GDPR
General Data Protection Regulation

Dear clients,
We are honored and pleased that you have chosen our law office as your provider of legal services.
In order to be able to provide you with legal services properly, we process your personal data to the necessary extent. In accordance with the new European regulation on the protection of personal data, best known under the GDPR abbreviation, we would hereby like to provide you with detailed information regarding the manner in which we handle your personal information. You shall find the information below. Please, take a few minutes to read through the information.

Should you have any questions, do not hesitate contact us via the following email address: gdpr@ak-rp.cz. Thank you.

Informational document on the processing of personal data

Robert Plicka, Law Office, ID No.: 01393448, with its registered office at Národní 58/32, 110 00 Prague 1, registration number of the attorney-at-law with the Czech Bar Association: 14849 (hereinafter the “Counsel”) as the controller of personal data hereby informs its clients (hereinafter the “client”) to whom it provides legal services (hereinafter the “Services”) about the processing of their personal data in accordance with valid legislation regulating the protection of personal data, particularly with Regulation of the European Parliament and the Council (EU) No. 2016/679 dated April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter the “Regulation”).

As part of fulfilling its contractual, professional and statutory obligations in accordance with the Regulation, the Counsel is entitled to process personal data of its clients for the purposes specified below to the corresponding extent and for a period necessary to do so.

Contact details of the Counsel

Correspondence address: Národní 58/32, Prague 1 – Nové Město, Postal Code: 110 00
Phone No.: +420 212 344 444
E-mail: gdpr@ak-rp.cz
Contact persons: Mgr. Robert Plicka, address: Národní 58/32, Prague 1 – Nové Město, 110 00

 

1. Legal basis for the processing of personal data

The legal basis for the processing of personal data of the client is based within the meaning of the Regulation, particularly on the provision of Article 6 par. 1 of the Regulation:

  1. letter a) if the client has given consent to the processing of his or her personal data for one or more specific purposes; or
  2. letter b) if the processing is necessary for the performance of a contract to which the client is party or in order to take steps at the request of the client prior to entering into an agreement (i.e. for the purposes of properly providing legal services by the Counsel to the client); or
  3. letter c) if the processing is necessary for compliance with a legal obligation to which the Counsel is subject; or
  4. letter d) if the processing is necessary in order to protect the vital interests of the client or of another natural person; or
  5. letter e) if the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the Counsel; or
  6. letter f) if the processing is necessary for the purposes of the legitimate interest pursued by the Counsel or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the client which require protection of personal data.

2. Purpose of the processing of personal data

  1. provision of legal services in accordance of Act No. 85/1996 Coll., on advocacy services, mainly consisting in the provision of legal consultancy, representation of the client in proceedings in front of the courts of the Czech Republic, compilation of documents and motions, processing of legal analyses of cases and matters, negotiations with counterparties, and potentially also other forms of legal assistance, which were agreed upon in any provable form between the Counsel and the client, i.e. on the basis of an agreement on the provision of legal services, or potentially based on an instruction given by the client and accepted by the Counsel (hereinafter the “Agreement”).
  2. legitimate interest of the Counsel arising from the Agreement.

3. Extent of the processed personal data

For the purposes specified in paragraph 2, the client (natural person) provides his/her personal data in the extent of first name, surname, contact details (phone number, correspondence address and/or address of permanent residence, email address), date of birth, birth identification number and ID number and Tax ID number in the case of entrepreneurs (natural persons). Should there be such need and on the basis of a special consent, the client further provides a copy of his/her identification card or passport. If the client is a legal entity, it shall provide personal data in the extent of title, first name, surname, email and phone number of a statutory representative or other contact person, or potentially an employee or employees. In some cases and if it is necessary for the fulfillment of purposes specified id paragraph 2 above, the client provides the Counsel with personal data necessary for the purposes of determining and verifying the identity of the client or a person which represents the client (if the client is a legal entity), i.e. first name, surname, birth identification number, and if not appointed – date of birth, place of birth, address of permanent or other type of residence, citizenship, business name, differentiating appendix or other designation, place of conducting business and ID number of a person in case of an entrepreneur (natural person).

4. Period of the processing of personal data

The Counsel processes personal data of the client for the duration of the Agreement, while the personal data shall be handled in accordance with valid legislation after its termination, particularly in accordance with Act No. 85/1996 Coll., on advocacy services, Act No. 499/2004 Coll., on the bookkeeping and archiving services, and the Regulation.

5. Manner and principles of processing the personal data, instruction regarding the client’s rights

The Counsel is entitled to process the personal data in a manual or automated manner through its authorized employees. The Counsel is obliged to maintain confidentiality of all personal data and facts which the Counsel had learnt while providing legal services to the client. The Counsel is, however, not bound by confidentiality towards its employees to whom the Counsel provides information for the purposes of performing its or their activities. The Counsel declares that the employees of the Counsel and/or associate attorneys-at-law of the Counsel are bound by confidentiality on the basis of employment or similar agreements. The Counsel may only be released from the obligation to maintain confidentiality by the client or on the basis of a requirement specified in valid and effective legislation.

The personal data of the client are maintained within secured databases of the Counsel. The Counsel declares that all the processing of the client’s personal data or their necessary handover shall be performed fully in regard to the privacy of the client and in accordance with valid legislation, particularly the valid legislation regulating the protection of personal data and in accordance with legal and professional regulations applicable to the activities of an attorney-at-law.

