Information for the client upon receipt of personal data by a lawyer According to Article 12 of the Regulation of the European Parliament and the (EU) Council No. 2016/679 from 27 April 2016 on the protection of natural persons with regards to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (the “GDPR”)
Personal Data Controller
Legal Basis of Data Processing
Agreement on the Provision of Legal Services /Article 6 para (1) let. (b) of the GDPR/
Purpose of Data Processing
Recipients of Personal Data
Public authorities (e.g. courts, administrative bodies)
Providers of services necessary for rendering legal services (e.g. operators of web e-mail data storage or accountants)
Other recipients based on the needs and instructions of the client
Term of Data Processing
The personal data will be processed as long as the relevant purpose exists. Afterwards, the personal data will be handled in accordance with the applicable laws, in particular the Act No. 85/1996 Coll. (Advocacy Act), Act No. 499/2004 Coll. (act on archiving and file service and on the amendment of certain acts) and the GDPR.
Rights of the Client
The right of access to personal data means that the client is entitled to demand from the controller (the lawyer) the information, whether the lawyer processes the client’s personal data, or not; and if so, also the information regarding the personal data which is processed by the lawyer, and how such data is processed. Moreover, the client is entitled to demand that the controller (the lawyer) corrects inaccurate personal data related to the client. The client is entitled at any time to fill in any incomplete personal data processed by the lawyer.
The right of deletion of the personal data means, in other words, the obligation of the controller (the lawyer) to destroy the personal data of the client it processes, provided that certain conditions are met and the client asks for deletion of personal data.
In certain cases, the client is entitled to demand that the controller (the lawyer) limits the processing of his/her personal data. In the instance when any personal data of the client is processed based on the legitimate interest of the controller (the lawyer), or a third party, or in fulfilment of obligations in the public interest, the client is entitled to raise objections against such processing.
The right of transferability of personal data provides the client with the option to obtain the personal data he/she provided to the controller in standard and machine-readable format. The client is entitled to hand over such personal data to another controller or, if technically possible, to request that the controllers hand over the personal data to each other.
In the case that the client is dissatisfied with the processing of his/her personal data performed by the controller (the lawyer) for any reason, the client may file a complaint with the controller or with the Czech Data Protection Authority.
More information about the rights of the client are available on the website of the Czech Data Protection Authority (in Czech only: https://www.uoou.cz/en/6-prava-subjektu-udaj/d-27276).
The provision of personal data is legal and a contractual requirement. The client is not obliged to provide personal data to the lawyer. Nevertheless, in case the personal data are not provided in the extent necessary for the proper performance of the requested legal service, the lawyer may be entitled to refuse or discontinue rendering legal services.
I have agreed with UniCredit Bank Czech Republic and Slovakia, a.s. for compulsory professional indemnity insurance for damage caused in connection with the provision of legal services. The limit of insurance indemnity is set at the minimum legal amount, and applies to the provision of services under Czech law.
Under the decision of the Ministry of Industry and Trade of the Czech Republic, dated 5 February 2016, the Czech Bar Association was appointed as the authority responsible for the out-of-court settlements of consumer disputes between attorneys-at-law and consumers arising from agreements on the provision of legal services (pursuant to the Act No. 634/1992 Coll., on consumer protection, as amended). The website of the appointed authority is: http://www.cak.cz/en.
JUDr. Sandra Juránková
attorneys at law
reg. no. ČAK 17649
phone: +420 733 185 166
email: sjurankova@akjurankova.cz