INFORMATION ON PERSONAL DATA PROCESSING
INFORMATION ON PERSONAL DATA PROCESSING
Our law firm would like to hereby inform you how it processes personal data, in particular what personal data are being collected, how we deal with it, from what resources we gain it, for what purposes we use it, whom we are authorized to provide the personal data with and what your rights are.
Personal data is protected as strictly confidential and we always deal with it in accordance with the respective legal regulations, particularly in compliance with the Regulation (EU) of the European Parliament and of the Council No. 2016/679 of 27.04.2016, 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 referred to as “GDPR“).
Personal data means any information that is related to the particular identified or identifiable natural person (e.g. name, age, date of birth, IP address).
Processing means any operation or a series of operations with the Personal data or a series of Personal data conducted via or without automated processes such as collecting, recording, sorting, structuring, saving, storing, adjusting or modification, searching, viewing, using, making accessible by transmission, spreading or any availability, combining, limiting, deletion or destruction of the Personal data.
Purpose of processing means the respective reason for the Personal data processing by our law firm.
Legal basis of processing means authorization of the Controller of the Personal data provided by respective legal regulations.
Eligible interest means one of the Legal basis of the processing indicating the interest of our law firm in the Personal data processing that might be expected by the respective Data subject that does not hinder the privacy and the right for protection of the Personal data of the respective Data subject (e.g. an interest in the protection of the rights of our law firm in any eventual legal or other proceedings).
Data subject means a natural person the Personal data relates to (usually a client or a business partner of our law firm).
Controller means a legal or anatural person that determines the Purpose of the Personal data processing and means by which such Personal data processing shall be implemented.
Processor means a legal or natural person appointed by the Controller for certain activities for performance of which it is necessary to process the Personal data (e.g. IT services supplier).
Recipient means a subject that is provided with the Personal data (e.g.afinancial office, a court etc.).
2. GENERAL PRINCIPLES OF PERSONAL DATA PROCESSING
During Personal data processing, our law firm shall respect the highest standards of the Personal data protection whereas it aspires to follow in the maximum possible extent the following principles:
legitimacy our law firm shall process the Personal data correctly and only in a legal manner;
transparency our law firm shall take care that all information on the Personal data processing is concise, easily accessible and comprehensible;
purposeful restriction our law firm shall process the Personal data only for the legitimate purposes determined in advance;
minimisation our law firm shall process the Personal data only in the necessary extent always related to the determined Purpose of processing;
accuracy our law firm shall process only the exact Personal data which it shall update if needed;
time frame our law firm shall process the Personal data only during the time frame necessary for the particular Purpose of the processing;
security Personal data is protected by our law firm and shall be processed in a manner that ensures high level of Personal data security and that hinders unauthorized access to the Personal Data, their modification, destruction or loss as well as any other misuse; our law firm shall comply with the respective technical as well as organisational measures for ensuring the respective level of the Personal data protection.
3. MANNER OF THE PERSONAL DATA PROCESSING
The manner in which our law firm shall process your Personal data shall include manual as well as automatized Personal data processing in the internal systems and databases of our law firm.
Your Personal data shall be processed in particular by the employees and cooperating attorneys-at-law at our law firm, eventually by the third parties appointed to process your Personal data by our law firm or which process the Personal data due to performance of obligations determined by the respective legal regulations.
4. CONTROLLER OF THE PERSONAL DATA
During processing of your Personal data, our law firm is in the position of the Controller of the Personal data. In case of any request, reminder, application or any inquiry regarding the Personal data processing by our law firm, you may contact us via the following contact details:
The Czech Republic:
Doležal & Partners s.r.o., advokátní kancelář
602 00 Brno
The Czech Republic
Tel.: +420 543 217 520
Fax: +420 543 217 522
ID of the data mailbox: zz28de4
The Slovak Republic:
Doležal & Partners, s. r. o.
