Here you can find legal information.
1. General Information
Legal services in the Czech Republic are provided by Schoultz & Partners, advokátní kancelář s.r.o., ID Business No.: 24791261, registered in the Commercial Register maintained by the Municipal Court in Prague, File No.: C 174546, having its registered office at Pařížská 204/21, Prague 1, Postal Code 110 00 (the Law Firm).
Notice to Clients – Consumers:
On 5 February 2016, the Czech Bar Association was authorized by the Ministry of Industry and Trade of the Czech Republic to settle out-of-court settlement of consumer disputes in the area of disputes between lawyer and consumer under Agreements on Provision of Legal Services (on the basis of Act No. 634/1992 Coll., on Consumer Protection, as amended). The website of this authority is www.cak.cz.
2. Electronic Communication
When communicating electronically via e-mail, the information contained in the message is not encoded. For this reason, we recommend that users do not send any information that they consider personal, sensitive, confidential, or which are protected by law or in the interests of confidentiality. E-mails sent by the Law Firm and/or by individuals are intended only for a specific addressee(s) and may, of course, contain sensitive and confidential information, including personal data. If you have received an e-mail sent by the Law Firm and/or by individuals in error, please contact us immediately.
Electronic communication may be susceptible to data corruption, delay, unauthorized attachments or computer viruses. The Law Firm does not accept liability for any such corruption, delay, unauthorized attachments, viruses or any consequences therefrom. Specific legal issues may arise when using e-mail to communicate between a client and a lawyer. If you would like additional information about the implications of communicating by e-mail, please contact us. The Law Firm assumes that anyone who communicates with us by e-mail accepts risks arising from it.
3. Information for Consumers
The Law Firm always provides the client as a consumer with information about the price of legal services or the method of its determination before commencing the provision of services to the consumer so that the price corresponds to mutually agreed conditions. Information on the price of legal services forms also an integral part of the agreement on provision of legal services to the consumer, which the Law Firm concludes with the consumer before the actual provision of legal services. The amount of the Law Firm’s remuneration is thus determined on the basis of an individual agreement, taking into account the needs and possibilities of the consumer, as well as taking into account the time, professional, language demands and value of the case. According to the agreement with the consumer, the Law Firm’s remuneration can be agreed as an hourly contractual remuneration, a fixed amount remuneration for a specific legal act, a lump sum or a share remuneration.
Principles of Personal Data Processing
This document summarises principles of personal data processing by Schoultz & Partners, advokátní kancelář s.r.o., as well as information about your rights to such processed personal data and options for exercising them.
1. Identification of Personal Data Controller
Schoultz & Partners, advokátní kancelář s.r.o., ID Business No.: 24791261, having its registered office at Pařížská 204/21, Prague 1, Postal Code 110 00, E-mail: firstname.lastname@example.org, phone No.: +420 226 232 100 (the Law Firm).
The controllers of the personal data are also attorneys who concluded a permanent co-operation agreement with the Law Firm. The attorneys and the Law Firm share personal data in connection with provision of legal services by the attorneys to the Law Firm. Data are shared between the attorneys and the Law Firm always only in the necessary extent, in accordance with these principles and a contract on personal data sharing concluded between the attorneys and the Law Firm.
2. Processed Personal Data and Their Sources
Personal data are all information about an identified or identifiable individual. The following personal data could be processed as a part of our activities:
- Identification data, in particular first name, surname, title, date of birth or birth number, Business ID number, Tax ID number, number of identification documents;
- Contact details, in particular telephone number, e-mail address, address, bank details;
- Data in connection with an employment relationship and recruitment for a position at the Law Firm, including our mutual correspondence;
- Data obtained in connection with the provision of individual legal services, including related communication;
- Recordings from security cameras at the Law Firm’s registered office;
- Other data obtained based on your consent.
We obtain your personal data directly from you, as data subjects, from our clients, counterparties or other third parties (courts, state authorities) in connection with provision of legal services or related activity of the Law Firm. We also obtain personal data from publicly accessible sources.
3. Legal Grounds for Processing and Purpose of Processing
We are entitled to process your personal data in compliance with one of these conditions, always only within the necessary extent:
- You granted us your consent to personal data processing for a certain purpose;
- To perform a contract on provision of legal services;
- To perform a contract which we conclude with you in writing or otherwise, or at your request for performance of measures before conclusion of a contract, including the performance of duties arising from labour-law relations, and to conduct recruitment proceedings with applicants for employment at the Law Firm;
- If it is necessary for the protection of your vitally important interests or those of another individual;
- If it is necessary for performance of our legal duties;
- If it is necessary for protection of our legitimate interests or legitimate interests of third parties (in particular our clients), but only in a situation where your interests or your fundamental rights do not have priority over such interests.
We process personal data in the extent necessary for the provision of our legal services, for ordinary operation of our company, to perform statutory duties and secure our internal processes. Personal data are processed manually and automatically.
