Intake Form
Definition and origin of the term Intake Form
The ‘Intake Form’ (German: Aufnahmeformular, Erfassungsbogen, or Anmeldeformular) is a term commonly used in the international law firm context for a form that serves to systematically record basic information from new clients, case inquiries, or contacts. The term comes from English, where ‘intake’ can be translated as ‘admission’, ‘entry’, or ‘access’. In the law firm environment, ‘form’ refers to a structured questionnaire used for standardized data collection.
Significance in the law firm context
In daily practice, the Intake Form is a central tool for initial contact. It enables the law firm to systematically collect initial information about individuals, concerns, legal situations, or companies that are seeking advice. The structured collection of this information forms the basis for assessing whether and how the matter can be further processed. The Intake Form thus contributes to efficient communication, systematic case handling, and quality assurance. It also supports the prioritization and allocation of inquiries within the law firm.
Typische Inhalte einer Intake Form
Personal contact details (name, address, telephone number, e-mail address) Company details (if relevant) Description of the matter or facts Requested services or area of advice Details on previous course of events (e.g. deadlines, preliminary proceedings) Confidentiality notices and data protection information
General conditions
Legal aspects
When filling out and processing an Intake Form, data protection regulations must be observed. In many countries, depending on the location of the law firm, national or international data protection laws such as the General Data Protection Regulation (GDPR) in Europe apply. The secure and confidential handling of all data contained in an Intake Form is obligatory.
Organizational requirements
The Intake Form should be clearly structured and easy to understand to ensure high data quality and efficient further processing. In digitized law firms, Intake Forms are often provided via web forms, client portals, or specialized application software. In some cases, a paper version may also be used, especially during the initial contact on site.
Cultural aspects
In internationally active law firms, the Intake Form can be offered or adapted in multiple languages to take into account the cultural and linguistic background of clients. The querying of specific information may also be handled differently depending on cultural practices.
Practical examples and typical scenarios
Initial consultation: A person contacts the law firm with an inquiry. The most important information is gathered using the Intake Form before the first meeting to specifically prepare for the concern. Mandate acquisition: Before starting a collaboration, all relevant general conditions and contact details are requested and recorded via the Intake Form. Case transfer: When a case is handed over to a colleague, the Intake Form ensures a complete and comprehensible documentation of the initial situation. Conflict check: The Intake Form can be used to collect relevant data to automatically check for conflicts of interest.
Differences from similar terms and possible misunderstandings
The Intake Form differs from other forms in the law firm context, such as the mandate agreement or the admission form for existing mandates: The Intake Form is generally used at the start of the contact, whereas mandate agreements are only used after acceptance of the mandate. Unlike document upload forms or general contact forms, the Intake Form is specifically designed for structured information collection for new matters.
* Frequent misunderstandings occur when the Intake Form is confused with subsequent documents that inquire about more specific or detailed content.
Frequently asked questions
What is the purpose of an Intake Form in a law firm? The Intake Form serves to systematically collect basic information from new clients or interested parties to enable structured processing and internal review.Do Intake Forms always have to be filled out digitally? No, Intake Forms can be provided and completed both in paper form and digitally. However, digitization is increasingly used to simplify data processing.Are Intake Forms mandatory? Whether the use of an Intake Form is mandatory depends on the individual law firm’s organization and internal requirements. Many law firms use Intake Forms as best practice in the intake process.What data protection requirements apply to Intake Forms? Processing of data provided in the Intake Form is subject to the relevant data protection laws and should be conducted in a secure, confidential, and transparent manner.Can the Intake Form be adapted to country- or culture-specific requirements? Yes, Intake Forms are frequently adapted to the respective linguistic, cultural, or industry-specific features.
The Intake Form is therefore a central component of many internationally active law firms, contributing to structured client intake as well as to quality assurance and compliance with legal requirements. For applicants and career starters, understanding this term provides valuable orientation in day-to-day professional practice.
Frequently asked questions
What legal requirements must an Intake Form meet regarding data protection?