811 03 Bratislava
The Slovak Republic
Tel.: +421 245 529 779
Fax: +421 245 529 779
ID of the electronic mailbox: E0005594142
Republic of Poland:
Ondřej Doležal & Partners, kancelaria prawna
A. Lubomirskiego 27/1
Republic of Poland
Tel. +48 500 174 062
5. PURPOSE OF THE PERSONAL DATA PROCESSING
Our law firm shall process the Personal data in particular in relation to the provision of legal services and consultancy in the area of law and related business activities as well as in relation to organizing educational or social events.
The Personal data may be processed by our law firm for the following Purposes of processing:
- provision of legal services and representing the clients at the courts and public authorities – in particular provision of legal services and fulfilling instructions of the clients in line with legal regulations regulating in particular performance of our practice as attorneys-at-law;
- fulfilling obligations determined by legal regulations – Personal data processing related to fulfilling obligations determined by respective legal regulations, in particular in the accounting and tax legislature, managing files and other obligations based on the respective regulations related to the performance of our practice as attorneys-at-law;
- cooperation with business partners – Personal data processing as part of the relations with the business partners of our law firm, affiliated law firms or other firms as well as suppliers of products and services to our law firm;
- recruitment – Personal data processing of the job applicants or candidates for another form of cooperation with our law firm;
- organizing educational and social events – Personal data processing e.g. as part of registration of the members for the seminars and social events organized by our law firm, their eventual contacting etc.;
- sending business information and service offers – Personal data processing during offering legal services of our law firm in accordance with the professional conduct regulations related to the performance of our practice as attorneys-at-law;
- property protection, protection of rights and interests of our law firm – Personal data processing related to determination, performance and defence the claims of our law firm, even in relation to the property of our law firm;
- client administration – Personal data processing related to the internal administration of previous, current and potential clients of our law firm, systematics of managing the client’s files and individual cases.
6. LEGAL BASIS OF PERSONAL DATA PROCESSING
Our law firm shall process the Personal data exclusively based on the Legal basis pursuant to the art. 6 sec. 1, GDPR. Personal data may be processed by our law firm pursuant to the following Legal basis:
- granting a consent with Personal data processing – if the consent with Personal data processing has been granted, the Personal data shall be processed by our law firm for one or more particular purposes the particular the consent relates to and only during the time frame the consent was limited to;
- performance of agreement, whose Party is the Data subject or measures accepted prior to conclusion of an agreement on the request of the Data Subject – the Personal data may be processed by our law firm in relation to the provision of the legal services and related consultancy based on the agreement on provision of legal services, or another agreement concluded by and between you and our law firm, or eventually in relation to the conduct on conclusion of such an agreement;
- performance of legal obligations by our law firm – if there is any obligation of our law firm to process the Personal data determined by the respective legal regulations, the Personal data shall be processed in line with such obligation;
- Eligible interests of our law firm – for details of this legal basis see the clause No. 7. hereof.
7. PERSONAL DATA PROCESSING BASED ON THE ELIGIBLE INTEREST
Protection of Eligible interests of our law firm is one of the Legal bases for the Personal data processing. Our law firm is authorized to process the Personal data based on this Legal basis of the processing only if during such Personal data processing there is not an inadequate intervention to your privacy or your rights and if such processing is expectable by you.
If the Personal data processing is performed on the basis of protection of the Eligible interest of our law firm, you are entitled to raise an objection against the Personal data processing, due to the reasons regarding your particular situation. Our law firm is obliged to take into consideration your objections always with regard to the reason of raising the objection.
If you raise an objection against the Personal data processing by our law firm for the purposes of the direct marketing, we will agree with your objection without further concerns and your Personal data shall not be further processed for this purpose.
In this regard, we would like to add a remark that termination of the Personal data processing based on the objection raised actually does not necessarily mean erasing of the Personal data; the Personal data may be further processed by our law firm for other Purposes and pursuant to the Legal bases of processing.
For transparency and for your information we have determined the list of Purposes of processing below conducted on the basis of our Eligible interest:
- protection of our rights and interests protected by law;
- protection of the property of our law firm;
- addressing our current clients (direct marketing);
- client administration.
