to Corbus Advocaten BV, in addition to the above-mentioned factors, also depends on various other factors over which Corbus Advocaten BV has no control and over which the Client sometimes has no control either.
Without being limitative, the following, among others, can be taken into account:
• The more time is spent on the case, the more fees will be charged, unless a formula is agreed whereby the fees are not charged at all based on the time units worked.
• The quantity, pertinence, completeness, and quality of the information supplied and the manner in which it is supplied (whether or not structured, whether or not in an easily processable file format), both by the Client and by the other parties involved in the Client’s case, influence the time required to process it. The greater the quantity, the less pertinent, the more incomplete and the less qualitative the information provided, and the less structured the information is provided, the more time will be needed to process it (e.g., because it gives rise to searches, the need to ask additional questions, formulate hypotheses, etc.).
• The greater the complexity of the case, the more time will have to be spent on it. The possibly limited (monetary) stakes of a case are not a measure of its complexity. A short question may prompt a long and nuanced legal answer. The possible brevity of a final product (e.g., a letter, a legal opinion, a contract, a procedural document) therefore says nothing about the extent of the intellectual effort, the research and thought that went into it.
• The more additional questions are raised in a case (e.g., the answering of additional questions in a legal opinion, the adaptation or addition of additional clauses in a contract, the formulation of new pleas and claims in a lawsuit) and the more demanding / principled one’s position is (even if this is with good reason), the more time will have to be spent on it.
• The more interaction with the other parties involved in the Client’s file, the more time will have to be spent on it (e.g., because a draft contract drawn up by the other party has to be amended, because of the need to replicate the other party’s arguments and claims in court). Both the facts and the applicable law may give rise to discussion. In particular, the Client involved in litigation should always be aware that the course of litigation and its ultimate duration are difficult to predict: (1) each party may submit defences, submit (interlocutory) claims, provoke procedural incidents (postponement, additional periods for written statements of claims, reopening of the debates…), possibly use remedies at law (opposition, appeal, appeal in cassation, third-party proceedings…), (2) within the same instance there are often several rounds of written statements of claims (word and argument) followed by a pleading hearing, (3) first legal proceedings sometimes provokes one or more other legal proceedings (e.g. civil proceedings on the merits, criminal proceedings, preliminary relief proceedings, attachment proceedings, enforcement proceedings) and (4) the court also determines the course of the proceedings and regulates the agenda and can sometimes raise ex officio pleas. The longer a lawsuit runs, the more time will have to be spent on it.
• Even small, quick, or intermediate questions, by phone or e-mail, require time to answer them in a nuanced way.
• The urgency with which actions have to be taken may make them more time-intensive (e.g., because a procedural document or bundle of documents has to be filed immediately in person at the competent court, instead of being sent by post).
Given all the above-mentioned, often uncertain, factors, it is usually impossible to fully estimate the total cost of the case in advance. Corbus Advocaten BV will give the Client an estimate in this respect at the start of the case to the best of its ability. The client can always request an update during the progress of the case. The Client is requested to always provide relevant and complete information in a structured manner, to fully cooperate in the handling of the case and, if desired, to question Corbus Advocaten BV about all aspects of the case, in particular those that (may) have consequences for the fees due.
§ 4. Corbus Advocaten BV reserves the right to ask the Client for an advance before the start or in the course of its work by means of an advance invoice and to start respectively continue its work or to advance costs only after the payment of such advance.
An advance is a lump sum to be paid by the Client to Corbus Advocaten BV prior to a detailed interim invoice or final invoice. In the detailed calculation, the already invoiced advances will be taken into account.
New Clients shall always be asked an advance, whose amount shall depend on the work to be performed and the expenses to be incurred.
Advance payments can always be asked if the nature of the case and/or the work to be performed require to do so and/or when costs have to be advanced.
§ 5. By accepting these general terms and conditions, the Client confirms having been informed in advance and in detail by Corbus Advocaten BV (1) about the manner in which Corbus Advocaten BV calculates and charges its remuneration (fees, expenses) and (2) about the estimation to the best of its ability (of the order of magnitude) of the charges the Client can expect in his concrete case(s) in function of all parameters influencing this.
§ 6. If the Client does not agree to an invoice, he must protest the same in writing and in a reasoned way within fifteen days from the date of receipt of such invoice.
§ 7. Unless agreed otherwise, all invoices shall be payable within fifteen days after their issuance date.
If an invoice (advance invoice, interim invoice or final invoice) is not paid in time, Corbus Advocaten BV shall, without being obliged to give the Client prior notice of default, be entitled (1) to charge interests of default at an interest rate of 12% from the expiry date of the invoice until the date of full payment, and it shall also be entitled (2) to charge a fixed compensation of 10% of the amount paid late (with a minimum of € 50.-), without prejudice to the right of Corbus Advocaten BV to claim compensation of recovery and court costs (including procedural costs) in the event that an extrajudicial or a court procedure for the collection of the debt needs to be instituted.
