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pursuant to Act No. 253/2008 Coll., on certain measures against the legalization of proceeds from crime and the financing of terrorism, as amended (hereinafter also referred to as "AML")
The Attorney as an obliged entity
According to the provisions of Section 2, Paragraph 1, Letter g) of the AML, the Attorney is an obliged entity, and in accordance with this Act and other legal regulations, she is obliged to carry out certain measures, which include, in particular, client identification and client control. In order to implement these measures, the Attorney is obliged to collect, process and store the client's identification data and make copies of the documents on the basis of which the client's identification and verification were carried out.
1. Scope of processed identification data
For a natural person, the subject of processing may be their name and surname, birth number, and if not assigned, date of birth and gender, place of birth, permanent or other residence and citizenship; in the case of a natural person engaged in business, also their business name, distinguishing mark or other designation, registered office and identification number of the person. In the case of a legal entity, the subject of processing may be its business name or name, including a distinguishing addition or other designation, its registered office and identification number of the legal entity or a similar number assigned abroad, data to establish and verify the identity of a natural person who is a member of its statutory body, and basic identification data of a legal entity that is a member of its statutory body, and data to establish and verify the identity of a natural person who is a member of the statutory body of this legal entity or whom this legal entity has authorized to represent it in the statutory body.
2. Retention period of identification data
Identification data are retained for a period of 10 years from the completion of a transaction outside the business relationship or from the termination of the business relationship with the client.
3. Purpose of processing identification data
Client identification data are processed for the purpose of fulfilling legal obligations and preventing abuse of the financial system for the legalization of proceeds from crime and the financing of terrorism and creating conditions for the detection of such conduct.
4. Form of processing of identification data
The client's identification data processed for the above-mentioned purpose and documents verifying the veracity of the identification data may be recorded in electronic as well as paper form. Copies may be made of the documents from which the identification data was verified, and these may be archived.
5. Informing the client about the possibility of restricting or excluding the processing of identification data
The client has the right to have the lawyer restrict the processing of identification data only in cases specified by law, under the conditions set out in Act No. 110/2019 Coll., on the processing of personal data, as amended, and in accordance with the provisions of the Act on Certain Measures Against the Legalization of Proceeds from Crime and the Financing of Terrorism.
6. Instructions on the transfer or receipt of identification data
Identification data may be transferred or received only under the conditions set out in Act No. 110/2019 Coll., on the processing of personal data, as amended, and in the AML.
7. Supervisory authorities
The supervisory authorities in the above cases are the Czech Bar Association and the Financial Analytical Office.
according to Regulation (EU) 2016/679 of the European Parliament and of the Council, 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)
Attorney:
JUDr. Zuzana Navrátilová, ČAK: 12235
IČO: 714 69 371, with registered office at Jeseniova 1151/55, Prague 3, 130 00
1. The attorney as a personal data controller
Within the meaning of the General Data Protection Regulation, the attorney is the so-called “GDPR” controller of the client’s personal data. This means that she processes the client’s personal data, determines the purpose and means of this processing and is also responsible for this processing.
The information provided in this document applies to existing clients, potential and former clients, whose data the attorney may still process under certain conditions. The information provided here shall also apply to family members or representatives of clients to a reasonable extent.
2. Principles of personal data processing
• the lawyer processes the client's personal data in a lawful and transparent manner
• the collection of personal data is carried out exclusively for specified legitimate purposes and their processing is carried out in a manner that is consistent with these purposes
• personal data are processed to a reasonable extent so that the specified purposes are appropriately fulfilled
• all measures are taken so that only accurate and updated personal data are processed, and that inaccurate personal data are deleted or corrected without delay
• personal data are stored for the period necessary to fulfill the purposes for which they are processed
• personal data are processed only in a manner that ensures appropriate security of personal data, including their protection by appropriate technical or organizational measures against unauthorized or unlawful processing and against accidental loss, destruction or damage.
3. Scope of personal data processing
Basic identification data
• academic title
• first and last name
• date and place of birth
• permanent address
• delivery or other contact address
• in the case of a natural person entrepreneur, also the business name or an addition attached to the name, registered office and company registration number Electronic contact data
• telephone number
• e-mail address
• data box ID Other personal data
• bank account number
• other personal data provided by the client during negotiations, in contracts or other documents, including later updates
4. Collection of personal data
The lawyer collects the client's personal data primarily directly from the client. She does so based on their requests, as part of negotiations to conclude a contract, during a personal meeting, during telephone or written communication (including e-mail communication). If personal data is obtained directly from the client, the lawyer always informs the client whether the provision of personal data is a legal or contractual requirement, whether he or she is obliged to provide personal data, and also about the possible consequences of not providing personal data.