8. CATEGORY OF PROCESSED PERSONAL DATA
Our law firm shall process the Personal data in line with the aforementioned Purposes of processing, and only such Personal data that is necessary in particular for the proper provision of services and fulfilling the respective obligations by our law firm. Our law firm shall process the following categories of the Personal data:
- identification data – Personal data intended for unambiguous and unmistakable identification of the Data subject (particularly the first and the last name, university degree, date of birth, signature etc.);
- contact details – the Personal data enabling contact with the Data subject (particularly delivery address, phone number, e-mail address etc.);
- payment details – Personal data necessary for book keeping of remunerations for provision of our services or e.g. for attorney’s escrows of monetary resources (e.g. account number, bank institution and other transaction details);
- profile data – general physiological characteristics (age, gender), socio-economic data (e.g. income data, ownership of movable as well as immovable assets), socio-demographic characteristics (family status, number of children, information on accommodation and the household, education, employment position etc.);
- sensitive data – Personal data of special categories (e.g. data indicating your health state or sexual life or orientation, information on the political opinion, religious denomination or membership in trade unions) and the data regarding judgment in criminal proceedings and crimes;
- Personal data arisen by our activities – these are in particular identifiers assigned by us for evidence purposes (e.g. the number under which you are registered in our information system), records on your preferred language for communication or your particular requirements announced to us;
- Personal data of third parties – Personal data of family members that you usually announce to us during provision of legal services (e.g. data regarding your husband/wife, children and other persons);
- other data – data that do not belong to any of the aforementioned category that concerns your person (e.g. data on the fact that there is execution, insolvency or other proceedings against your).
9. RESOURCES OF THE PERSONAL DATA
Our law firm gains the Personal data from various resources whereas the basic resource is the Data subject.
Most often, you inform us about your Personal data as part of the provision of legal services, during the following communication or processing of your requests and instructions but in some situations, we are made to supplement such provided Personal data from public resources or third parties. We also gain the Personal data through our own activities as part of provision of legal services.
The basic resources of the Personal data include the following:
- public resources – theseare in particular publicly accessible registers, lists and records (e.g. commercial register, insolvency register, land registry, central registry of executions etc.);
- internal resources – Personal data arisen directly as part of provision of legal services and other internal activities;
- third parties – Personal data received from third parties (e.g. information received from the counterparty as part of the legal case).
10. OBLIGATION TO PROVIDE PERSONAL DATA TO OUR LAW FIRM
Provision of the Personal data to our law firm is voluntary; in some cases, however, our law firm would not be able to provide you with its services without obtaining the Personal data. In some cases, we are obliged to collect the Personal data by the respective legal regulations (e.g. processing of the personal identity number for the purposes of your identification).
If the respective legal regulations require granting your consent with Personal data processing, the Personal data shall be processed by our law firm only based on your consent with the Personal data processing granted from free will. Such consent may be withdrawn at any time.
11. PERSONAL DATA RECIPIENTS
Your Personal data shall be processed exclusively by our law firm. In cases determined by the respective legal regulations or justified by the Eligible interest of our law firm, or the consent granted by you with the processing of your Personal data, your Personal data may be processed also by the subjects different than our law firm.
We make the Personal data accessible most often to the cooperating attorneys-at-law, translators, interpreters and other employees of our law firm as well as individual Processors of your Personal data that are in the contractual relationship with our law firm. Our law firm cooperates exclusively with such partners who follow the strictest requirements in the area of the Personal data protection.
Among the Recipients of the Personal data there are most frequently IT service providers, bank institutions, auditing companies, experts, interpreters, accounting and tax advisors etc.
The Personal data may be further handed over to further Controllers of the Personal data, most often to the state administration bodies, courts, arbiters or arbitration courts, bodies active in criminal proceedings, banking supervision bodies, executor offices, notaries, insolvency trustees etc.
Among the Recipients of your Personal data there might be also third parties such as parties of the disputes or their representatives. Nevertheless, in such a case your Personal data is always transmitted as part of the performance of obligations resulting for our law firm from conclusion of the agreement on provision of legal services or eventually from the respective legal regulations always with maximum meeting the obligations of confidentiality of our law firm in relation to our clients.