If specific, mandatory legislation restricting accessories and costs in case of recovery applies (in particular with regard to consumers), the accessories and costs due shall be reduced to the limits provided for in such legislation.
In case an invoice is not paid in time, Corbus Advocaten BV shall also be entitled, without being obliged to give the Client prior notice of default, either to suspend the performance of its work until the time that all amounts owed have been fully paid, or to terminate the agreement with the Client with immediate effect.
Corbus Advocaten BV shall not be liable for any damage resulting from the suspension of its work or the termination of its contract with the Client.
§ 8. If Corbus Advocaten BV defends the interests of several Clients in a particular case, all these clients are jointly and indivisibly obliged to pay the invoices related to this case (the case being increased by the accessories mentioned in §7 and by all recovering costs), and this independent to which of these Clients Corbus Advocaten BV has addressed these invoices.
§ 9. The place of payment shall be the registered office of Corbus Advocaten BV.
§ 10. If it is not mandatory to issue an invoice according to VAT legislation (in particular towards private clients that act beyond any professional activity), Corbus Advocaten BV may, at its own discretion, opt to issue a request for payment (statement of fees and expenses) instead of or precedent to issuing an invoice. All preceding clauses relating to invoices issued by Corbus Advocaten BV, in particular, §6, §7 and §8, are applicable accordingly to any such a request for payment.
Article 9 Clients’ funds
§ 1. Corbus Advocaten BV shall forward any and all amounts it receives for the Client’s account to the Client as soon as possible.
If Corbus Advocaten BV is unable to forward an amount immediately, it shall inform the Client about the receipt of the amount and the reason why the amount is not forwarded.
§ 2. Corbus Advocaten BV shall forward any and all amounts it receives from the Client for the account of third parties to such third parties immediately.
§ 3. Corbus Advocaten BV shall always be entitled, even without the specific consent of the Client, to withhold from the amounts it receives from third parties for the account of the Client or from the Client for the account of third parties sums to cover the amounts that the Client owes to it (even if these are not yet due and payable), regardless of whether the amounts received for the account of the Client or from the Client and the amounts owed to Corbus Advocaten BV relate to the same Client file. In such case, Corbus Advocaten BV will inform the Client in writing of the set-off without delay.
Article 10 Liability
§ 1. In the event of an imputable shortcoming in the execution of the service by Corbus Advocaten BV (also including professional errors on the part of the lawyers affiliated with Corbus Advocaten BV who provide their services in the name of and on behalf of Corbus Advocaten BV) the client may hold Corbus Advocaten BV solely liable, and not the shareholders / partners of Corbus Advocaten BV, the directors / representatives of Corbus Advocaten BV, the appointees of Corbus Advocaten BV and/or the lawyers affiliated with Corbus Advocaten BV.
However, Corbus Advocaten BV cannot be held liable for any shortcomings of third parties (including (specialised and/or foreign) lawyers not affiliated with Corbus Advocaten BV)) who are engaged by the firm, even if these third parties charge their fees / honoraria and expenses to Corbus Advocaten BV and/or these third parties are regarded as subcontractors of Corbus Advocaten BV. In addition, Corbus Advocaten BV cannot guarantee the competencies of these third parties which may differ from its own. Corbus Advocaten BV can also not be held liable for the choice by Corbus Advocaten BV or by the Client at recommendation of Corbus Advocaten BV of a third party that is engaged. The Client is at liberty to make contractual agreements (concerning liability) with the third parties engaged.
§ 2. The Orde van Vlaamse Balies [the Order of Flemish Bar Associations] (policyholder) has taken out, with MS Amlin Insurance SE (lead insurer), Zurich Insurance PLC, Belgium Branch (co-insurer) and KBC Verzekeringen NV (co-insurer) an insurance policy “burgerlijke beroepsaansprakelijkheid van advocaten“ [“professional civil liability for lawyers“] (broker: Vanbreda Risk & Benefits NV, B‑2140 Borgerhout (Belgium), Plantin en Moretuslei 297). This pertains to a renewal of a previously concluded insurance contract, with some specific changes in respect of the original insurance contract; the renewal took effect on 1 January 2020.
The insured parties covered by this insurance policy include:
“…
C. the Orde van Vlaamse Balies [the Order of Flemish Bar Associations], from the point at which they have joined this policy;
…
F. all lawyers who are included in the register or on the list of trainee-lawyers of the insured parties listed under C., or who are included on an EU-list. Also insured are the associations or partnerships of lawyers in which the insured parties-lawyers conduct their professional activities, for harmful acts committed by the insured parties or by these associations or partnerships;
G. all appointees, in law or in fact, of the insured parties referred to under A., B., C., D., E. and F., and all individuals for whom these insured parties can be held liable.”
