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Processing of personal data (GDPR)

Processing of personal data (GDPR)

INFORMATION ON THE PROCESSING AND PROTECTION OF PERSONAL DATA

The aim of this document is in accordance with the relevant legal regulations, in particular in accordance with Regulation (EU) No. 2016/679 of the European Parliament and of the Council of 27 April 4 on the protection of natural persons in connection with the processing of personal data and on the free movement of such data (hereinafter referred to as "GDPR"), to provide data subjects with complete information about the processing of their personal data by the law firm Advokátní kancelář Vych & Partners, s.r.o. (hereinafter "Law Office"), in particular about what their personal data is, for what purpose and how it will be processed, to whom their personal data can be made available, as well as their rights in relation to the processing of their personal data.

  1. Definition of basic terms

In this document, words and phrases (concepts) are used, which are assigned the following meaning in accordance with the relevant legal regulations:

Data subject

Personal dataall information about an identified or identifiable natural person, an identifiable natural person is a natural person who can be directly or indirectly identified, in particular by reference to a certain identifier, for example name, identification number, location data, network identifier or to one or more special elements of physical, physiological , genetic, psychological, economic, cultural or social identity of this natural person means the natural person to whom the personal data relates, i.e. in particular our clients, cooperating lawyers, employees, suppliers and other entities
Processing of personal datameans any operation or set of operations on personal data or sets of personal data, such as collection, recording, arrangement, storage, adaptation or alteration, retrieval, inspection, use, disclosure by transmission, dissemination or any other disclosure, arrangement, restriction, erasure , destruction
Personal data managergenerally means an entity that alone or together with others determines the purposes and means of personal data processing, processes personal data and is responsible for this processing, for the purposes of this Information je the administrator of the personal data of the data subjects named here Advokátní kancelář
Recipient of personal datameans any natural or legal person, public authority or other entity to whom personal data is provided
Personal data processora natural or legal person or other entity that processes personal data for the Law Office and on the basis of the Law Office's instructions
Agreementany free, specific, informed and unequivocal expression of will by which the data subject gives his consent to the processing of his personal data by means of a statement or other apparent confirmation
Sensitive personal dataa special category of personal data that includes data on racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, health data, sexual orientation, genetic and biometric data
Office for Personal Data Protectionmeans the Office for the Protection of Personal Data, based in Plk. Sochora 27, Prague 7, zip code: 170 00, phone number +420 234 665 111, e-mail: posta@uoou.cz
  • Cases of personal data processing

The law firm processes personal data of data subjects in the following cases:

  • In connection with the provision of legal services to clients
  • In connection with cooperation with cooperating attorneys
  • In connection with the recruitment of new employees and the employment of existing employees
  • In connection with browsing our website
  • In connection with sending commercial communications regarding legal services
  • In connection with the purchase of goods and services from our suppliers
  • Categories of personal data

Personal data that is processed by the Law Office by default includes the following data (the above list is demonstrative and does not exclude the processing of other personal data that you provide to us):

Identification data: academic degree, first name, surname, date of birth and, depending on the circumstances, others (e.g. profession or job title, OP number, passport number, social security number, ID number, VAT number, bank account number, etc.)

Contact information: residential address, workplace address, telephone number, e-mail address, data box ID

Photography: in the case of some clients as part of the evidentiary material, in the case of cooperating lawyers and employees on the website of the Law Firm

Sensitive data: depending on the nature of the specific case, we may also process sensitive data of clients, cooperating lawyers or employees (e.g. data on membership in a trade union or data on health status)

Data related to criminal activity: we process this data in relation to some clients according to the nature of the specific case (e.g. data in the extract from the criminal record, data in the criminal file)

Data from so-called cookies when visiting our website: e.g. selected language, standard website traffic measurement. The law firm does not process data on the IP address, location of visitors, etc.

Additional information from those interested in cooperation in the provision of legal services or job applicants: data in the CV, motivation letter, credit card/confirmation of employment or recommendation from a former employer

Additional employee data: all data related to the performance of work for the Law Office (e.g. type of work and job title, data on work performance and results, salary and wage information, information on social and health insurance, etc.)

