СЪДЪРЖАНИЕ ОТ СТАР САЙТ НА АС - 26.08.2024

CONFIDENTIALITY NOTICE CONCERNING THE PROCESSED BY THE COURT OF ARBITRATION AT THE BCCI PERSONAL DATA

This notification is intended for the categories of data subjects whose data is collected and processed by the Bulgarian Chamber of Commerce and Industry (BCCI), as a data controller, for carrying out the activities of the Arbitration Court at the BCCI.

1. Who are we?
   The Arbitration court at the BCCI is independent of the BCCI judicial institution, based in the town of Sofia, at: 9 Iskar str., e-mail: acourt@bcci.bg, contact tel: +359 2/81 17 560/561
   
   Data protection officer: Julia Prigoncha
   Contact details of the data protection officer and in case you need further information: dpo1@bcci.bg.
   
   The Arbitration court authorises civil litigation, as well as disputes concerning the replenishment of gaps in contracts or their adjustment to emerging circumstances, regardless of whether the seat or residence of one or both parties is in the Republic of Bulgaria or out of it.
   
   The Arbitration court carries out its activities in accordance with its Atatutes and Rules and the disputes are dealt with according to the International Commercial Arbitration Act and its rules.
   
   Information, part of which contains personal data, is collected within and in the course of the conduct of the arbitral activity. Below are details of what data is collected, why, how much time it is stored, and the rights guaranteed by the General Data Protection Regulation (EU) 2016/679 and the national data protection law.
    
2. What personal data we collect and what we use them for
   In view of the specifics of the Arbitration court, the data is mostly collected because of the need to identify the personality and qualities of the arbitrators, experts or parties who assign to us the solution of a particular dispute. This means that, in general, data is collected on the basis of a law, contract or legitimate interest.
   
   Information for the parties to the arbitration proceedings before the AC at the BCCI
   In the context of arbitration proceedings, we collect and process personal data about the parties (and their representatives). The procedure starts with an application, which includes the content provided by the AC rules at the BCCI, requiring the completion and provision of the specified data.
   
   The data is limited in quantity and is only those which is needed to identify you, to maintain contact with you, to call you in the relevant case and to serve us for the purposes of the relevant arbitration proceedings, such as names, PIN, address, telephone number, e-mail address, etc.
   
   In accordance with art. 46 of the AC Regulations at the BCCI, the chairman of the AC may authorize the publication in informational electronic programs of arbitral judgements, in respect of which the 3-month period under art. 48, para 1 International Commercial Arbitration Act. Publication cannot include the names of the parties and such data that may affect their interests. The President of the AC may exclude from publication any other information the disclosure of which is inappropriate.
   
   Notwithstanding the foregoing, if you consider that the published information contains data by which you can be identified and that identification violates your rights, you can object to this by mentioning the specific case and your request. You can submit the request to the AC Secretariat, as well as through the Data protection officer, in accordance with the BCCI procedure for examining the requests of data subjects.
   
   2.2. Information about the arbitrators in the arbitration proceedings before the AC at the BCCI
   We collect the following personal data about the arbitrators and candidates for arbitrators to the AC of BCCI: names, details of education, occupation/position, employment, professional qualifications, degree (title) and specialization, specialty, contact details and others, in order your identification, making and maintaining contact with you, as well as in view of your possible inclusion in the lists of arbitrators in domestic and international cases of the AC at the BCCI.
   
   The inclusion of arbitrators on the lists is carried out in accordance with the AC Regulations at the BCCI. These lists contain some of the personal data you provide, including only such data to orient the parties and to serve for selection of arbitrators for the respective proceedings.
   
   The lists of arbitrators from the BCCI website, section Arbitration Court https://www.bcci.bg are shared with each interested, in order to elect you as arbitrators in specific arbitration proceedings, with the same purpose the list of arbitrators for international disputes is also sent to the Bulgarian diplomatic, consular and commercial representations.
   
   If you find some of the information about you posted on these lists inappropriate or exceeding the purpose of processing (giving information to the parties about the identity of the arbitrator), please contact us by specifying the specific case.
   
   2.3. Information about the experts in the arbitration proceedings before the AC at the BCCI, for the secretary-stenographers, the witnesses, the translators
   We collect personal data, such as names, contact details, etc., and for experts and candidates of experts at the BCCI we collect also data for the field of expertise.
   
   The data is processed in order to identify, make and maintain contact with you, as well as to your possible inclusion in our list of experts (for experts); your summons to the case (for experts, interpreters), etc.
   Data of experts, secretary-stenographers, witnesses and translators are not shared with third parties outside the participants in the arbitration proceedings.
    