4. Recipients of Personal Data
We do not provide personal data, which we process to any commercial entities. In certain cases we can share the processed data with other entities (supervisory bodies, courts, etc.), in particular if this duty is imposed by legal regulations or if it is necessary for performance of our activities and the exercise of our rights. We hand the personal data over to the necessary extent between ourselves, i.e. between the Law Firm and the attorneys working with us on a long-term basis. We can share the personal data to the necessary extent also with third parties, which are:
- Providers of IT services, accounting services and other professional advisors of our firm;
- Other recipients in accordance with the client’s needs and instructions.
5. Period of Personal Data Processing
Personal data will be processed for the time necessary to meet the set purpose, unless the duty to process personal data for another defined period results from legal regulations. Personal data obtained based on the consent are processed only for a period covered by the consent for no longer than until it is rescinded.
6. Personal Data Security
As a controller of personal data we process personal data in accordance with legal regulations, primarily Act No. 85/1996 Coll. (the Attorneys Act) and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 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. When handling personal data we apply a number of security standards to ensure the personal data are securely stored and to prevent illegitimate access to them, changes to them or the publication of information. All our partners, employees, service providers and attorneys that work with us on a long-term basis with access to personal data are bound by a duty of confidentiality. If there is a breach of the security of your personal data as a consequence of which there is a high risk to your rights and freedoms, we have the duty to inform you of this.
7. Supplementary Information
7.1 Recruitment Proceedings with Job Applicants
Your personal data provided in connection with recruitment proceedings for a position at the Law Firm will be processed at the Law Firm and, in some cases, by attorneys that work with the Law Firm on a long-term basis.
7.2 Marketing Communication
We can use the e-mail contact details of our clients or the e-mail contact details of other persons, if they have granted their consent to it, for marketing and business purposes. If you are an addressee of these messages, you have the option of refusing them at any time, using the procedure that is described in each such message or by writing to the address: email@example.com.
8. Rights of Personal Data Subject
Legal regulations grant you the following rights in relation to your personal data that we process. The applicability of such rights, however, can, in individual cases, be restricted by the duty of the Law Firm and attorneys to maintain attorney privilege or the need to perform other statutory duties related to the provision of legal services.
Right to access: You have the right to obtain information from us about whether we are processing your personal data and, if we are doing so, you have the right to access the personal data and the right to other information related to their processing.
Right to rectification: You have the right to, without undue delay, have inaccurate personal data that concern you corrected at your request. You have the right to have incomplete personal data supplemented or corrected at any time.
Right to erasure: You have the right to have your personal data erased at your request, provided one of the following reasons is met: (a) the personal data are no longer needed for the purposes for which they were gathered or otherwise processed; (b) you rescind your consent to processing and there are no other legal grounds for processing; (c) you make objections to processing that must be complied with (see below); (d) we processed the personal data unlawfully; (e) the personal data must be erased to comply with our legal duties. You do not have the right to request erasure, however, if the processing is necessary: (a) for the exercise of a right to freedom of speech and information; (b) for compliance with our legal duties; (c) for a reason of public interest concerning public health; (d) for purposes of archiving in the public interest, for purposes of scientific or historical research or for statistical purposes, if it is probable that erasure would prevent or seriously endanger compliance with the aims of the aforementioned processing; (e) for the determination, exercise or defence of legal claims.
Right to restrict processing: You have the right to restrict the processing of your personal data in the event that (a) you deny the accuracy of personal data — we will restrict processing for the time necessary to verify the precision of personal data; (b) processing is unlawful and instead of erasure you request the restriction of use of personal data; (c) we no longer need your personal data, but you request them for the determination, exercise or defence of legal claims; (d) you made an objection to processing — we will restrict processing until there is a check on whether our legitimate reasons predominate over your legitimate reasons.
Right to portability: In relation to the personal data that we process automatically based on your consent or for performance of a contract concluded with you, you can request their provision in ordinary and machine-readable format. You can subsequently hand these personal data over to another controller or, if it is technically possible, ask us to hand them over to another controller.
Right to rescind consent: In relation to personal data for whose processing you provided us with your consent you have the right to rescind this consent at any time. As far as it concerns personal data processed based on other facts, the right to rescind consent cannot be exercised.
Right to object: You can object to the processing of your personal data. If it is an objection to the processing of your personal data for direct marketing purposes, we will stop processing your data. If an objection concerns another purpose, we will not continue to process your personal data unless we prove serious and legitimate reasons (a) for processing that predominate over your rights and interests or (b) for the determination, exercise or defence of legal claims.
Right to make a complaint: In the event that you are dissatisfied with the processing of your personal data in any way, you can contact the Office for Personal Data Protection.
More information about your rights is available at the website of the Office for Personal Data Protection https://www.uoou.cz/6-prava-subjektu-udaj/d-27276.