  • Purposes and legal basis for processing personal data

The law firm processes the above-mentioned personal data for the following purposes, on the basis of the legal reasons for processing listed below (for greater clarity, the individual purposes and legal reasons for processing are always listed in relation to the individual categories of processed personal data. The individual purposes and legal reasons for processing can overlap in some cases):

Categories of personal dataPurpose(s) of processingLegal reason(s) for processing
Identification dataidentification and registration of clients, cooperating lawyers, employees, suppliers and other entitiesconclusion and fulfillment of a contract (on the provision of legal services, on cooperation, employment contract or DPP or DPČ, or other contract) fulfillment of legal obligations (e.g. according to Act No. 85/1996 Coll., on Advocacy and Act No. 253/2008 Coll. ., on some measures against the legalization of proceeds from criminal activity)
Contact informationcommunication with data subjects, sending business messages to clientsconclusion and fulfillment of the contract legitimate interest
Photographyexercising and defending the rights and claims of clients (e.g. the need to submit photos of clients as evidence) marketing purposes (photos of cooperating lawyers and employees on the website)fulfillment of a contract for the provision of legal services, fulfillment of a legal obligation (in the case of appointment by a defense attorney, guardian, etc. without concluding a contract for the provision of legal services) consent of cooperating lawyers and employees
Sensitive dataexercising and defending the rights and claims of clients, protecting the health of employees and ensuring a safe working environmentthe exercise or defense of legal claims, the fulfillment of obligations and the exercise of special rights in the field of labor law and social security law, the protection of the vital interests of the data subject in the event that he is not physically or legally capable of giving consent
Data related to criminal activityexercising and defending the rights and claims of clientsexercising or defending legal claims
Data from so-called cookies on websitesE.g. measuring website traffic or customizing website displayLegitimate interest in the proper functioning of the website
Additional information of those interested in cooperation or job applicantsassessment of qualities and ability to perform the agreed type of activity or workconclusion and performance of a cooperation agreement or employment contract (or DPP/DPČ) exercise or defense of legal claims consent (in the case of further retention of unsuccessful applicant's data in case of interest in cooperation in the future)
Additional employee datarecord of employee agenda, assessment and evaluation of work performance, fulfillment of employer's rights and obligationsfulfillment of the employment contract (or DPP/DPČ) fulfillment of the employer's obligations imposed by applicable legal regulations
  • Time of personal data processing
    • The law firm processes personal data only for the period necessary to fulfill the purpose for which it was collected or for the period determined by the relevant legal regulations.
    • Some data are kept only for the duration of the contractual relationship with the data subject and are disposed of after the end of this relationship (e.g. photos of cooperating lawyers and employees).
    • Other data is also stored for a certain period after the end of the contractual relationship. The law firm is obliged to respect the archiving periods resulting from the relevant legal regulations and must archive certain documents, including the personal data contained in them, for a fixed period of time (e.g. client files for a period of 5 years from the end of the provision of legal services, employee documents for 3 to 30 years).
    • Some other documents containing personal data are kept by the Law Office to the extent necessary for the purposes of exercising and defending its legal claims, for the duration of the limitation periods according to generally binding legal regulations (3 to 15 years).
    • Data from so-called cookies on the website of the Law Firm is only kept for a maximum of 13 months.
    • As soon as the period during which the personal data of the data subjects is kept for a specific purpose has expired, the Law Firm anonymizes the personal data or completely deletes them from its own databases and information systems and shreds paper documents containing personal data.
  • Sources of personal data
    • The law firm obtains personal data from the following sources:
    • directly from the data subjects
    • from clients
    • from public authorities
    • from the counterparty or representative of the counterparty in the event of a client dispute
    • from publicly available sources (public registers, public registers or lists, information publicly available on the Internet, which the data subject himself publishes)
    • from former employers (e.g. information provided in a transcript/confirmation of employment or in a recommendation from a former employer)
  • Method of personal data processing
    • Personal data of data subjects is processed both in electronic form through computer technology and in paper form manually. The law firm has implemented appropriate technical and organizational measures to ensure the protection of personal data that it processes, in particular measures to prevent unauthorized or accidental access to these personal data, their change, destruction, loss, unauthorized transmission, their unauthorized processing, as well as other misuse of personal data (e.g. encryption, securing access with a password, security software, storage in locked cabinets or premises, access allowed only to selected persons who necessarily need the personal data to fulfill the above-mentioned processing purposes). All persons to whom these personal data may be made available respect the data subjects' right to privacy protection, are bound by confidentiality obligations and are obliged to proceed in accordance with legal regulations regarding the protection of personal data. We also require our data storage providers to meet applicable industry security standards.
    • There is no automated decision-making or profiling of data subjects as part of the processing of their personal data.
  • Categories of recipients of personal data
    • The law firm hands over, or may transfer (only some) personal data of data subjects to the following recipients:
    • public authorities (e.g. courts, administrative authorities, law enforcement authorities), in cases where legal regulations so stipulate
    • to other entities if this is necessary for the protection of rights (e.g. to insurance companies when making an insurance claim)
    • to providers of services necessary for the performance of the activities of the Law Office (e.g. accountants and tax advisors, IT service providers, translation agency, etc.). For these purposes, we only select trusted entities that are contractually bound by confidentiality obligations in relation to the handling of personal data, as well as other obligations to protect personal data in relevant legal regulations.
  • Rights of data subjects in connection with the processing of personal data
    • In connection with the processing of personal data by the Law Firm, data subjects have the following rights:

