1. Introduction
This note explains some of the key legal issues/requirements of which we have been made aware during our drafting of the legal notices for the new CMS Website. It is non-exhaustive and we have only included points relevant to the way in which we have been informed that the Website will function. Please let us know if and when it is intended that the functionality of the Website will change so that we can update our advice.
2. Cookies
2.1 Due to the legal requirements of Italy, the following options in the Google Analytics settings must be disabled:
2.1.1 Google Products and Services;
2.1.2 Benchmark; and
2.1.3 Account Specialists (see: https://support.google.com/analytics/answer/1011397?HL=EN).
2.2 The IP Masking option must also be enabled (see: https://support.google.com/analytics/answer/2905384?HL=EN).
3. Data Sharing
Wording referencing user data sharing has been included in the Privacy Policy. This it to allow for some flexibility in relation to the future use of the Website. We understand that it is not currently envisaged that user/client data will be shared between countries in connection with the Website. Furthermore, we have been advised that any such sharing of user/client data is likely to trigger significant legal issues in multiple jurisdictions. As such, no sharing of user/client data in connection with the Website should take place until legal advice has been obtained from the jurisdictions involved in the sharing.
4. Data Collection
In some countries, strict local law legal requirements mean that we must not collect data from visitors based in these jurisdictions via the Website. This means that we cannot have contact forms on the following country pages:
5. Croatia/Slovenia Bar Rules
There are strict rules in these countries in relation to law firm websites. For example, it is prohibited to mention the cooperation of a Slovenian/Croatian attorney/law office with a foreign law office (i.e. any page content with the presentation of individual Slovenian/Croatian attorneys in relation to CMS may be in breach of the bar rules). We understand that individual lawyers can be targeted by the relevant bar associations in the event that these rules are breached.
To minimise the impact of these restrictions we have agreed with Gregor Famira that, for Slovenia, Gregor will be the only lawyer featured on the Slovenia pages of the Website. No other lawyers must be profiled on these pages. For Croatia, we have agreed to use cookies to ensure that the Croatia pages are not visible within Croatia.
6. Morocco
Official registrations are required with the data protection authorities in Morocco. CMS Morocco is responsible for arranging these.
7. Final Review
We recommend that the “final form” documents are distributed to all relevant countries for one last review before translations are completed.
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