Personal Data Protection

Information on the Processing of Personal Data and Related Rights pursuant to Articles 13 and 14 of Regulation (EU) 2016/679 of the European Parliament and of the Council (EU) (the “General Regulation”) and Section 8 of Act No. 110/2019 Coll., on the Processing of Personal Data

I. Who Is This Information Intended For?

This information is intended for the following categories of data subjects:

  1. Current, potential and former clients who have concluded or intend to conclude an agreement on the provision of legal services with our law firm, including persons for whose benefit the legal services are provided, and persons represented by an attorney acting on behalf of our firm (the “Client”);
  2. Persons whose signature is being attested by an attorney of our firm, or by a trainee attorney acting on behalf of our firm (the “Signatory”);
  3. Individuals whose personal data we process in connection with the provision of legal services to a Client, such as parties to contracts or opposing parties, persons connected to a case (such as witnesses or opposing counsel) (the “Third Parties”);
  4. Individual suppliers and service providers to the firm (the “Suppliers”);
  5. Job applicants or applicants for permanent cooperation with our firm (the “Applicants”) within the meaning of Section 15e et seq. of Act No. 85/1996 Coll., on Advocacy (the “Advocacy Act”);

Cooperating attorneys are provided with this information when entering into or updating a cooperation agreement; trainee attorneys and other employees of our firm are provided with this information upon entering into an employment contract.

II. Who Is the Controller Or Joint Controller Of Your Personal Data And How Can They Be Contacted?

The primary controller of your personal data is legeo.legal advokátní kancelář, s.r.o., Company ID No.: 291 33 441, with its registered office at Loretánské náměstí 109/3, 118 00 Prague 1 – Hradčany, registered in the Commercial Registry maintained by the Municipal Court in Prague, Section C, Insert 202840 (the “Firm”), on whose behalf or account legal services are provided by JUDr. Tomáš Ptáček, attorney registered under No. 10889, as its partner (the “Partners”).

The cooperating attorneys of the Firm are joint controllers of your personal data to the extent entrusted to them by the Firm for the purpose of carrying out the Firm’s activities and the provision of legal services. A current list of cooperating attorneys is provided below (the “Joint Controllers”). The cooperation agreement includes, among other provisions, obligations regarding mutual information sharing, proper transfer, storage, and disposal of personal data, compliance with the principles of processing, and personal data security and protection. Both the Partners and cooperating attorneys are regularly trained in data protection in accordance with the General Regulation. The Joint Controllers have agreed that the obligation to provide information pursuant to Articles 13 and 14 of the General Regulation shall be fulfilled by the Firm on its website.

The Joint Controllers may be contacted in all matters related to personal data and any rights mentioned below may be exercised in writing at the Firm’s registered office or via email at: ptacek@legeo.cz. These contact points can also be used to notify the Firm of any changes to your personal data.

This information does not apply to processing activities carried out by cooperating attorneys as independent controllers acting on their own behalf and responsibility, including the authentication of signatures.

III. What Personal Data Do We Collect and Process, and From What Sources?

Concerning Clients, we collect and process all personal data necessary for the conclusion and, in particular, for the performance of the agreement on the provision of legal services or for legal representation by an attorney, as well as for client due diligence in accordance with Act No. 253/2008 Coll., on Certain Measures Against Money Laundering and Terrorist Financing (the “AML Act”). This includes: identification data (including the number and type of identification document and information regarding the client’s connection to a particular country), contact details and address data, data relating to the subject matter of the legal services (such as data on property, its origin and acquisition, financial situation, family relationships, children, etc.), in certain cases, to a limited extent, special categories of personal data (e.g., data concerning health), processed pursuant to the exemption under Article 9(2)(f) of the General Regulation (processing necessary for the establishment, exercise or defence of legal claims). We obtain client data directly from the clients, from public registers, court files, and third parties connected to the legal matter (e.g., witnesses, opposing parties, etc.).

Concerning Signatories, we collect and process data pursuant to Sections 25a and 25b of the Advocacy Act and the Resolution of the Board of the Czech Bar Association on the Statement of the Authenticity of Signature made by an attorney, recorded in the book of declarations. This includes: name and surname, place of residence or stay, date and place of birth, identification document number and type, and the issuing authority, signature, location of the signatory at the time of attestation, information on the signatory’s connection to a specific country. Such data are obtained directly from the signatories, from their identification documents, or from their statements.

