Personal data protection
JUDr. Vlasta Víghová, the attorney, with the registered office at Jugoslávská 481/12, 120 00 Prague 2, Czech republic, ID No. 71462139, certificate of the Czech Bar Association no. 11356 (hereinafter also referred to as "attorney"), processes in connection with the performance of advocacy and the provision of legal services personal data of:
- clients (individuals),
- employees, members of the institutions or contact persons of clients who are legal entities,
- other data subjects (such as counterparties and their legal representatives, witnesses, victims, etc.).
Personal data is processed by an attorney as a controller in accordance with legal regulations, especially Act No. 85/1996 Coll. (hereinafter referred to as the “Advocacy Act”) and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27th April 2016 on the protection of individuals 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").
The attorney does not transfer any personal data that she processes as a controller to a third country (i.e. a country outside the European Union) or to any international organization. When processing personal data by an attorney, there is no decision-making based on automated processing, including profiling.
Purpose and legal basis of processing
The purpose of processing is the performance of advocacy, i.e. in particular the provision of legal services under a contract concluded with a client (this contract may also be concluded orally). The purpose of processing is also the fulfilment of the attorney's obligations arising from legal regulations (especially in the field of taxes, accounting, anti-money laundering measures, etc.).
The legal basis for the processing of personal data is the fulfilment of the contract with the client for the provision of legal services (including enforcement of rights and obligations arising from it) and the fulfilment of legal obligations arising from the relevant legal regulations (especially the Advocacy Act and related Czech Bar Association’s statutes, the Act No. 253/2008 Coll., on Certain Measures against the Legalization of Proceeds from Crime and Terrorist Financing, etc.). The legal basis for the processing of certain personal data may also be the legitimate interest of the attorney in the proper performance of advocacy or the legitimate interest of third parties (especially the attorney’s clients) in the proper provision of legal services.
Only exceptionally an attorney processes also special categories of personal data (e.g. in connection with the performance of a defence in criminal proceedings, representation in proceedings involving damage to health, etc.), while the legal basis for processing such data is the determination, performance or defence of legal claims.
Recipients of personal data
The processed personal data may be transferred in particular to the following recipients: public authorities (e.g. courts, administrative authorities, etc.), banks (e.g. in connection with the identification of the owner of funds in the legal custody account), insurance companies (e.g. in connection with the attorney’s liability insurance for damage), client, processors of personal data.
The following processors may be entrusted with the processing of personal data of data subjects (to the extent necessary and while maintaining the duty of legal confidentiality): accounting providers, tax advisors, data storage providers, administrators of information systems used by the attorney, or other processors according to the justified needs and instructions of the client.
Time of storage of personal data
Personal data will be processed for the period of provision of legal services by the attorney to which the personal data in question relate, and also for the period during which the rights and obligations related to the legal services thus provided may be exercised. After the termination of the provision of legal services, personal data will be handled according to the valid legal regulations, especially according to the Act on Advocacy and the Czech Bar Association’s statutes stipulating archiving periods, or according to Act No. 499/2004 Coll. on archiving and file service and the GDPR regulation.
Request to provide personal data
To the extent the processing of personal data is necessary for the proper performance of the attorney’s obligations under the contract for the provision of legal services or the law, the provision of personal data is necessary. Otherwise, legal services cannot be provided.
Rights of data subjects
Data subjects have the following rights in relation to the processing of their personal data:
The right to access their personal data, i.e. the right to obtain from the controller the information on whether he processes his personal data, and if so, what data it is and how it is processed. The data subject also has the right to request the collector to correct inaccurate personal data concerning him without undue delay. The subject has the right to supplement incomplete personal data at any time.
The right to delete their personal data, i.e. the right to request the controller to destroy personal data that he processes about the subject, if the conditions according to the GDPR are met.
The right the request the controller to restrict the processing of personal data in certain cases. The subject shall have the right to object at any time to processing which is based on the legitimate interests of the controller, a third party or is necessary for the performance of a task carried out in the public interest or in the exercise of official authority.
The right of data portability, i.e. the right to obtain, under the conditions set out in the GDPR, personal data provided by the subject to the controller, in a common and machine-readable format, or the right to request this information be provided to another controller.
The right to withdraw consent to the processing of personal data at any time does not apply, as the personal data of data subjects are processed by an attorney on the basis of legal titles other than on the basis of consent to the processing.
The exercise of all the above mentioned rights by data subjects is limited by the attorney’s obligation to comply with the obligations arising from the Advocacy Act and the Czech Bar Association’s statutes, in particular the duty of confidentiality.
In the event the data subject believes that the processing of his personal data by an attonrey is in any way defective, he may file a complaint directly to the attorney, electronically by e-mail to "firstname.lastname@example.org" or in writing by letter to the registered office Jugoslávská 481 / 12, 120 00 Prague 2, Czech Republic, or is entitled to raise a complaint directly towards the Office for Personal Data Protection (www.uoou.cz).
More information on the rights of data subjects and the possibilities of their exercise is available on the website of the Office for Personal Data Protection (https://www.uoou.cz/6-prava-subjektu-udaj/d-27276).