The cover of this insurance policy applies for events giving rise to liability occurring starting from 1 January 2013 and which are reported during the period of validity of this policy for those insured parties who are members at that time. For the others, the cover shall begin from the date of their joining as a result of notification by the Orde van Vlaamse Balies [the Order of Flemish Bar Associations].
The guarantee of this insurance policy is applicable to the consequences of acts committed anywhere in the world, to activities that the insured parties carry out from their offices located in Belgium and subject to the clarifications included in the insurance policy. However, claims filed against the insured parties from the United States or Canada, or under the law or jurisdiction of the United States and Canada, shall not be covered.
The payment from the insurer – according to the specific terms of the insurance policy taken out – shall have a maximum limit of € 2,500,000.‑ per damage claim. The aforementioned maximum amount is the amount that applies since the renewal of the insurance policy commenced on 1 January 2017. For liability-generating events that occurred in the period between 1 January 2013 (commencement date of the original insurance policy) and 31 December 2016, the payment from the insurer shall have – under the specific terms of the insurance contract signed – a maximum limit of € 1,250,000.- per damage claim.
[For acts giving rise to liability which have occurred starting from 1 January 2003 through 31 December 2012, a similar insurance policy for “burgerlijke beroepsaansprakelijkheid van advocaten“ [“professional civil liability for lawyers“] had been established between the Orde van Vlaamse Balies [the Order of Flemish Bar Associations] (policyholder) and Ethias NV (insurer) (broker: Vanbreda Risk & Benefits NV, B‑2140 Borgerhout (Belgium), Plantin en Moretuslei 297).]
With regard to the specific terms of the insurance cover, Corbus Advocaten BV refers to the text of the insurance policies taken out, which takes precedence over the previous, simplified summary. A copy of this insurance policy is available free of charge to the Client upon request.
§ 3. The liability of Corbus Advocaten BV for any damage as a consequence of a shortcoming imputable to the law firm (regardless of the extent) is limited to the amount for which the law firm is insured. Therefore the client cannot claim damages (principal, interest and costs) greater than the amount that would be paid by the insurer of Corbus Advocaten BV for the damage claim, increased by any exemption that the insurer may have withheld based on the insurance policy.
The liability of Corbus Advocaten BV for any damage as a consequence of a shortcoming imputable to the law firm (regardless of the extent) for which the law firm has no insurance cover shall be limited to the amount of € 25,000,‑ per damage claim.
§ 4. The Client accepts the standard insurance of Corbus Advocaten BV as sufficient.
However, if the Client wishes for Corbus Advocaten BV to take out supplementary insurance, Corbus Advocaten BV and the Client must establish an agreement concerning this in advance. Subject to agreement otherwise, the premium for this supplementary insurance shall be payable by the Client and shall be charged to him.
§ 5. The aforementioned limitations in the liability of Corbus Advocaten BV are not applicable for damage intentionally caused by Corbus Advocaten BV and/or by a lawyer affiliated with Corbus Advocaten BV and/or by an appointee of Corbus Advocaten BV. In the case that the client is a consumer in the sense of the Wetboek van Economisch recht [the Economic Law Code], the aforementioned limitations in the liability of Corbus Advocaten BV shall not be applicable for damage caused (a) intentionally and through serious error on the part of Corbus Advocaten BV, by a lawyer affiliated with Corbus Advocaten BV, by an appointee of Corbus Advocaten BV or by an agent of Corbus Advocaten BV or (b) by failure to uphold a commitment that constitutes one of the main elements of the contract, with the exception of force majeure.
§ 6. Furthermore, the limitations in the liability provided by this article shall be interpreted at all times in the sense that they are legally valid. In the event that a limitation of liability provided by this article should not be legally valid in certain situations, then this situation shall be regarded as falling outside of their scope.
Article 11 Intellectual Property Rights
The Client shall not be allowed to reproduce, make public or use, himself or with the help of third parties, any legal opinions, memoranda, contracts, procedural documents, documents and any other intellectual activities regardless of the form prepared by Corbus Advocaten BV, without the latter’s prior written consent, in any way other than within the framework of the assignment given to Corbus Advocaten BV.
Article 12 Termination – consequences of the termination
§ 1. Without prejudice to the methods for termination of the agreement between Corbus Advocaten BV and the Client according to standard law, both the Client and Corbus Advocaten BV shall be entitled to terminate the agreement at any time with immediate effect and without justification. If the Client is a consumer in the meaning of the Wetboek van Economisch recht [the Economic Law Code], Corbus Advocaten BV can only terminate the contract after a term of notice of at least two weeks (without prejudice to the right of Corbus Advocaten BV to suspend its performances in the mean time, should the Client be in default, or to dissolute the contract because of serious breach of contract.
The termination must be done in writing.