6. Right to the access, rectification, restriction or deletion (erasure) of personal data

The client is entitled to acquire from the Counsel whether his/her personal data are or are not processed and to which extent (right to access). If the Counsel processes personal data of the client, such client is entitled to receive from the Counsel information regarding the processed personal data free of charge. For any further information regarding the processing of personal data, the client may be charged by the Counsel in the form of an adequate fee corresponding to administrative costs of resolving such requests. The client is further entitled to have any of his/her incorrect personal data rectified or any of his/her incomplete personal data completed with regard to the purposes of the processing, also in the form of providing additional declaration.

The client is also entitled to restrict the processing of his/her personal data in any of the following cases:

  1. the client contests the accuracy of the personal data – in such a case, the restriction shall only apply to a period enabling the Counsel to verify the accuracy of the given personal data;
  2. the personal data are processed without sufficient legal grounds;
  3. the client refuses the erasure of personal data and instead requests the restriction of their use;
  4. the personal data are no longer needed for the given purpose of processing, yet the client needs them for the determination, enforcement or defense of his/her legal claims; or
  5. the client exercised his/her right to submit an objection against the processing – in such case the processing shall be restricted until it is verified whether the legitimate reasons of the Counsel prevail over the legitimate reasons of the client.

Without undue delay, the Counsel shall erase (delete) the client’s personal data in any of the following cases:

  1. the personal data are no longer necessary to the purposes for which they were collected or otherwise processed;
  2. the client withdraws his/her consent on which the processing is based, provided there is no other legal ground for the processing at the same time;
  3. the client exercises his/her right to submit an objection against the processing and it is realized that there are no prevailing legitimate reasons for their processing in existence;
  4. the personal data shall be deleted in order to fulfil a legal obligation determined by the legislation of the European Union or the Czech Republic.

The above specified conditions for the obligatory erasure of personal data shall not apply if the processing of the client’s personal data is necessary:

  1. for the determination, enforcement or defense of legal claims;
  2. for the exercise of the right to free speech and information;
  3. for the purposes of fulfilling legal obligations which require the processing in accordance with the law of the European Union or any of its member states;
  4. which applies to controller or for the purposes of fulfilling a task performed in public interest; or
  5. when performing public authority which had been assigned to the controller;
  6. for the reasons of public interest in the field of public health under the GDPR;
  7. for the purposes of archiving in the public interest, for the purposes of scientific or historic research; or
  8. for the statistical purposes under the GDPR, provided that it is probably that the right to erasure would prevent or seriously endanger the fulfillment of the aims of the given processing.

7. Right to portability of personal data

The client is entitled to acquire his or her personal data which he or she had provided to the Counsel and which are processed in an automated manner, if one of the following conditions is met at the same time:

  1. the personal data are being processed for a specific reason or reasons on the basis of the client’s consent;
  2. this is a special category of personal data processed for one or more specified reasons on the basis of an expressed consent provided by the client;
  3. the processing of personal data is necessary for the fulfilment of an agreement to which the client is a party, or for the purposes of performing measures adopted prior to the conclusion of the agreement on the basis of the client’s request.

The Counsel shall provide the personal data to the client in a commonly used and machine-readable format. The client is entitled to hand the acquired personal data to another controller of personal data.

8. The right to submit an objection

If the personal data are being processed on the basis of a legal title of a legitimate interest of the Counsel, the client is entitled to submit an objection against the processing of his/her personal data on the basis of reasons which shall be specified in the objection. When the Counsel receives an objection, the personal data shall be ceased to be processed (the Counsel shall only maintain the personal data stored) and perform the determination whether there are serious legitimate reasons for the processing which prevail over the interest or rights and freedoms of the client, or for the determination, enforcement and defense of legal claims. If the Counsel reaches the conclusion that there are such reasons, it shall inform the client of such conclusion and provide him/her with further options of his/her defense, and shall resume the processing of the personal data. However, if the Counsel reaches the conclusion that there are no such sufficient reasons for the processing, it shall inform the client of such conclusion, terminate the processing and perform the erasure of the personal data.

9. Resolution of the requests of clients exercising their rights towards the Counsel

In relation to the processing of personal data, the client is entitled to exercise the rights specified above in Article 5 against the Counsel, namely in writing to the correspondence address of the Counsel specified above in this informational document. The Counsel shall inform the client regarding any measures adopted on the basis of the client’s request within one month upon the delivery of the given request, but no longer than within 3 months upon the delivery of the given request if the period had been prolonged on the basis of justified needs. The client is further entitled to submit the complaint in the matter of the processing of his/her personal data to the Office for Personal Data Protection, namely via an email address posta@uoou.cz, via a data box: qkbaa2n; by phone on the following number: +420 234 665 111 or in writing to the address of Pplk. Sochora 27, 170 00 Prague 7, or to any other relevant supervisory authority in relation to the processing of personal data.

10. Recipients of personal data

Under the conditions specified in valid legislation, the Counsel is entitled to hand the client’s personal data for the purposes of further processing to subjects (recipients) who/which process the personal data expressly for the purposes of performing the activity to which the Counsel was authorized and mainly on the basis of the agreement on the processing of personal data and/or for the purposes of fulfilling legal or contractual obligations imposed on the Counsel and/or on the basis of the consent to the processing of personal data granted to the Counsel by the client and/or on the basis of a legitimate interest of the Counsel. Such recipients particularly include associate attorneys-at-law of the Counsel, providers of accounting, tax and informational services and of communication systems (such as IT services) and legal representatives of the Counsel.