Right of access to personal data: The data subject has access to all personal data that the Law Office processes about him. In the event that the data subject requests it, the Law Office will provide him with a copy of this data in a structured format within one month of the request, on the condition that the transfer of this information will not adversely affect the rights and freedoms of other persons (it is therefore not possible to provide information in all cases , which are e.g. the subject of trade secrets, intellectual property or copyright, information that constitutes the know-how of the Law Firm and/or third parties - e.g. software providers, even if they are related to the processing of personal data of the data subject who submitted the access request to these data). If the data subject submits a request in electronic form, the information will be provided in the electronic form that is commonly used, unless the data subject requests another method of provision.

Right to repair: In the event that the data subject informs the Law Firm or requests it, the Law Firm will correct/update inaccurate/out-of-date personal data without undue delay.

Right to erasure (the so-called "the right to be forgotten"): Personal data of data subjects will be deleted without undue delay when one of the following reasons is met:

  • personal data are no longer needed for the purposes for which they were processed
  • the data subject revokes the consent if the personal data was processed on the basis of this consent and there is no other legal reason for the processing
  • the data subject objects to the processing and there are no overriding legitimate reasons for the processing
  • personal data were processed unlawfully
  • personal data was collected in connection with the offer of information society services (i.e. via a web contact form)
  • personal data must be deleted in order to fulfill a legal obligation established by the law of the European Union or the legal order of the Czech Republic

Personal data cannot be deleted if the processing is necessary for the fulfillment of legal obligations or for the exercise and defense of legal claims.

Right to withdraw consent: Personal data will not be further processed if the data subject withdraws consent to processing and there is no other legal reason for processing.

The right to restrict processing: The processing of personal data of the data subject will be limited in the following cases:

  • the data subject denies the accuracy of the personal data, for the time required for the Law Firm to verify the accuracy of the personal data
  • the processing is unlawful and the data subject refuses the erasure of the personal data and requests instead the restriction of their use
  • The law firm no longer needs the personal data for processing purposes, but the data subject requires them to exercise or defend legal claims
  • the data subject has objected to the processing, until it is verified whether the Law Firm's legitimate reasons for processing outweigh the legitimate reasons of the data subject

The restriction of processing therefore means that while the data is still stored, it cannot be otherwise processed until the restriction can be lifted. In the event that the processing of personal data is therefore limited, these personal data will only be processed with the consent of the data subject, or for the purpose of exercising or defending legal claims, for the purpose of protecting the rights of another natural or legal person, or for reasons of important public interest. The Law Office informs the data subject in advance of the cancellation of restrictions on the processing of personal data.

The right to portability of personal data: If the data subject requests it and if it is technically feasible, the Law Office will transfer his personal data to another administrator, in a commonly used, machine-readable format.

The right to object to processing: if the purpose of the processing is the legitimate interest of the Advocacy Office and the data subject objects to this processing, the personal data is not further processed, unless there are serious legitimate reasons for the processing that outweigh the interests or rights and freedoms of the data subject, or for the exercise and defense of legal claims .

Filing a complaint: The data subject has the right to file a complaint with the Office for Personal Data Protection in relation to the processing of his personal data by the Law Office.

The above-mentioned rights can be exercised by the data subject at the Law Firm through the application form, which is download here , by e-mail to the address office@ak-vych.cz, or by post to:

Advokátní kancelář Vych & Partners, s.r.o.
Lazarská 11/6
120 00 Prague 2 – New Town

  1. Final Provisions

All corrections, deletions or restrictions on the processing of personal data shall also be notified by the Law Office to the individual processors of the Law Office, except in cases where this proves to be impossible or requires unreasonable effort.

If the data subject requests it, the Law Office will inform him of the specific recipient of his personal data to whom the Law Office forwards his personal data.

This information will be regularly updated in the future.

Last updated on 1/10/2022

Advokátní kancelář Vych & Partners, s.r.o.

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