§ 2. The Client shall be obliged to pay all services, expenses and costs until the date of termination of the agreement and, if a successful decision or outcome was reasonably expected, or became reality, the success fee. Corbus Advocaten BV already draws up an invoice for all work and expenses up to the date of termination of the agreement and delivers it to the Client.
However, the foregoing is without prejudice to the rights of a Party in the event of a termination of the agreement due to a default by the other Party.
§ 3. Corbus Advocaten BV shall return the Client’s file to the latter or his lawyer on demand.
§ 4. Corbus Advocaten BV shall not be liable for any damage resulting from the termination of the agreement between Corbus Advocaten BV and the Client, except in cases in which this the agreement would be terminated based on non-performance by Corbus Advocaten BV.
§ 5. The termination of the agreement between Corbus Advocaten BV and the Client and any commitments based on this agreement, regardless of their cause, does not exempt the parties from the agreements they have made concerning the consequences of termination of the agreement and any commitments based on this agreement.
Article 13 Archiving
§ 1. After the termination of each assignment Corbus Advocaten BV shall archive the file concerned and then keep the same for a period of five years. Corbus Advocaten BV is entitled to charge a reasonable cost for preservation.
Original documents may be returned to the Client and shall, if necessary, be archived by him.
After the aforementioned period of five years, the file shall – in principle – be permanently destroyed.
§ 2. Corbus Advocaten BV draws the attention of the Client to the fact that it is recommended that the Client keeps his file for a sufficient period of time in order to safeguard his rights (e.g., are the original documents needed to enforce (later again) and/or to interrupt the limitation period) and that the Client is obliged, on the basis of specific rules, to keep certain supporting documents for a certain period of time (e.g., for accounting and tax obligations).
§ 3. The Client is solely responsible for the scheduling of limitation and expiry periods if Corbus Advocaten BV’s assignment is terminated.
Article 14 Satisfaction
§ 1. If the Client is dissatisfied with the work done by a lawyer of Corbus Advocaten BV, the Client may discuss this matter with the lawyer concerned himself.
If these consultations do not lead to a solution for the Client, another lawyer partner or associate lawyer of Corbus Advocaten BV shall be appointed to investigate the complaint and where possible to mediate a solution, at the Client’s request.
The Client can find more information about his rights and possibilities in case of problems with his lawyer on the website of the Orde van Vlaamse Balies [Order of Flemish Bar Associations]. Corbus Advocaten BV also refers the Client to the existence of the Ombudsman Service for Consumer Disputes relating to the Legal Profession. The Client can find practical information about this on the website of the Ombudsman Service for Consumer Disputes relating to the Legal Profession.
§ 2. Corbus Advocaten BV strives for optimal service. Upon termination of each assignment Corbus Advocaten BV may ask the Client to participate in a Client Satisfaction Survey. By means of a reply form, the Client shall be offered the opportunity to inform Corbus Advocaten BV in writing about his experiences.
Article 15 Money-laundering prevention
§ 1. The Law of 18 September 2017 on the prevention of money laundering and terrorist financing and on the restriction of the use of cash (BS 6 October 2017) has also been declared applicable to the legal profession; this law was further concretised for the legal profession in Articles 67 et seq. of the Code of Ethics for Lawyers (hereinafter “anti-money laundering legislation”).
Among other things, the anti-money laundering legislation aims to prevent various money laundering activities and the financing of terrorism.
§ 2. Lawyers must fulfil various obligations under the anti-money laundering legislation (“money laundering prevention obligations”).
For example, lawyers must identify their clients, verify client data, assess general and client-specific risks, be constantly vigilant and adopt internal procedures to monitor compliance with anti-money laundering legislation.
Corbus Advocaten BV has thus developed internal procedures in order to comply with its money laundering prevention obligations.
In particular, Corbus Advocaten BV brings to the Client’s attention article 70 of the Codex Deontologie voor Advocaten [Code of Ethics for Lawyers]:
“Art. 70 Professional secrecy – declaration of presumption
§1. The lawyer shall observe professional secrecy in all circumstances.
§2. However, any lawyer who, in the course of carrying out the activities listed in Article 67, discovers facts which he knows or suspects to be related to money laundering or terrorist financing shall immediately inform the President of the Bar to which he belongs.
§3. To fulfil the aforementioned obligation to report to the President of the Bar, the lawyer shall take into account the rules included in Annex 1 (Money laundering prevention obligations) to this Codex.”
§ 3. The Client acknowledges that the compliance by Corbus Advocaten BV with its money laundering prevention obligations and the internal procedures it has put in place partly require the cooperation of the Client.
The Client also acknowledges that if he does not communicate the expected data, Corbus Advocaten BV cannot enter into the business relationship / cannot act for the Client and, if it would have already acted provisionally anyway, it must terminate its further intervention.