Some personal data of the client can be collected from publicly available sources, such as the commercial register, insolvency register or trade register. Exceptionally, these can be social networks and the internet in general, if the data is publicly accessible. Personal data can also be obtained from the lawyer's own activities. Exceptionally, personal data can be obtained from third parties.
5. Legal basis
The legal basis for processing the client's personal data is, in particular, a contract for the provision of legal services or a trust agreement. Personal data are processed for the purpose of providing legal services according to these contracts concluded with the client. These contracts also entail the client's obligation to provide personal data to the lawyer.
6. Recipients of personal data
Recipients of the client's personal data are public authorities (e.g. courts, administrative authorities), information system maintenance providers and other recipients according to the needs and instructions of the client.
7. Period of processing of personal data
Personal data will be processed for the duration of the above-mentioned contracts and after their termination they will be handled in accordance with applicable law, in particular Act No. 85/1996 Coll., on advocacy, as amended, Act No. 499/2004 Coll., on archives and records service and on amendments to certain acts, as amended, and the General Regulation on the Protection of Personal Data.
8. Client rights Right to access personal data
The client has the right to obtain from the administrator-lawyer information about whether his/her personal data is being processed, and if so, what data it is and how it is being processed. The client also has the right to have the administrator-lawyer correct inaccurate personal data concerning him/her without undue delay at his/her request. The client has the right to supplement incomplete personal data at any time.
Right to erasure of personal data
This right represents, in other words, the obligation of the administrator-lawyer to destroy personal data that it processes about the client, if certain conditions are met and the client requests erasure.
Right to restriction of processing of personal data
The client has the right to have the administrator-lawyer restrict the processing of his/her personal data in certain cases. The client has the right to object at any time to the processing of personal data that is based on the legitimate interests of the attorney-lawyer, a third party, or is necessary for the performance of a task carried out in the public interest or in the exercise of public authority.
Right to data portability
The client is entitled to obtain the personal data that he/she has provided to the administrator-lawyer in a common format. He/she may then transfer this data to another administrator of personal data or, if technically possible, request that the administrators of personal data 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 fulfilling the contract concluded with the client, not on the basis of consent to the processing. If the client is in any way dissatisfied with the processing of his/her personal data by the administrator-lawyer, he/she may file a complaint directly with the administrator-lawyer or contact the Office for Personal Data Protection. More information about the client's rights in connection with the protection of personal data can be found on the website of the Office for Personal Data Protection.
Consumer information within the meaning of Section 1811, paragraph 2 and Section 1820, paragraph 1 of Act No. 89/2012 Coll., the Civil Code, (hereinafter also referred to as the “Civil Code”), as amended, addressed to all potential interested parties and clients who are in the position of consumers and who are interested in concluding a contract for the provision of legal services, as well as for the safekeeping of funds or other property by a lawyer (hereinafter also referred to as the “Client”).
a. The lawyer’s identity information is provided in the “Contact” and “About us” sections.
b. The provision of legal services is regulated by Act No. 85/1996 Coll., on advocacy, as amended, and internal regulations issued by the Czech Bar Association.
c. Subject of services: Legal assistance to the Client consists mainly of legal advice, representing the Client in proceedings before courts or other state administration bodies, in negotiations with other legal entities or individuals, in concluding contracts and agreements on behalf of the Client, in carrying out attorney's custody of funds, securities and other property for the Client.
d. Remuneration for legal services: The remuneration is negotiated on the basis of an agreement and the method of calculation is communicated to the Client before concluding the contract and commencing the provision of legal services. The price for services is calculated and determined most often as an hourly rate, or according to the Decree of the Ministry of Justice of the Czech Republic No. 177/1996 Coll., Attorney's Tariff, as amended. The remuneration for legal services and attorney's costs can be paid in cash, by bank transfer or by deposit into the attorney's account.
f. Lawyer's liability insurance - the Lawyer is obliged to have Lawyer's liability insurance in connection with the practice of Law.
g. The Client exercises his rights from defective performance in accordance with the provisions of Section 1914 et seq. of the Civil Code.
h. The Lawyer informs any beneficiaries and depositors that the funds in the custody of the Lawyer are covered by the Deposit Insurance Fund administered by the Financial Market Guarantee System of State Institutions under the conditions of Section 41a et seq. of Act No. 21/1992 Coll., on Banks, as amended, and not by the Lawyer's professional liability insurance in connection with the practice of Law.
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By arrangement with the client
Jeseniova 1151/55, 130 00 Praha 3
navratilova@advokatka-navratilova.cz
+420 728 558 532
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