As the administrator of personal data provided to them by clients on the basis of a contract for the provision of legal services, the attorney undertakes to process such personal data in accordance with legal regulations, in particular Act No. 85/1996 Coll. (Act on Attorneys-at-Law) and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 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.
Information related to the processing of client personal data is an integral part of the contract for the provision of legal services as set out below:
Information for clients upon receipt of personal data by an attorney
Data controller
- PSH legal advokáti s.r.o.
- Company ID: 17187621
- Address: Španělská 770/2, 120 00 Prague 2 – Vinohrady
- E-mail: stepan@pshlegal.cz
- Phone no.: 702 168 108
Legal basis for processing personal data
- Contract on the provision of legal services
- The provision of personal data is an obligation of the data subject – the client (hereinafter referred to as the “client”) – arising from the above-mentioned contract.
Purpose of processing
- Provision of legal services under the contract concluded with the client
Recipients of personal data
- Public authorities (e.g., courts, administrative authorities)
- Information system maintenance providers
- Other recipients according to the client’s needs and instructions
Period of personal data processing
- Personal data will be processed for the duration of the above-mentioned contract and, after its termination, will be handled in accordance with the applicable legal regulations, in particular Act No. 85/1996 Coll. (Act on Attorney at Law), Act No. 499/2004 Coll. (Act on Archiving and Filing Services and on Amendments to Certain Acts) 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 (GDPR).
Rights of the client
- The right to access personal data means that the client has the right to obtain information from the data controller – the attorney – about whether their personal data is being processed and, if so, what data is involved and how this data is processed. The client also has the right to request that the data controller – attorney – correct any inaccurate personal data concerning them without undue delay. The client has the right to supplement incomplete personal data at any time.
- The right to erasure of personal data represents, in other words, the obligation of the administrator – the attorney – to destroy the personal data it processes about the client if certain conditions are met and the client requests it.
- The client has the right to have the data controller – the attorney – limit the processing of their personal data in certain cases. The client has the right to raise an objection at any time to processing that is based on the legitimate interests of the administrator – the attorney, a third party, or when it is necessary for the performance of a task carried out in the public interest or in the exercise of official authority.
- The right to data portability gives the client the opportunity to obtain the personal data they have provided to the data controller in a commonly used and electronically readable format. They may then transfer this data to another data controller or, if technically possible, request that the administrators transfer it between themselves.
- The right to withdraw consent to the processing of personal data at any time does not apply, as the client’s personal data is processed for the purpose of performing a contract concluded with the client, not on the basis of consent to processing.
- If the client is dissatisfied in any way with the processing of their personal data by the data controller – the attorney – they may lodge a complaint directly with them or contact the Office for Personal Data Protection.
- More information about the client’s rights is available on the website of the Office for Personal Data Protection. (https://www.uoou.cz/6-prava-subjektu-udaj/d-27276)
Information for consumers
If the client of our services is a consumer (i.e. not an entrepreneur), the law gives them the option of out-of-court settlement of any dispute with an attorney in cases where it is not possible to reach an agreement. The Czech Bar Association is appointed as the mediator in such cases.
Contact details: Česká advokátní komora, Národní tř. 16, 110 00 Praha 1, e-mail: epodatelna@cak.cz; Databox ID: n69admd.
The Czech Bar Association is a mediator between the client (consumer) and the attorney, and the proceedings are free of charge. The parties bear their own costs. The consumer may file a motion to initiate out-of-court proceedings no later than one year from the date on which they first invoked their right, which is the subject of the dispute, with the attorney.
Alternative dispute resolution can only be initiated at the consumer’s request and must be filed within one year of the date on which the consumer claimed their right with the attorney. In the event of a complaint about a service, the lawyer is obliged to issue a written confirmation of when the consumer invoked their right, what the complaint concerns, and how the consumer wishes the complaint to be handled. The CBA proposal should contain the following information: the identification details of the parties to the dispute, a complete and comprehensible description of the relevant facts, a statement of what the applicant is seeking, the date on which the claimant first invoked their right, which is the subject of the dispute, with the lawyer, a statement that the matter has not been decided by a court, no arbitration award has been issued, no agreement has been concluded between the parties in an out-of-court settlement of a consumer dispute, and no court proceedings, arbitration proceedings or out-of-court settlement of a consumer dispute under the Consumer Protection Act have been initiated, the date and signature of the claimant (consumer).