An Intake Form, i.e., a questionnaire for the collection of personal data, is subject to strict data protection requirements, particularly under the General Data Protection Regulation (GDPR). Particular attention must be paid to Article 5 GDPR, according to which the collection of personal data may only take place for a specific purpose, under the principle of data minimization and by ensuring transparency. Controllers must inform about processing activities (Art. 13 GDPR), especially regarding the purpose, legal basis of data processing, retention periods, recipient groups, and data subject rights. For sensitive data (e.g., health data under Art. 9 GDPR), stricter legal requirements apply, such as the explicit consent of the data subject. Controllers are obliged to implement technical and organizational measures under Art. 32 GDPR to protect the data, e.g., through encryption or access controls.
When is consent legally required for an Intake Form?
Consent is always required if no other legal basis pursuant to Art. 6(1) GDPR legitimizes data processing. Many Intake Forms collect personal data without legal obligation or direct contractual relationship, for example as part of contacting service providers or in healthcare. Consent must be obtained voluntarily, in an informed, unambiguous, and demonstrable manner. Special attention is required when collecting special categories of data under Art. 9 GDPR, as explicit consent (Art. 9(2)(a) GDPR) or another exception is generally necessary in these cases. The wording of the consent declaration and the documentation of when and how consent was given must be recorded.
How long may personal data from Intake Forms be stored?
The storage period for personal data collected via an Intake Form depends on the purpose of the data collection. According to Art. 5(1)(e) GDPR (‘storage limitation’), the data must be deleted as soon as the purpose is fulfilled and there are no legal retention requirements. In many cases, such as in healthcare or with legal documents, additional statutory periods (e.g., under § 630f BGB, § 147 AO) must be observed. Controllers must therefore schedule regular reviews and, if necessary, deletion of Intake Form data in their deletion protocols and inform the data subjects accordingly.
What information obligations exist when using an Intake Form?
Controllers are required to provide data subjects, at the time of data collection, with all information required under Art. 13 GDPR. This includes, among other things, the name and contact details of the controller and, if applicable, the data protection officer, the purpose and legal basis of the data processing, the retention period, the rights of the data subject, the right to lodge a complaint with a supervisory authority, as well as, if applicable, information on automated decision-making. This information must be provided in a precise, transparent, comprehensible, and easily accessible form, such as in a separate data protection notice that can be viewed before submitting the Intake Form.
Do Intake Forms have to be accessible?
Legally, it must be considered that Intake Forms should be designed to allow participation without discrimination for people with disabilities. Under § 12 BGG (Equal Opportunities for Persons with Disabilities Act), especially public bodies are required to provide digital services in an accessible manner. Although this obligation does not generally apply to private companies, further requirements may arise depending on the area of application (e.g., Telemedicine Act, AGG), or at least a barrier-reduced design is advisable with respect to anti-discrimination laws to avoid legal risks.
Who is responsible for data protection compliance when using a third-party Intake Form?
When collecting personal data via a third-party Intake Form (e.g., cloud provider), responsibility under Art. 4 No. 7 and 28 GDPR must be differentiated: If the provider acts as a processor, a data processing agreement (DPA) that regulates rights and obligations must be in place. In the case of joint controllership in accordance with Art. 26 GDPR, for example, when both parties decide on the purposes and means of processing, an agreement on joint responsibility must be concluded. Responsibility for the lawfulness of data processing remains, in any case, with the entity using the Intake Form for the purpose of data collection.
What particular duties of care apply when handling Intake Forms pertaining to minors?
The collection of personal data from children and adolescents via Intake Forms is especially sensitive with regard to Art. 8 GDPR. For information society services, effective consent from the legal guardians must be obtained if the child has not yet reached the age of sixteen (or a lower age as stipulated nationally, but at least 13 years old). The verifiability of consent and child-appropriate explanation of data processing must be ensured. Special protective measures and a strict data minimization obligation must also be observed to ensure the higher level of protection required for minors.