Principles of Personal Data Protection
Information about Personal Data Processing
The Law Office of Vítek Mrázek Kramný s.r.o. with its registered office in Prague (hereinafter referred to as the “Law Office” or “Controller”) in accordance with the provision of Article 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals and on the free movement of such data and on the repeal of Directive 95/46 / EC (General Data Protection Regulation) (‘GDPR’) hereby provides information on the processing of personal data protection in the Law Office.
The Law Office protects the processed personal data and handles it in accordance with the valid legal regulations in the area of personal data protection. It collects personal data mainly from its clients or their counterparties and their representatives, as well as from third parties such as government agencies, employers, business partners, suppliers or publicly available databases.
In this information notice, we list the different categories of personal data processed, the purposes of personal data processing and the methods of their processing, their recipients, data subjects’ rights in relation to the protection of personal data and the period of retention of personal data.
The data subject has the right not to provide their personal data to the Law Office. However, if the provision of such personal data is mandatory (by law or contract), the Law Office will not be able to provide its services without providing personal data.
Controller of the personal data:
Advokátní kancelář Vítek Mrázek Kramný s.r.o.
Registered office: Pod Klaudiánkou 271/4a, 147 00 Prague 4
Company ID no.: 06690289
E-mail: sak@advokatvam.cz, Tel: 261 198 160
Personal data categories
Clients and third parties
The law office processes data on clients to the extent necessary for the provision of legal services under a contract concluded with the client. The Law Office further processes personal data of third parties (e.g. contracting parties / counterparties of clients) in connection with the provision of legal services to clients. These include, in particular, identification and contact information, other data, including information on the client’s property situation, and data on any court or other proceedings that may be conducted. This may include client or third party data in the name, surname, date of birth, social security number, permanent address, telephone connection, e-mail address, marital status and family situation, financial situation, bank account, data on ongoing / completed / imminent court / execution / administrative proceedings, data on possible criminal proceedings and criminal matters, data from documents submitted by the client, or video / audio recordings, and other personal information necessary to perform the contract with the client.
Employees
For employees, the Law Office may process personal data obtained from their CVs or acquired during employment, which usually include their name, surname, date and place of birth, nationality, permanent / temporary residence, contact address, telephone number, e-mail address, other personal data contained in their curricula vitae (e.g. marital status, education, foreign language knowledge, professional knowledge and skills, previous job or photo), personal identification number, bank account, or other personal data necessary for fulfilling the employer’s obligations under Act No. 262/2006 Coll., The Labor Code and obligations arising from tax regulations, regulations governing social security and health insurance and regulations governing wage compensation of employees in temporary incapacity for work.
Job seekers
For jobseekers, the Law Office may process personal data obtained from their CVs or acquired during employment, which usually includes their name, surname, date and place of birth, nationality, permanent / temporary residence, contact address, telephone number, the e-mail address, other personal data contained in their CVs (e.g. marital status, education, foreign language knowledge, professional knowledge and skills, previous employment or, where appropriate, photographs of the applicant).
Suppliers of the Law Office and other cooperating individuals
Personal data processed by suppliers and their representatives include their first name, surname and contact details (telephone number, e-mail address), date of birth, permanent address, registered office address, company ID, VAT number, bank account numbers and information on received and provided performance.
Website visitors
For website visitors, the Law Office processes the IP address and cookies, information about browsing the web, information about the visitor’s equipment, location, etc. If a visitor voluntarily enters his or her personal information, then the Law Office website collects the personal data entered. This includes, but is not limited to, name, job title, company address, email address, and telephone or fax number.
Special categories of personal data
The Law Office does not process so-called special categories of personal data (hereinafter referred to as “sensitive data”), except:
(i) any personal data on health status data in the occupational medical field (e.g. in connection with an initial medical examination or medical opinion on the ability to perform a particular job, or on accidents at work or occupational diseases); (ii) where the processing of sensitive data in connection with the provision of legal services by the Law Office to the client is necessary for the determination, exercise or defense of legal claims or where the courts are acting within their jurisdiction.
Legal basis and purpose of the processing
The Law Office processes personal data solely on the basis of legal titles and in accordance with the processing purposes set out in this information notice, which are mainly performance of the contract, fulfillment of legal obligations and legitimate interest of the Law Office or third parties.
Contract for the provision of legal services
The Law Office provides its legal services to clients on the basis of a contract on the provision of legal services, which is the legal basis for the processing of clients’ personal data. The provision of personal data is the obligation of the data subject – client (hereinafter referred to as the “client”), which arises from the above contract, to the extent necessary for the fulfillment of the contract concluded between the client and the Law Office. The Law Office uses and processes the provided personal data for the proper provision of its services (in particular the fulfillment of obligations under the contract on the provision of legal services and the fulfillment of related legal obligations arising from legal regulations or other legal regulations, including tax legislation).
Employment and similar contracts
The Law Office is an employer pursuant to Act No. 262/2006 Coll., The Labor Code and keeps personal files of employees in accordance with this legislation. It further processes the personal data of employees for the fulfillment of obligations arising from tax regulations, regulations governing social security and health insurance and regulations governing wage compensation of employees in temporary incapacity for work.
Contracts with suppliers or similar contracts
Personal data of suppliers of the Law Office and other cooperating natural persons, resp. other data received by the Law Office from the Contractor in connection with the conclusion or performance of the contract shall be processed for the purpose of fulfilling the contractual obligations with the contractors, fulfilling the related legal obligations as a customer and tax entity and for the proper performance of its activities organizational, economic and financial aspects.