Concerning Third Parties, we process all personal data relating to third parties that we obtain directly from them or from any other person or authority, or from public registers, in connection with the provision of legal services to a client, and which, in our judgment, are necessary for the provision of such services. If required under the AML Act, we may also request additional data for verification purposes (e.g., in the context of an escrow arrangement). No further information regarding the processing of such data, including whether any data is processed at all, can be provided due to the duty of confidentiality imposed on attorneys. The rights referred to in Section 8, items 1 to 7 below, do not apply to third parties, as their exercise could result in a breach of the attorney’s duty of confidentiality under the Advocacy Act, harm to the clients, or thwarting the purpose of legal representation.

Concerning Suppliers, we collect and process data necessary for the conclusion and performance of supply agreements, including: identification data, address data, payment details, and contact details. These data are obtained directly from the suppliers or from public registers.

Concerning Applicants, we collect and process all data related to the performance of work or provision of legal services that we receive from applicants through their curriculum vitae, written communication, and personal interviews, and which are necessary to assess whether to enter into an employment contract or a cooperation agreement. These include in particular: identification data, address and contact details, data on educational attainment, professional and employment experience, etc.

IV. For What Purposes and On What Legal Basis Do We Process Your Personal Data?

We process the personal data of Clients, Signatories, Suppliers and Applicants primarily for the purpose of concluding and performing the relevant contract (i.e., an agreement on the provision of legal services and legal representation, a declaration of authenticity of signature, a supply contract, an employment or cooperation agreement). The legal basis for such processing is: the performance of a contract to which the data subject is party, or the taking of steps at the request of the data subject prior to entering into a contract, pursuant to Article 6(1)(b) of the General Regulation.

We process the personal data of Third Parties in the course of providing legal services to Clients for the purpose of fulfilling the Client’s legitimate interests. The legal basis for this processing is the legitimate interests pursued by a third party (i.e., the Client), pursuant to Article 6(1)(f) of the General Regulation.

We also process the personal data of all categories of data subjects where necessary to comply with legal obligations to which the Firm or the Joint Controllers are subject, in particular under the Advocacy Act and related resolutions of the Czech Bar Association (e.g., documentation requirements for legal services), the AML Act (e.g., client identification and due diligence obligations), other legal provisions (e.g., record-keeping and archiving obligations). The legal basis for this processing is compliance with a legal obligation, pursuant to Article 6(1)(c) of the General Regulation.

Furthermore, we may process personal data for the purposes of legitimate interests pursued by the Firm or the Joint Controllers. This includes: the processing of essential personal data of all categories of data subjects necessary for the establishment, exercise or defence of legal claims in the event of disputes arising from contracts, to the extent such claims may arise before the expiration of the retention periods described in Section 6 below; the processing of Clients’ basic contact details (name, surname, and email address) for the purpose of direct marketing, specifically to send commercial communications such as updates on legislative developments relevant to their legal matters.

V. To Whom May the Joint Controllers Disclose Your Personal Data?

The Joint Controllers process your personal data primarily themselves or via employees of the Firm. However, they may disclose your personal data to the following recipients:

  1. Selected processors involved in the performance of agreements for the provision of legal services, supply agreements, recruitment of employees, or the operation of the Firm (or providers of related services), who process your personal data on the instructions of the Firm or the Joint Controllers (for example, network administrators, providers of record-keeping or administrative services, etc.);
  2. Other controllers for the purposes of providing a separate, specific service agreed with the Firm or the Joint Controllers (for example, notaries, accountants, tax advisors, or other consultants of the Firm or the Joint Controllers, or another attorney with the necessary specialization).;
  3. In fulfilment of legal obligations, primarily to public authorities, but only to the extent that the duty of confidentiality imposed on the Firm or the Joint Controllers does not apply (the “Recipients”)

Personal data is not disclosed to third parties from countries outside the EU and the EEA.

VI. How Long Do We Process Your Personal Data? (Retention Periods)

Personal data of Clients and Third Parties processed in connection with the provision of legal services to Clients are generally retained and stored as part of legal service documentation and client files in accordance with the Advocacy Act and relevant implementing resolutions of the Czech Bar Association for a period of five years from the date legal services are terminated.

