PRIVACY POLICY NOTICE
When providing legal services, we need to process some of your personal data. This is a contractual requirement and without such personal data we would not be able to provide you with our services. In this notice we would like to advise you, as clients of our law firm, of the ways we process your personal data. First of all, we would like you to know that our law firm places the utmost importance on maintaining the security and confidentiality of your personal data. That is why we do everything we can to comply with the relevant data privacy law and, of course, to maintain the confidentiality of all the facts that we become aware of when providing legal services, as required by the Act on the Legal Profession.
This Privacy Policy shall apply to all data processing we conduct when:
- a) we render agreed legal services, including communication via e-mail or phone,
- b) you visit this website www.koubikovalegal.eu
- c) we comply with our legal duties and obligations and
- d) necessary for the protection of the legitimate interests of our law firm/Controller.
The controller of personal data is Mgr. Silvie FELIX KOUBÍKOVÁ, attorney-at-law with registered offices at Plaská 623/5, 150 01 Prague 5 – Lesser Town, Czech Republic, registered with the Czech Bar Association under no. 14299, registration number: 737 34 101 (“Controller”). Depending on who is responsible for resolving your case within our firm, the cooperating attorneys-at-law can still be the joint controllers with the Controller. These principles of personal data processing also apply to the processing of personal data by cooperating attorneys-at-law. In case of questions regarding the processing of your personal data, or for the purposes of exercising your rights, please contact the Controller.
What categories of personal data do we process about you?
To be able to duly provide our legal services, to comply with our legal duties and obligations and to ensure the protection of our legitimate interests, the categories of personal data we process include without limitation: identification, contact and bank details, marital status and family situation, financial situation, bank account, data on ongoing / terminated / imminent court / execution / administrative proceedings regarding you or other individuals whose personal data you provide us with (e.g. your children). If needed for the due discharge of our contractual obligations, the social security number of yours or your children’s will also be processed. As the case may be (especially should you require our legal services in relation to claims arisen from immaterial harm such as physical injury) and solely to the necessary extent, we will also need to process some special categories of personal data based on Art. 9 (2)(f) of GDPR (such as health data, data on racial or ethnic origin, data on sexual life or sexual orientation, data on possible criminal proceedings and criminal cases). In any case, we will always process only personal data that we evaluate as necessary for the provision of the agreed legal services, i.e., in particular for the purpose of defending your rights and legitimate interests.
What legal regulations govern the processing of your personal data?
When processing your personal data we will abide by the provisions of 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) (better known under the abbreviation of “GDPR”), Act No. 110/2019 Coll., on Personal Data Processing and further by Act No. 85/1996 Coll., on the Legal Profession and relevant professional regulations.
For what purposes and on what legal bases do we process your personal data?
When rendering legal services, we process your personal data for the purposes of negotiating, entering into and performing our contract on the legal basis stipulated in Art. 6(1)(b) of GDPR. For this purpose, we process the personal data for the entire time our legal services are provided to you (duration of the contract) and further for the time necessary for dealing with any complaints or claims for the purposes of protecting our legitimate interests (as further explained below).
As attorneys-at-law we are bound by legal duties that impose processing of personal data (e.g. maintaining client files). For the purposes of compliance with our legal duties on the legal basis stipulated in in Art. 6(1)(c) of GDPR, we process your personal data for as long as required by applicable law, such as Act on Legal Profession, Act on Archiving and Records Management, Act on Selected Measures against Legitimisation of Proceeds of Crime or regulations on taxes and book-keeping etc.
Your personal data may also be used for the purposes of protecting our legitimate interests consisting mainly in the enforcement of our legal claims on the legal basis stipulated in Art. 6(1)(f) of GDPR (typically in cases of claims arising from unpaid invoices). Personal data for such purposes for the duration of the applicable statute-of-limitation periods, unless otherwise stipulated by law applicable to the Controller (e.g. regarding legal professions).
Will your personal data be shared with third parties or transferred outside the Czech Republic?
In order to provide you the highest possible quality of services, we cooperate with third parties that among other things process personal data for us (so called data processors). Such third parties may be e.g. accountant or tax advisor, IT specialist or cooperating attorneys-at-law. While rendering legal services we will also provide your personal data to public authorities (e.g. courts or administrative authorities). However, this is always within the limits of the attorney-at-law's duty of confidentiality. In the event that it is necessary in your particular case (especially in cross-border cases), we will transfer your personal data outside the Czech Republic (e.g. an attorney-at-law who is dealing with your case in another country). Should your personal data be transferred to countries outside the EU/EEA, such transfer will only occur if justified and in strict compliance with all relevant duties arising from GDPR.
What rights do you have in connection with the processing of your personal data?
Right to access: you have the right to obtain from the Controller confirmation as to whether or not your personal data are being processed, and further, for what purposes the processing is conducted and which personal data are being processed, what the envisaged period for which the personal data will be processed is and who the recipients of your personal data.
Right to rectification: concerning your personal data, you have the right to rectification should they be inaccurate, and completion should they be incomplete.
Right to portability: you have the right to ask the Controller that your personal data, in a structured, commonly used and machine-readable format be either provided back to you or directly transmitted to the controller of your choosing. However, given our duty of confidentiality the exercise of this right may not always be enabled to its entire extent, of which we will advise you on a case-by-case basis.
Right to erasure: you have the right to request that the Controller erase your personal data should they be no longer necessary for the purposes for which they were collected or otherwise processed, or should it transpire that they were processed in an unlawful manner. Given that our law firm is bound by the duty to maintain a client file about your case, the exercise of this right may not always be enabled to its entire extent, of which we will advise you on a case-by-case basis.
Right to object against processing: in the case of processing your personal data for the purposes of protecting our legitimate interests, you have the right to raise an objection against such processing upon receipt of which we will cease to further process your personal data for this purpose, unless we demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, especially if the grounds are the enforcement of our legal claims.
Right to restriction of processing: you have the right to contest the accuracy of your personal data, to request to verify its accuracy, to require them for the establishment, exercise or defence of legal claims when the Controller no longer needs them for the purposes of the processing and to object to processing your personal data. In this case, the processing of your personal data will be limited until we jointly agree on another solution. If necessary, in the event of their restriction, we will further process your personal data only with your consent or from the establish, exercise or defend of legal claims, for the protection of the rights of other natural or legal persons or for reasons of important public interest of the Union or of a Member State.
How can you contact us with matters related to data processing?
Should you have any questions or requests related to the processing of your personal data, you may contact us at: info@koubikovalegal.eu. For the purposes of dealing with your requests, we reserve the right to verify your identity in a reasonable manner in order to avoid sharing your personal data with unauthorized individuals or entities.
Where requests are manifestly unfounded or excessive, in particular because of their repetitive nature, we may either charge a reasonable fee taking into account the administrative costs of providing the information or communication or taking the action requested; or refuse to act on the request.
To what public authority can you turn if needed?
Should you feel that we have not enabled the full exercise of your rights, you have the right to turn to the Office for Personal Data Protection (Úřad pro ochranu osobních údajů) with offices at: Pplk. Sochora 27, 170 00 Prague 7, Czech Republic (posta@uoou.cz).