§ 4. In the context of its money laundering prevention obligations, Corbus Advocaten BV must precisely identify the Client as well as, if applicable, his / her beneficial owners and mandataries, and verify his / her / their identity. To this end, the Client shall immediately and spontaneously provide and substantiate on the basis of official documents all necessary / requested (identity) data of himself and, if applicable, of his beneficial owners and his mandataries.
Corbus Advocaten BV must also gain insight into and obtain information about the characteristics of the Client (including, where applicable, the Client’s ownership and control structure) and the purpose and nature of the business relationship or of the intended occasional transaction. The Client shall promptly and spontaneously provide this information to Corbus Advocaten BV. Corbus Advocaten BV will further request this information at its own discretion by means of a survey of the Client and/or by means of questionnaires.
§ 5. The Client shall immediately and spontaneously inform Corbus Advocaten BV if it does not act in its own name and for its own account, but as agent. The Client shall designate the actual client / principal and provide all necessary information and supporting documents to verify the identity of the actual client / principal and the veracity of the Client’s mandate.
Likewise, the Client shall immediately and spontaneously inform Corbus Advocaten BV if he or, as the case may be, one or more of his beneficial owners, is a politically exposed person (“PPP”), a relative of a politically exposed person or a person known to be a close associate of a politically exposed person.
§ 6. The Client shall, whenever any information provided by him to Corbus Advocaten BV changes (including the identity of his beneficial owner(s)), immediately and spontaneously provide Corbus Advocaten BV with the updated data and the necessary supporting documents.
§ 7. The data provided by the Client will (may) be verified by Corbus Advocaten BV and will be kept by Corbus Advocaten BV, for as long as required and permitted by law.
Article 16 Processing of personal data
§ 1. Corbus Advocaten BV is responsible for the privacy of the Client and always acts in accordance with the provisions of the applicable legislation regarding the protection of personal data. Corbus Advocaten BV is responsible for the processing of personal data (“controller”) of the Client. It determines the purpose and means of processing. The policy of Corbus Advocaten BV regarding the processing of personal data is laid down in the Privacy policy of Corbus Advocaten BV, which can always be consulted on the website of Corbus Advocaten BV.
§ 2. As controller, Corbus Advocaten BV concludes agreements with its processors within the meaning of article 28.3 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (“GDPR”).
§ 3. Only for (the part of) the processing of personal data of certain data subjects where Corbus Advocaten BV would be the processor (and in other words only processes for the benefit of and on instruction of the Client) and the Client is the controller, the data processing provisions included in the appendix to these general terms and conditions (as a data protection agreement in the sense of article 28.3 GDPR) shall apply.
Article 17 Amendment
§ 1. Corbus Advocaten BV reserves the right to amend these general terms and conditions at any time.
In the event of any amendment, Corbus Advocaten BV shall communicate the amended text to the Client. This can via the website of Corbus Advocaten BV.
§ 2. In the absence of written protest within fourteen days from the communication of the amended text, the Client shall be deemed to have accepted the amended text and the amended text shall bind the Client for the future.
Article 18 Invalidity or nullity – contradiction
§ 1. Should one or more clauses of these general terms and conditions be null and void, invalid or unenforceable, the validity and enforceability of the other clauses of these general terms and conditions shall not be affected. If a clause would be invalid in one specific hypothesis but valid in another, the specific hypothesis in which the clause is invalid will be deemed not to be intended.
§ 2. If one or more provisions of these general terms and conditions exceed any legal limitation, the relevant provision or part of it will not be void or invalid, but will automatically be reduced or limited to the maximum allowed under the applicable law, without prejudice to the application of paragraph §3 of this article.
§ 3. The Parties further undertake to replace any void, invalid or unenforceable provision in joint consultation immediately by a provision that approaches the purpose of the original clause as much as possible. If replacement of the clause is not possible, common law will apply.
§ 4. In case there is contradiction between the different language versions of these general terms and conditions, the version in Dutch, which is the only authentic version, prevails.
Article 19 Governing law – jurisdiction
§ 1. Any and all agreements between Corbus Advocaten BV and the Client (including their establishment, interpretation, implementation, termination and (post-contractual) consequences) shall be governed exclusively by the laws of Belgium.
§ 2. The Parties shall settle their disputes preferably amicably.
§ 3. The Codex Balie Provincie Antwerpen [the Antwerp Province Bar Code] contains specific provisions on the collection of fees and fees disputes (articles 54 et seq.). The Client can obtain more information on these provisions at de website of de orde van advocaten bij de rechtbank Antwerpen (Balie Provincie Antwerpen) [the bar association of the court of Antwerp (Bar of the Province of Antwerp).
§ 4. Prior to any legal proceedings, the Parties shall preferably but without being obliged thereto have the case called up for an amicable settlement before the competent court or before a body authorized thereto by the orde van advocaten [the bar association].
