We expend significant resources protecting the electronic data that we maintain. As part of our information security programme, we take steps to safeguard all data that are entrusted to us. Some of that data might be personal data, as defined by the EU General Data Protection Regulation 679/2016 (“GDPR”), concerning individuals located in the European Union. Our information security programme implements technical and organisational measures designed to protect personal data against unlawful, unauthorised, or accidental loss, disclosure, destruction, access, or use.

By instructing us, you (i) acknowledge that, with regard to any personal data that you provide us, you have consent from the data subjects or have some other lawful basis to provide their personal data to us, (ii) agree that we may maintain and use that data in order to represent you and to fulfil any regulatory, professional, and legal obligations we might owe to you, and (iii) agree that the use of the personal data that you provide to us is necessary for the performance of the Engagement and to carry out our representation of you. You also acknowledge that, if you share with us any personal data that is subject to the GDPR, you and we act as independent data controllers with our own responsibilities to comply with the relevant obligations of the GDPR and any applicable national implementing legislation.

In representing you in this matter, if you or others will provide us with “special categories of data” or other sensitive personal data, as defined by the GDPR, please inform us in writing so that we may consider whether to take any additional steps to safeguard the information.

We will use mobile phones, tablets, electronic devices, and various Internet services to communicate with you and others on your behalf, including exchanging emails and other electronic documents. Some of those communications might take place over unencrypted wired, wireless, or Wi-Fi networks. We take steps to make our communications with you reasonably secure, and it is important that you also communicate with us in ways that maintain the confidentiality of information that you provide us. Despite these security efforts, there are known risks that these communications might be hacked, intercepted, attacked, inspected by governmental authorities at or near borders, or infected by computer viruses, malware, or other destructive electronic programmes. This means you should not use devices or Internet services or addresses that you do not own or control, e.g., computers in hotels, airports, libraries, or internet cafes, and home computers shared with others. We also caution you about the use of cloud computing and file sharing services, as their security protocols and terms of service might affect the confidentiality of the information placed there.

Recognising that the use of electronic communications involves some risk, you agree that the benefits and efficiencies of using electronic communications outweigh the risks of interception or accidental disclosure and that we may communicate with you and others electronically even if the messages in some instances might not be encrypted. However, most—but not all—of the emails and their attachments that we send to major commercial email servers that provide service to the US, the UK, Europe, and many other parts of the industrialised world are automatically encrypted. We have additional software which enables us to send encrypted emails and attachments, so please advise us in writing of your preferences. Similarly, if you plan to send us information that is highly confidential or very sensitive in nature, please contact us in advance so that we can discuss whether any additional steps should be taken.

Confidential Information and/or Documents

We agree that any information and/or documents concerning your business and affairs disclosed orally, in writing or by any other means or provided prior or during the course of the Engagement by yourself or your advisers shall be treated by us as confidential.

We shall at all times keep confidential information and/or documents secret and confidential and shall not directly or indirectly disclose to any third party at any time any of the confidential information except with your prior consent provided that we have a right to disclose such confidential information and/or documents when required to do so under applicable law or by a government order or decree or by the requirements of any applicable stock exchange or order of a competent court. To the extent reasonably possible, we shall give you prior notice of any such disclosure.

We shall not be subject to the above restrictions in respect of any information which is: (i) independently generated by us without use of the confidential information and/or documents; or (ii) is furnished to us by you without the restriction of confidentiality; or (iii) was or becomes known to us through other sources free of any confidentiality restrictions.