12. TRANSFER OF PERSONAL DATA ABROAD
In regard to the fact that our law firm provides complex legal consultancy also in cooperation with foreign subjects, the Personal data may be transmitted also outside the area where the registered office of the particular Controller is located. In majority of cases, it is transmission of the Personal data as part of the membership states of the European Union which share the particular standards of the Personal data protection.
Personal data is transmitted outside the European Union in very exceptional cases in line with the generally binding regulations for transmission of the Personal data determined in the art. 44 et seq. of GDPR.
13. TIME FRAME NEEDED FOR PERSONAL DATA PROCESSING
Our law firm shall process the Personal data only during the time frame necessary due to the Purpose of the processing and further during the time frame our law firm as the Controller of the Personal data is obliged to process the Personal data pursuant to the generally binding legal regulations. Our law firm shall strictly comply with the internal rules of archiving that ensure that the Personal data is not processed for longer time than necessary.
In case of granting the consent with the Personal data processing for a particular Purpose of processing, your Personal data shall be processed during the time, which is in line with the time for which you granted the consent with the Personal data processing. Following the Eligible interest of our law firm, the time of the Personal data processing has been set up in such a way that it is in line with the particular Purpose of processing.
After termination of our cooperation, we significantly limit the use of your Personal data, whereas we shall further store the Personal data due to fulfilling obligations determined by the respective legal regulations (i.e. particularly fulfilling the archiving obligation) and due to protection of the Eligible interests of our law firm in the form of protection of our rights and application of the claims in any possible legal or other proceedings. If we find out that your Personal data is not needed any more for any of the determined Purposes of their processing, we automatically delete such Personal data.
|Purpose of processing||Time of processing|
|provision of legal services and representing the clients at the courts and state authorities||during the whole duration of the contractual relationship|
|fulfilling the obligations determined by legal regulations||during the time determined by the respective legal regulation|
|cooperation with business partners||during the relationship with the business partner|
|recruitment||during the recruitment process and in case of granting the consent with the Personal data processing during the time the consent was granted for|
|organizing educational and social events||during the educational or social event and 1 year after its termination|
|commercial communication and sending service offers||during the whole contractual relationship and within 1 year after termination of the contractual relationship (for the current clients), or eventually during the time the consent with Personal data processing was granted for|
|protection of property, rights and interests of our law firm protected by law||during 10 years from termination of the contractual relationship, unless otherwise determined by special legal regulations (e.g. regulating attorney’s performance), or if in reasonable case there is a need to keep the Personal data during different time frame in relation to the particular case|
|client administration||during the time of provision of legal as well as other related services|
14. SECURITY OF PERSONAL DATA
Security of your Personal data is a crucial priority of our law firm. The Personal data is under stable physical, electronic as well as procedural review whereas our law firm has at disposal control, technical as well as security mechanisms that ensure Personal data protection against any unauthorized access, transmit, loss, destruction or any other possible misuse.
Persons that encounter your Personal data as part of the performance of their work-related or contractual obligations are also bound by confidentiality obligation. Our IT system is regularly tested and maintained by the external Processor our law firm has concluded the agreement on the Personal data processing with.
15. RIGHTS OF THE DATA SUBJECT
In order to have more overview and control of your Personal data which our law firm shall process about you, you are entitled to utilize the below mentioned rights.
You are entitled for some rights under any circumstances (e.g. the right to access the Personal data or the right for rectification), whereas some rights may be claimed only when meeting some certain conditions (e.g. you have the right to raise an objection against Personal data processing only if it is done on the basis of the Eligible interest of our law firm, you have right to portability only if the Personal data processing is based on your consent or during processing necessary for performance of the contract).
- Right to access the Personal data: if you request our law firm for information regarding the processing of your Personal data, we will provide you without undue delay with the information on what Personal data we shall process regarding you and further related information (e.g. the Purpose of processing, category of the Personal data, timeframe of processing, resource of the Personal data). You are entitled to require a copy of the processed Personal data. Nevertheless, for a repeated provision thereof our law firm is entitled to request an adequate fee related to the administrative costs.