Outstanding amounts may, within the scope of application of the relevant regulations (see in particular article 1394 / 20 et seq. of Gerechtelijk Wetboek [the Judicial Code]), be collected by Corbus Advocaten BV at the expense of the Client via extrajudicial proceedings.
§ 5. Should a dispute between Corbus Advocaten BV and the Client be brought before a court, such dispute shall, to the exclusion of any other forum and notwithstanding the application of mandatory provisions, be brought before the courts of 2000 Antwerpen-Antwerp (viz. the vredegerecht van het tweede kanton van Antwerpen [the subdistrict court of the second subdistrict of Antwerp], the rechtbank van eerste aanleg Antwerpen, afdeling Antwerpen [Antwerp court of first instance, division Antwerp] or the ondernemingsrechtbank Antwerpen, afdeling Antwerpen [Antwerp business court, division Antwerp] or the department of the aforementioned courts which is specifically authorized to examine the applicable case in accordance with their operating regulations). In addition, only Corbus Advocaten BV has the right to bring the dispute before the court (domestic or foreign) that has jurisdiction by virtue of common law in the absence of the preceding forum clause.
Annex. Provisions regarding data processing
The data protection provisions of this appendix only apply if and insofar as Corbus Advocaten BV processes personal data of certain data subjects in the context of its services to the Client (as described in these general terms and conditions) for the benefit of and at the instructions of the Client.
Article 1 Definitions
In this appendix the following additional definitions are used:
5.1. “GDPR”: Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
5.2. “Data subject(s)”: the identified or identifiable natural person(s) (within the meaning of article 4, 1) GDPR) whose Personal data are processed, including the categories of Data subjects as described in article 2 of this Annex.
5.3. “Annex”: this Annex.
5.4. “Data leak”: an infringement in connection with Personal data within the meaning of article 4, 12) GDPR, namely a breach of security that inadvertently or unlawfully leads to the destruction, loss, modification (temporary or non-temporary) unavailability or unauthorized disclosure of or unauthorized access to transmitted, stored or otherwise processed Personal data.
5.5. “Services”: the services provided by Corbus Advocaten BV to the Client in the context of the Agreement.
5.6. “Agreement”: the agreement between Corbus Advocaten BV and the Client in which, among other things, the Services are specified and of which these general conditions form part.
5.7. “Personal data”: all information or data of or in relation to (a) Data subject(s), within the meaning of article 4, 1) GDPR.
5.8. “Directive 95/46/EC”: Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data.
5.9. “Standard Contractual Terms”: the standard contractual clauses that provide sufficient guarantees for a legitimate transfer of personal data to third countries in accordance with a decision of the European Commission based on article 26.4 of Directive 95/46/EC, or provisions on data protection as adopted by the European Commission or the relevant supervisory authority (including the Data Protection Authority) and approved by the European Commission in accordance with the comitology procedure referred to in article 93.2 GDPR. Data protection clauses that are adopted in accordance with the GDPR will take precedence over any standard contractual clauses as adopted on the basis of Directive 95/46/EC and replace these insofar as they cover the same type of relationship for the transfer of personal data.
5.10. “Processing”, “Process” or “Processed”: the processing of or in relation to the Personal data, within the meaning of article 4, 2) GDPR, namely any processing or whole of operations relating to the Personal data or a set of Personal data whether or not performed via automatic processes, such as collecting, recording, organizing, structuring, storing, updating or modifying, retrieving, consulting, using, providing by means of transmission, dissemination or otherwise making available, aligning or combining, to protect, delete or destroy Personal data.
5.11. “Data protection legislation”: until May 24, 2018, the Directive 95/46/EC and its transposition into the relevant national legislation (including the Act of 8 December 1992 on the protection of privacy with regard to the processing of personal data) and from 25 May 2018, the GDPR, together with other legislation deriving from Directive 95/46/EC and the GDPR and/or any other legislation of any other country with regard to the protection of personal data or privacy.
Article 20 Description of the Processing
§ 1. Subject – nature. Corbus Advocaten BV may, on the instructions of the Client, Process certain Personal data of Data subjects for the performance of and in connection with certain of the Services.
§ 2. Personal data. The Personal data to be Processed shall be the Personal data which are transferred by the Client to Corbus Advocaten BV in order to enable or facilitate the performance of the relevant Services.
§ 3. Data subjects. The Data subjects may be clients or personnel of the Client or other persons with whom the Client is confronted during his business operations.
§ 4. Purpose. The purpose of this Processing is to provide the relevant Services to the Client.
§ 5. Duration. The Personal data are usually only Processed by Corbus Advocaten BV during the term of the Agreement and are not kept for longer than necessary for the purposes, unless special legal provisions apply to the storage or Processing hereof (such as the period of five years referred to in article 2276bis old Civil Code).
