General Framework
Total Trust units provide intelligence and consultancy services, abiding by the laws that define these business areas in Romania and in all those jurisdictions where operations are undertaken.
The relationship between Total Trust and its customers always develops within the boundaries set by a written contract, as an agreement that precedes any form of investigation performed by Total Trust. The contract is defined as a written agreement, with Total Trust unit as the provider of services and the customer willing to abide by the terms, in legal, technical and financial approaches.
Any contract between one of the Total Trust units and its customers develops under the provisions of the Romanian Law, with terms and legal disputes to be addressed by courts in Bucharest. Services and requirements not defined via specific clauses in the contract must be added through additional agreements and paperwork before execution.
Special legal provisions
The general framework confines any contract between Total Trust units and its customers to the Romanian legislation. The Romanian special legislation, Law 329 / 2003 concerning the private investigations area comes to add particular provisions for the execution of investigation activities. According to the before mentioned law, the private investigation activities are to be performed under the special supervision of the national authority – The Romanian Police.
The law grants to investigators both rights and duties. Among rights, investigators are entitled to appeal to public authorities for data on persons and properties, within the limits of privacy set by the fundamental constitutional rights.
Total Trust units do not undertake activities forbidden by the existing legal provisions and do not enter agreements and contracts overpassing such legal boundaries – the means used to acquire and process data and information are always legally defined.
The customer is to understand that the intelligence provided by Total Trust units is the result of investigations or consultancy activities, with the uncertainty level established as the unilateral result of an assessment process. Therefore, the results provided by Total Trust units are to be conceived as the product of diligence and best efforts.
The pieces of evidence provided by Total Trust units are to be used in court, invoked as legal proofs only with the agreement of Total Trust.
GDPR
The contract grants Total Trust units the right to use customer’s or customer’s employees personal data, if data are needed to execute the contract. Total Trust units are not responsible for informing the customer’s employees on privacy policies or on the processing of personal data, in those scenarios when the customer’s employees are under investigation.
Total Trust units provide consultancy services for customers to define their legitimate interest in performing investigation activities on persons – employees. The responsibility for providing the documentation and the reasoning supporting the need for investigation belongs to the customer. Total Trust recommendations usually address:
- The existence of reasonable suspicions concerning the activities of an employee to be investigated;
- The existence of suspicions based on documented facts;
- The lack of less intrusive means to perform the background check of an employee;
- The adoption of reasonable means to investigate the employee, weighing in employee’s rights and duties.