Money Laundering and Data Protection Policies
Morisons is committed to combatting money laundering and terrorist financing and it operates anti-money laundering (“AML”) policies, as required by the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017, the Proceeds of Crime Act 2002 and other relevant AML legislation (“Money Laundering Laws”) and by our regulator, The Law Society of Scotland.
Part of our AML policy is to obtain satisfactory evidence as to the identity of our clients (an “identity search”) BEFORE we can act on their behalf; this is evidence to show that you are who you say you are and that you live at the address where you say you live. Money Laundering Laws require us to carry out client verification checks when taking on new clients and subsequently and, where necessary, to establish the source of wealth and source of funds; to maintain relevant procedures and policies to prevent money laundering and terrorist financing and to ensure our staff are trained in how to comply with Money Laundering Laws.
If you do not or cannot supply us with the information we require for an identity search then we are unable to carry out any work for you. Such evidence must be obtained in respect of all parties for whom we act, including individuals and corporate bodies. We may verify your identity electronically using reference agencies to search sources of information relating to you (“e-verification”). This only checks your details on data sources such as the Electoral Register and will not affect your credit rating. In the case of a corporate body, we may conduct a search at Companies House, and carry out identity searches on one or more of your directors, and on any person, firm, company or other entity who or which is your controller or is beneficially entitled to 25% or more of your issued capital. We may periodically update such e-verification.
We are entitled to recharge to you any costs we incur in carrying out any identity searches and e-verification. We are also required to verify the source of funds passing through our hands, and the source of wealth which generated those funds. In these circumstances you accept that we are entitled to make such enquiries of you and/or others in order to satisfy ourselves as to the source of such funds, and of wealth, and you must provide us with the relevant information immediately on request.
We have a duty to report to the National Crime Agency (“NCA”) if we know or suspect money laundering and terrorist financing or that any funds or assets involved in a matter may have been made through criminal activity. This duty will take priority over the professional duty to keep your information confidential. It is an offence to tell someone that a report has been filed to NCA. If we make a report to NCA, we may need to obtain NCA approval before we can continue with your work and we will not be responsible for the effects of any delay or failure in continuing to work for you, or in terminating our engagement, which may occur as a result.
We are the data controller and data processor of personal information (“personal data”) about individuals who are our client or through whom we conduct any engagement with our client. We may use and process personal data for the purposes of preventing money laundering and terrorist financing, for providing legal services, for the administration of the business of Morisons (which may include but not be limited to billing, client management, archiving and conflict checks), for training purposes and for the marketing of our services (which may include but not be limited to sending our marketing materials, legal updates and invitations to events).
Morisons may authorise any independent contractor providing us with business services to process personal data of our clients for the purposes of those contractors providing their services to us. If you do not wish to receive marketing communications from us, then you should notify your contact at Morisons. Where Morisons acts as the data processor of personal data on behalf of a client, then it will only act on the instructions of the client in relation to that client’s personal data and Morisons will take appropriate and reasonable technical and organisational measures against the unauthorised or unlawful processing of personal data and against the accidental loss or destruction of, or damage to, personal data to ensure our compliance with the seventh data protection principle and will provide training to personnel who process personal data on our behalf. Morisons may hold personal data for the longer of (i) the period of continuing to act for our client and (ii) ten years after we cease acting for our client.
If you engage Morisons to work on your behalf, you will be giving your positive consent for Morisons to obtain, store and process information (including without limitation your personal data), as described above.< Back