Article 21 The Processing by Corbus Advocaten BV
§ 1. Instructions from the Client
1.1. Corbus Advocaten BV Processes the Personal data exclusively on the basis of the Client’s instructions, subject to opposing legal obligations, in which case Corbus Advocaten BV will inform the Client of this prior to the Processing, unless such notification is legally prohibited.
1.2. The Client hereby authorizes and instructs Corbus Advocaten BV to Process Personal data in accordance with this Annex. This Annex and the relevant Services performed by Corbus Advocaten BV together comprise the full instructions of the Client to Corbus Advocaten BV in connection with the Processing of Personal data. All additional or different instructions must be given separately and in writing and must be agreed by the Parties.
1.3. The Client declares and warrants that he is and remains authorized to give the aforementioned instructions on behalf of any affiliated company that, the case being, is or may be a controller responsible for the Processing of Personal data of the Data subjects (whether or not jointly with the Client).
§ 2. Obligations of the Client
2.1. The Client will comply with the Data protection legislation. He will take all appropriate and organizational measures to ensure that the Processing of Personal data of Data subjects complies with the GDPR. In particular, the Client will take the required measures with regard to components provided for, managed or controlled by the Client, including workstations from which connection is made with the Services of Corbus Advocaten BV, used data transfer systems and with regard to its personnel or appointees (including employees, subcontractors and self-employed employees).
2.2. The Client is responsible for the legality (of the collection and/or the Processing) of the Personal data Processed by Corbus Advocaten BV in the context of this Annex and/or the relevant Services. The Client will take all necessary measures to update the Personal data and to delete and/or correct incomplete or incorrect Personal data.
2.3. The Client declares and guarantees:
a. that he has complied with the applicable Data protection legislation in the collection and Processing of Personal data of the Data subjects;
b. that he has adequately informed the Data subjects about their rights and obligations (in accordance with articles 13 and 14 GDPR), in particular about the Processing by Corbus Advocaten BV (or by lawyers or a law firm) for the benefit of and on instruction(s) of the Client;
c. that the Processing of Personal data in the context of this Annex and/or the relevant Services is lawful; and
d. that its personnel and appointees (including employees, subcontractors and self-employed employees) know and will comply with the obligations under this Annex and the Data protection legislation.
2.4. If compliance with the Data protection legislation requires any action or measure by Corbus Advocaten BV, in addition to the obligations under this Annex, Corbus Advocaten BV shall make such action or measure after prior consultation with and approval by the Client. The latter will in any case notify Corbus Advocaten BV in advance of the required actions or measures, and will provide full cooperation and assistance to Corbus Advocaten BV and compensate the latter against market-based prices as agreed between the Parties for performance which require additional services, investments or adjustments of the Services.
2.5. However, Corbus Advocaten BV is not responsible for compliance with any legislation applicable to the Client or his activities that are not generally applicable to Corbus Advocaten BV.
§ 3. Transfer of Personal data outside the European Union:
3.1. Any transfer of Personal data to ((group) companies, third parties, service providers or servers in) countries outside a Member State of the European Union will take place in accordance with the Data protection legislation.
3.2. Corbus Advocaten BV does not control and is not responsible for the location from which the Client or his end-users (can) process Personal data.
§ 4. Disclosure of Personal data
4.1. Corbus Advocaten BV will not transfer or disclose Personal data to third parties, except for:
a. on instruction(s) from the Client;
b. if this is required for the Processing of Personal data by a sub-processor in accordance with article 3, §6 of this Annex; or
c. if this is required by law.
4.2. In case of a transfer of Personal data to a third party on instruction(s) of the Client, only the latter is responsible for concluding written agreements with this third party concerning the protection of Personal data, including, where applicable, the required Standard Contractual Terms. In any event, the Client will fully indemnify and hold harmless Corbus Advocaten BV for any damage arising from such transfer by Corbus Advocaten BV to a third party, unless the aforementioned damage is solely due to a proven shortcoming of Corbus Advocaten BV.
4.3. Corbus Advocaten BV guarantees that its employees, acting under the authority of Corbus Advocaten BV, who are authorized to Process Personal data and have access thereto, will observe the confidentiality of the Personal data.
§ 5. Security measures
Corbus Advocaten BV will take all appropriate technical and organizational measures regarding the security of the Processing required in accordance with article 32 GDPR.
§ 6. Making use of sub-processors
6.1. The Client acknowledges and explicitly allows Corbus Advocaten BV to engage sub-processors for the Processing of Personal data and to transfer Personal data to them.
6.2. Corbus Advocaten BV will inform the Client in advance about all sub-processors who will Process Personal data in the context of the performance of the Services. Corbus Advocaten BV will also inform the Client about any change to sub-processor(s). If the Client does not agree with the Processing of Personal data by one or more sub-processors, the Client will inform Corbus Advocaten BV in writing within fifteen (15) calendar days after receipt of the aforementioned notification. If necessary, Corbus Advocaten BV will make reasonable efforts to propose changes to the Client with a view to avoiding Processing of Personal data by the relevant sub-processor(s).
