Information on processing of personal data

We pay great attention to the protection of personal data in our law firm. We understand that the confidentiality and security of any information you provide to us is the basis of mutual trust between us. Therefore, ensuring that your privacy is protected is a priority for us.

In this document, we have compiled basic information about how we handle the personal information of visitors to our website (www.specialis.cz) and our clients when providing legal services. For example, you will learn about:

• Who is the data controller;
• What personal data we process and for what purpose;
• What authorizes us to process personal data;
• Who all can have access to personal data;
• What rights you have against us under data protection legislation.

The processing of personal data is governed primarily by 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 (General Data Protection Regulation), (the “General Regulation“), as well as by Act No. 110/2019 Coll. on the processing of personal data, as amended.

 

1. Who is the data controller

The main controller of personal data is Specialis s.r.o., advokátní kancelář, ID No.: 097 49 632, with its registered office at Palackého 151/10, 796 01 Prostějov, the company is registered in the Commercial Register kept at the Regional Court in Brno, file No. C 120648.

The following attorneys also cooperate with us in the provision of legal services on the basis of a permanent cooperation agreement pursuant to Section 15e of the Advocacy Act:

• JUDr. Ing. et Ing. Roman Ondrýsek, MBA, Ph.D., ID No.: 034 33 714, attorney-at-law ev. no. ČAK 15884,
• JUDr. Tomáš Kajnar, ID No.: 054 16 744, attorney-at-law ev. no. ČAK 17137,
• Mgr. Jitka Kajnarová, ID No.: 058 40 112, attorney-at-law ev. no. ČAK 17448,
• Mgr. Táňa Horvath Čapková, ID No.: 062 31 560, attorney-at-law ev. no. 17643,
• Mgr. Jan Grepl, ID No.: 107 70 011, attorney at law, ev. no. 19709.

Information is also available on the website of the Czech Bar Association, at this link: http://vyhledavac.cak.cz/Company/Details/440b664f-2b62-eb11-80ea-00155dde7d3e

For those cases where we provide legal services with cooperating lawyers, a joint data management agreement has been concluded in accordance with Article 26 of the General Regulation. The following provisions from this agreement are important to you:

• Specialis Ltd, a law firm, is responsible for compliance with its obligations under the General Regulation;
• Specialis s.r.o., a law firm, has been authorized to communicate with the Data Protection Authority;

Specialis s.r.o., law firm is responsible for communication with you as a personal data subject and for enabling you to exercise your rights. The provision of information pursuant to Article 13 of the General Regulation is also provided by Specialis s.r.o., law firm.

2. Contact details

If you wish to discuss anything with us regarding the protection of your personal data, you can do so in the following ways:

• In person at the address of the registered office of the law firm Palackého 151/10, 796 01 Prostějov;
• In writing, either again at the address of our law firm or electronically at kancelar@specialis.cz.

3. Purposes of processing personal data in the provision of legal services

The object of our business is the practice of advocacy pursuant to Section 1 of Act No. 85/1996 Coll., on Advocacy, as amended. In order to properly provide you with our legal services, we need your personal data to do so.

When providing legal services, we process the following personal data: your name and surname, date of birth, identification number (ID number), tax identification number (TIN), bank account number, residence, e-mail address, telephone number, our communications with each other, as well as information and documents you provide us for the purpose of providing legal services, as well as non-physical data about witnesses or counterparties. You will most often provide this information to us in a face-to-face meeting at our office (you can also provide us with basic contact details via the contact form on our website).

We use personal data for the following purposes:

• We negotiate together to conclude a contract for the provision of legal services and then we execute the contract – we provide you with legal services. In this case, the processing of personal data is based on Article 6(1)(b) of the General Regulation, where the processing of the data is necessary for the performance of the contract to which the client is a party or for the implementation of measures taken prior to the conclusion of the contract at the request of the client;
• To comply with legal obligations associated with the provision of legal services. In particular, we are obliged to keep accounting and tax records, as well as, pursuant to Section 25(1) of the Advocacy Act, to keep adequate documentation on the provision of legal services. In this case, the personal data is processed on the basis of Article 6(1)(c) of the General Regulation, where the processing is necessary for compliance with a legal obligation to which we are subject;
• The possible protection of our legal claims. In this case, personal data is processed on the basis of Article 6(1)(f) of the General Regulation, where processing is necessary for the purposes of our legitimate interests. In this case, you have the right to object to the processing of your personal data.

Please note that the disclosure of personal data for the purpose of providing legal services is a contractual requirement. Without providing it, legal services cannot be properly provided. Therefore, if you refuse to provide us with the necessary personal data, it is possible that we may not be able to provide legal services.

Pursuant to Resolution of the Board of Directors of the Czech Bar Association No. 9/1999 of the Bulletin of 8 November 1999, as amended, a lawyer is obliged to keep documentation on the provision of legal services and client files for 5 years from the date on which the provision of legal services was terminated.

Pursuant to Section 31 of Act No. 563/1991 Coll., on Accounting, as amended, the accounting records shall be kept for 5 years from the end of the accounting period to which they relate.

Pursuant to Section 7b of Act No. 586/1992 Coll., on Income Taxes, as amended, we are obliged to keep tax records for all tax periods for which the tax assessment period has not expired.

Pursuant to Section 35 of Act No. 235/2004 Coll., on Value Added Tax, as amended, the VAT payer is obliged to keep tax documents for 10 years from the end of the tax period in which the transaction took place.

4. Recipients of personal data

In addition to data controllers, persons who assist us in providing our services may also have access to personal data to a limited extent. When processing personal data, we use AVE Soft s.r.o., ID No.: 253 78 392, with registered office at Dostálova 882/63, Heřmanice, 713 00 Ostrava, which provides us with electronic attorney file management services, as well as the company Daňové spory, a.s., ID No.: 277 08 365, which provides us with back office services. Each processor is duly contracted for the processing of personal data in accordance with Article 28 of the General Regulation, which guarantees the appropriate treatment of personal data and compliance with security standards.

In addition, recipients from public authorities may have access to personal data only to the extent necessary in the context of their supervisory or control activities carried out on the basis of legal regulations. However, information relating to the actual practice of advocacy and the provision of legal services is protected by law by attorney-client privilege and recipients do not have access to such data.

Other recipients may be experts, expert institutes and issuers of expert opinions if an expert opinion or expert opinion is prepared in accordance with the client’s instructions in connection with the provision of legal services.

We do not transfer your personal data to a 3rd country (non-EU country) or to an international organization.

5. What rights do you have against us?

Data protection rules give you different ways to make sure your data is processed properly. As a data subject, you therefore have the following rights:

• Request information about what personal data we process about you,
• Request access to your personal data,
• Request the correction (update) of your data or its deletion,
• Request a restriction on the processing of your data, if applicable,
• object to processing,
• Request the transfer of your personal data,
• Contact the Office for Personal Data Protection (www.uoou.cz) with a complaint.

To exercise your rights, you can contact us at kancelar@specialis.cz or further at Palackého 151/10, 796 01 Prostějov, where you can visit us in person or send us a letter.

JUDr. Ing. Ondřej Lichnovský,

Attorney-at-law and Managing Director of Specialis s.r.o., law firm

The document is effective from 1 January 2020