Documents created in connection with the administration of a Client’s assets pursuant to Section 56 et seq. of the Advocacy Act (in particular cash, securities, or other assets) are retained in accordance with the Advocacy Act and related implementing resolutions of the Czech Bar Association for a period of ten years from the end of such administration.

Personal data processed pursuant to the AML Act are retained for ten years from the execution of the transaction or from the termination of the business relationship with the Client (with the retention period commencing on the first day of the following calendar year)

Personal data contained in accounting or tax documents are processed and retained for three, five, or ten years in accordance with the relevant legislation and the purposes for which they are kept, unless a longer retention period is required under other provisions described above.

Where no employment contract or long-term cooperation agreement is concluded with an Applicant, their personal data will be deleted no later than three months from the conclusion of negotiations, with the exception of basic data retained for the purpose of defending legal claims as set out in the final paragraph of Section 4 above.

If an objection to processing based on the Joint Controllers’ legitimate interests is upheld, the relevant personal data will cease to be processed no later than one month from the date of notification of the decision to uphold the objection. Processing of personal data for the purposes of direct marketing will also cease no later than one month from the receipt of the Client’s request to stop such processing, pursuant to Section 7 of Act No. 480/2004 Coll., on Certain Information Society Services.

For the purpose of defending legal claims of the Firm or Joint Controllers in the event of disputes with Clients, Applicants, Suppliers or Signatories, or in connection with personal data processing itself, the Firm and/or the Joint Controllers may retain the necessary data for a maximum period of one year after the expiry of all applicable limitation periods arising from contracts, pre-contractual negotiations, or related to the processing, to the extent such periods exceed the retention periods specified above.

VII. How Do We Process Your Personal Data?

Your personal data are processed both manually and by automated means, using modern technologies. No automated individual decision-making, including profiling, takes place in the course of processing your personal data.

VIII. What Are Your Rights in Relation To The Processing Of Personal Data?

In connection with the processing of your personal data, you have the following rights:

  1. Right of access: You have the right to obtain confirmation as to whether or not personal data concerning you are being processed, and, where that is the case, access to such personal data and related information, including the purposes of processing, the categories of data concerned, the recipients, the envisaged storage period, and your rights. You have the right to obtain a copy of the personal data undergoing processing. The first copy is provided free of charge; any additional copies may be subject to a reasonable administrative fee;
  2. Right to rectification: You have the right to request the Joint Controllers to rectify or complete personal data that you believe to be inaccurate or incomplete;
  3. Right to restriction of processing: You have the right to obtain restriction of processing, in particular for the duration of any dispute regarding the data (e.g., concerning accuracy, an objection, or a request for restriction or for the data to be retained for the establishment, exercise or defence of legal claims). During such a restriction, your data will only be stored. Further processing may occur only with your consent, or for the establishment, exercise or defence of legal claims, protection of the rights of another person, or reasons of important public interest;
  4. Right to erasure (right to be forgotten): You have the right to request that the Joint Controllers erase your personal data where one of the conditions set out in the General Regulation is met, for example: the data are no longer necessary for the purposes for which they were collected, you withdraw your consent (where processing is based on consent) and there is no other legal ground for the processing, you have successfully objected to processing, the processing is unlawful, or erasure is required to comply with a legal obligation;
  5. Right to object: Where your personal data are processed based on the legitimate interests of the Joint Controllers (e.g., direct marketing, property protection, or legal defence), you have the right to object to such processing. Upon objection, the Joint Controllers shall cease processing the data unless they demonstrate compelling legitimate grounds which override your interests, rights and freedoms. In the case of an objection to direct marketing, processing shall cease without further review;
  6. Right to data portability: Where your personal data are processed by automated means based on your consent or for the performance of a contract, you have the right to receive such data in a structured, commonly used and machine-readable format, and – where technically feasible – the right to have them transmitted to another controller;
  7. Right to lodge a complaint: You have the right to lodge a complaint with the supervisory authority – the Office for Personal Data Protection, Pplk. Sochora 27, 170 00 Prague 7, Czech Republic, uoou.cz.
 

Attorneys cooperating with legeo.legal advokátní kancelář, s.r.o.

Mgr. Jan Němec, attorney-at-law, registration No. 19294

Mgr. Kateřina Růžičková, attorney-at-law, registration No. 14082

Currently of counsel:

Mgr. Kamila Dosedělová, attorney-at-law, registration No. 17560

Mgr. Eliška Grulich Popelková, attorney-at-law, registration No. 16976