- Right to rectification of inaccurate information and supplementing incomplete Personal data:if you find out that we process inaccurate or incomplete Personal data, you are entitled to require its rectification and supplementation. Rectification or supplementation of the Personal data shall be conducted by us without undue delay, always with regard to the technical possibilities of our law firm.
- Right to erasure: we automatically erase your Personal once we lose authorization for its processing (typically by lapse of time of processing for the last purpose for which your Personal data shall be processed). You do not need to take care of erasure of the Personal data. If you anyway ask our law firm for erasure of the Personal data, we will accept your request under the condition that (i) the Personal data is not needed any more for the purposes for which it was collected or otherwise processed or (ii) Personal data processing is against the law or (iii) you raise an objection against the Personal data processing and there are not any prevailing eligible reasons for processing of your Personal data or (iv) the statutory obligation for the Personal data processing determined by the European Union law or domestic regulations was seceded or (v) you withdraw your consent with the processing of the Personal data. On the other hand, you are not entitled for the right to erasure of the Personal data if the Personal data processing is necessary for meeting the legal obligation or determination, execution or defence of legal claims of our law firm or for archiving purposes.
- Right to raise an objection against processing: if you wish us not to continue in processing of your Personal data done on the basis of protection of the Eligible interest of our law firm, you are entitled to raise an objection against the Personal data processing. When raising such an objection, our law firm is always obliged to assess whether the interest in the protection of your Personal data prevails over the Eligible interest of our law firm for which we process your Personal data. If we reach the conclusion that your interest in the protection of your Personal data prevails, we terminate processing of your Personal for this purpose. If you raise an objection against the Personal data processing by our law firm for the purposes of direct marketing, we will approve your objection without further comments and your Personal data will not be further processed for this purpose.
- Right to restrict Personal data processing: you are entitled for the right to restrict Personal data processing only if (i) an objection was raised against the Personal data processing implemented on the basis of the Eligible interest of our law firm, or (ii) challenging the accuracy of the Personal data processed by us or (iii) Personal data processing against the law as well as rejection of its deletion by you or (iv) when we do not need the Personal data for the Purposes of processing, but despite that, you will need the Personal data for determining, performance or defence of your legal claims. If the below mentioned conditions are met your Personal data will be temporarily locked up and we will not process it during a certain period of time.
- Right to Personal data portability: if you need it, for instance, for facilitation of communication with another Controller, you are entitled to gain the Personal data in the structured and commonly used electronic format. You are entitled for this right in case of the Personal data processing conducted on the basis of your consent or when the respective agreement is performed.
- The right to withdraw a consent: if you have granted our law firm with the consent with processing of the Personal data, you have the right to withdraw it at any time. Once the consent is withdrawn, we will terminate the processing of your Personal data for the processing of which we do not have another Legal basis of processing any more. Withdrawal of the consent does not concern the lawfulness of the Personal data processing based on the consent granted prior to its withdrawal.
- The right to file and complaint: you are entitled to raise a complaint or a concern regarding the processing of your Personal data at any time to the supervisory body of the respective state which is the following
in the Czech Republic: The Office of Personal Data Protection, with its registered office at Praha, Pplk. Sochora 27, Zip Code 170 00, www.uoou.cz;
in the Slovak Republic: The Office of Personal Data Protection of the Slovak Republic, with its registered office at Bratislava, Hraničná 12, Zip Code 820 07, https://dataprotection.gov.sk/uoou/;
in the Republic of Poland: The Office of Personal Data Protection, with its registered office at Warszawa, Stawki 2, Zip Code 00-193, https://uodo.gov.pl/.
In order to facilitate claiming of your rights, you may use the form, available here.
16. INFORMATION REGARDING ADOPTED MEASURES
We will inform you about the adopted measures in relation with the application of your rights without undue delay, however, not later than within 1 month. In the exceptional cases (in particular due to complexity of your request) our law firm is entitled to prolong such a time frame by 2 more months. We will of course inform you in time about any possible prolongation.
17. VALIDITY AND EFFECT
This information on the Personal data processing is valid and effective as of 25.05.2018. The current wording has been announced at our website www.dolezalpartners.com.