Other processing purposes or titles of processing also include the provision of operational activities, fulfillment of legal obligations as a potential employer and use for the eventual conclusion of an employment contract (for job seekers), accounting and tax purposes, archiving under the law, handling requests sent via electronic forms, sending business messages and offering services and products.
Website visitors
The personal data of website visitors is processed to evaluate website traffic and generate statistics and records based on our legitimate interest in making the website accessible, monitoring traffic on the website and optimizing it, identifying and resolving potential technical issues, and preventing any potential abuse of the content of the Law Office website. The Law Office will only use this information for the purposes specified where it was provided. If it is in the interests of visitors, the Law Office may use the information provided to contact the visitors or to better identify the needs of the visitors and consequently improve the services of the Law Office.
Recipients of personal data
- The processors and recipients of personal data are:
- authorized employees,
- lawyers working with the Law Office,
- public authorities (e.g. courts, administrative authorities),
- suppliers and service providers,
- other recipients according to the client’s needs and instructions.
The Law Office makes personal data available only to authorized employees and cooperating lawyers or individual personal data processors contractually agreed by the Law Office or other administrators, but only to the extent necessary for the fulfillment of individual purposes of processing and based on the corresponding legal title for personal data processing. Further, the Law Office does not disclose personal data about the data subject to third parties, except as described in this information notice or when the Law Office otherwise expressly informs the data subject.
For the purpose of its proper functioning, the Law Office may share the personal data of employees and suppliers with an external accounting company. Exceptionally random access to personal data processed by the Law Firm can be made by IT administrators or providers of similar IT services. The Law Office may transfer the personal data of its clients to other recipients according to the client’s needs and instructions (e.g. translation agency).
The Law Office also provides personal data to state and other public authorities, for example where required by law, or in response to requests from courts, law enforcement or other public authorities; or if the Law Office believes that such provision is necessary to prevent physical injury, damage or financial loss.
The Law Office does not disclose personal data to recipients in third countries or international organizations. However, in exceptional cases, it may transfer personal data to third countries outside the European Economic Area, such as the USA and Switzerland. If personal data is handed over to countries outside of the European Economic Area or to countries which do not have the appropriate level of protection in line with the valid legislation, in particular the GDPR and other EU regulations and national regulations on personal data protection, this handover shall be performed on the basis of an exception relating to the specific situation. The Controller shall ensure that adequate safeguards are provided to ensure the protection of personal data in accordance with the GDPR, in particular Article 42 (2) of the GDPR.
Time of processing and storage of personal data
Personal data will be processed for as long as is necessary to fulfill the purposes set out in this information notice, in particular to ensure all rights and obligations under the relevant contractual relationship and for as long as the Law Office is obliged to keep personal data as a personal data controller according to generally binding legal regulations or to which the data subject has given their consent. For successful jobseekers, the CVs and other documents submitted become part of the employee’s personal file. CVs of unsuccessful candidates are kept for a possible later contacting of the candidate for a maximum of one year after sending the CV or the completion of the admission procedure, and then they are shredded or otherwise liquidated. In other cases, the processing time results from the purpose of the processing, which must be reasonable, or given by the legislation on personal data protection. Subsequently, the personal data will be disposed of in accordance with the valid legislation, in particular Act No. 85/1996 Coll. (Act on Advocacy), Act No. 499/2004 Coll. (Archiving and Records Service Act and amending certain acts) and the GDPR Regulation.
Client rights
The Client, as a data subject, has rights in relation to the processing of personal data arising from legal regulations and which they can assert at any time These rights are as follows:
The right of access to personal data means that the client has the right to obtain information from the controller – lawyer on whether they process their personal data and, if so, what data it is and how it is processed. The client also has the right to have the controller– lawyer rectify inaccurate personal data at their request without undue delay.
Incomplete personal information may be added by the Client at any time.
The right to delete personal data is, in other words, the obligation of the controller – lawyer to destroy personal data which it processes about the client if certain conditions are met and the client requests it.
The client has the right to have the controller– lawyer in certain cases restrict the processing of their personal data. The client has the right to object to processing that is based on the legitimate interests of a lawyer, a third party, or is necessary to perform a task for performing a task in the public interest or in the exercise of public authority at any time.
The Data portability right gives the client the ability to retrieve the personal information they provided to the controller in a common and machine-readable format. It may then pass on such data to another controller or, if technically possible, request that they be transferred between them.
If the client is in any way dissatisfied with the processing of their personal data carried out by the controller – lawyer they can file a complaint directly to them or contact the Office for Personal Data Protection .
If you authorize the Law Office to process personal data for the purpose of sending personalized marketing communications or addressing the Law Office’s service offerings via email or telephone contact, please note that this consent is voluntary and that consent can be made at any time withdraw. Consent is given until further notice. Failure to provide consent shall not affect the performance of the contract. The right to revoke consent to the processing of personal data at any time does not apply, as the client’s personal data are processed for the purpose of fulfilling the contract concluded with the client, not on the basis of consent to the processing.
Due to the specific nature of the Law Office’s activities (the practice of advocacy), the exercise of some rights of data subjects may be severely restricted (in particular for the processing of personal data relating to specific legal cases).
More information on the rights of the client is available on the website of the Office for Personal Data Protection. (https://www.uoou.cz/6-prava-subjektu-udaj/d-27276 ). For questions regarding this notice or the processing and protection of personal data, the data subject may also contact the law office at tel. +420 261 198 160, e-mail address: sak@advokatvam.cz or at the registered address of the Law Office.
Updating information
This information notice may be updated at any time due to changes in the Law Office’s processing and protection of personal data. The law firm will place a notice on its website informing data subjects of any significant changes to this notice.
Advokátní kancelář Vítek Mrázek Kramný s.r.o., 25 May 2018
Data subject application form Request in the .doc format