6.3. Corbus Advocaten BV will conclude written agreements with each such sub-processor containing obligations that offer no less protection than the obligations of Corbus Advocaten BV on the basis of this Annex, including the required Standard Contractual Terms and, in particular, with regard to the obligation to take appropriate security measures so that the Processing complies with the Data protection legislation.
6.4. In any case, Corbus Advocaten BV will at all times remain the point of contact for the Client in this respect. In the event that the relevant sub-contractor does not fulfil his data protection obligations, Corbus Advocaten BV remains responsible for the compliance of the sub-processor with the obligations of Corbus Advocaten BV pursuant to this Annex.
§ 7. Rights of the Data subject
7.1. Taking into account the nature of the Processing of Personal data and insofar possible, Corbus Advocaten BV will provide assistance and will cooperate with the Client in fulfilling its obligations under the Data protection legislation, in particular for the Client to be able to comply with its obligation(s) to respond to requests from Data subjects exercising their rights. The Client will enable the Data subjects to exercise their rights. The Client will provide all necessary information about the Processing of Personal data to the Data subjects in accordance with articles 13 and 14 GDPR.
7.2. If a Data subject is to contact Corbus Advocaten BV directly to access / copy, rectify or erase or to limit the Processing of his Personal data, Corbus Advocaten BV will refer the relevant Data subject to the Client. Corbus Advocaten BV will not respond to the request itself. However, Corbus Advocaten BV can provide the basic contact information of the Client to the relevant Data subject. The Client will inform the Data subjects that they can only exercise their rights vis-à-vis the Client. The Client will respond to any such request from a Data subject and comply with its obligations in this respect under the Data protection legislation.
§ 8. Notifications, checks and audits
8.1. Unless prohibited by law, Corbus Advocaten BV will notify the Client without unreasonable delay if Corbus Advocaten BV or one of its sub-processors receives a question, subpoena or request for inspection or audit from a competent government agency in connection with the Processing of Personal data. Corbus Advocaten BV will also inform the Client when Corbus Advocaten BV intends to provide Personal data to a competent government body outside the scope of the Services.
8.2. Corbus Advocaten BV will immediately notify the Client if in its opinion an instruction or assignment from the Client constitutes an infringement of the Data protection legislation.
8.3. At the request of the Client, Corbus Advocaten BV will provide all information to the former in order to comply with its obligations under article 28 GDPR.
§ 9. Data leaks
9.1. Corbus Advocaten BV will inform the Client without unreasonable delay as soon as it has become aware of a Data leak, regardless of its cause.
9.2. The Client will immediately notify Corbus Advocaten BV of any security incident or security issue, including a Data leak, that is in any way related to the Services.
9.3. The Party responsible for the Data leak will further investigate the Data leak and keep the other Party informed of new developments as well as the measures that are taken and will be taken to limit the consequences of the Data leak and prevent its repetition.
9.4. However, both Parties will cooperate in such investigation and provide mutual assistance in fulfilling their obligations under the Data protection legislation, in particular the obligation to notify a Data leak to the Data Protection Authority under article 33 GDPR.
9.5. A notification pursuant to article 3, §9 of this Annex and/or the Data protection legislation shall always take place without (adverse) acknowledgment of any error or liability with regard to the Data leak.
§ 10. Data Protection Impact Assessments (DPIA)
In the event that the Client is obliged to execute a DPIA (“data protection impact assessment”) pursuant to article 35 GDPR, Corbus Advocaten BV will provide the necessary cooperation and assistance to the Client so that he can fulfil his obligations in this respect. Such assistance will be reimbursed at such rates that are agreed between the Parties.
§ 11. Removal and return of Personal data
11.1. In the event of termination of the Agreement (and this Annex), Corbus Advocaten BV will, within sixty (60) days after the aforementioned termination, delete or anonymize all Personal data of Data subjects as Processed in the context of this Annex (subject to any back-up or archives), unless the Client otherwise instructs or if (further) storage of the Personal data is required by law.
11.2. If the Client requests this in writing no later than thirty (30) days before the termination of the Agreement, Corbus Advocaten BV will provide him with a copy of the Personal data on his systems, which costs will solely be borne by the Client.
Article 22 Liability in the context of the Processing
§ 1. The Client is liable and shall indemnify Corbus Advocaten BV in full, including interest and (lawyers) costs, for all damages (including sanctions (such as administrative fines) imposed by supervisory authorities (such as the Data Protection Authority) and damage suffered by the Data subjects or Corbus Advocaten BV) that is the result of the Client not complying with his obligations set forth in this Annex and/or the Data protection legislation.
§ 2. The provisions of article 10 of the general terms and conditions are fully applicable.