3. Video Recordings
   BCCI also collects data through security camcorders, available at the BCCI and AC's address at the BCCI, used for the purpose of safeguarding the court's assets, incl. the personal data administered by the BCCI and the AC at the BCCI. This data shall be kept for a limited minimum period of time and have strict access to them.
    
4. Cookies on the site
   The web site of the BCCI, part of which is the section for the Arbitration court, collects cookies. Cookies are information stored in your browser. They are used to preserve the settings and identifiers necessary for some of the services provided in our website. Cookies contain information to help BCCI improve the functionalities of the site. If you do not want us to do so, you can set up your browser by limiting cookies. You should keep in mind that the site may not function normally and reliably without some of them.
   
   The BCCI website has a built-in Google analytics. Google Analytics uses a set of cookies to collect information and to report website usage statistics without personally identifying individual visitors to Google. The main cookie used by Google analytics is "__ga";
   bcci_biskvitka – for a session when logging in the website of BCCI;
   BCCI uses "cookies" in the Oedipus, Editar and OTC systems, and you can get acquainted with the information about them in the cookie policy in the eleventh pub, Editar and OTC;
   "Third party Cookies" – Facebook, Twitter, YouTube may apply "cookies" to share content on social networks or to prepare access statistics. The availability, number and status of such cookies may depend on your use of these platforms before or during your visit to the BCCI website. We invite you to familiarize yourself with the policy of managing these social media cookies on their respective sites.
    
5. Protection measures
   The papers and copies of the documents you provide to us are used only in the specific proceedings, treated as confidential information and not shared with third parties outside the arbitration, who are entitled to access them.
   
   Access to the data shall have the respective arbitrators/arbitrator, expert, parties and staff of the AC Secretariat designated in the particular case in the framework of the operation of the arbitration.
   
   One of the main principles for arbitration production is "confidentiality". This information is therefore protected not only by the fact that some of the data contained herein are personal, but also because of the basic principles of arbitration.
   All participants in the arbitration proceedings (parties, arbitrators, experts, secretary-stenographer, witnesses, translators) observe confidentiality regarding the data they have become aware of in relation to the performance of their position/work. The staff of the AC secretariat shall be bound by a requirement to protect confidentiality and non-disclosure of personal data by means of a deliberate written document.
   
   Beyond the requirement of confidentiality, the BCCI has implemented data protection measures, both technical (data processing systems) and organizational (incl. but not limited to data protection policies, training of our employees), through which measures BCCI protects your privacy.
    
6. Retention periods
   The secretariat of the AC at the BCCI stores the completed cases over the course of 10 years from declaring the decisions and their definitions.
   
   At the end of that period, cases shall be destroyed, with the exception of the decisions and the reasons therefor, as well as the agreements concluded.
    
7. Your Rights
   You have the right to request access to your personal data at any time. You have the right to know what categories of personal data we process for you and what we use them for, how we store them; you are also entitled to receive information about the personal data undergoing processing and any available information about their origin, unless it is protected by law secrecy. To exercise your right of access, please send us a request for access. In the rare cases in which we cannot provide access to your personal data for a period not exceeding 1 month, we will give you the reasons.
   
   You also have the right to request that we correct any inaccuracies in your personal data. The request to access or update your personal data can be sent to: Sofia, 9 Iskar str., Secretariat of the AC at the BCCI.
   Outside of the above rights, you have the right to request::
   • to erase your personal data;
   • request the restriction of the processing of your personal data for a specified period of time;
   • object to the processing;
   • data portability.
   
   The rights listed depend on the specific reason why we process your personal data.
   
   In some cases we are obliged by law to store your personal data. In these cases, we will not be able to delete your personal data from our systems.
   
   We strive to always satisfy your requests when these requests are admissible and reasonable and to give you a response within the legal timeframe. In rare cases, it may be necessary to extend this period, but by no more than the permissible and maximum permitted period by law.
   
   If you believe that we violate your rights, you may contact us to check the matter.
   
   Right of Appeal:
   You also have the right to complain to the Commission for Personal Data Protection (CPDP) if you believe that we violate your guaranteed rights with the data protection legislation. Up-to-date information on how to exercise the right to complain to the CPDP can be accessed at: https://www.cpdp.bg -the site of the supervisory authority.
    
8. Update
   This notice is revised and updated by us on a regular basis in order to be as clear, accurate, and transparent and to spread our emerging changes (if necessary). We invite you to inquire about these changes through our site https://www.bcci.bg or by requesting information from each of our employees.

Date of last update: 20.03.2019