Blog

GDPR and protection of personal data

The law firm Stuchlíková & Partners provides comprehensive legal advice relating to the protection of personal data and the GDPR.

EU-US Privacy Shield may soon not be a guarantee of the legal transfer of personal data to the US under the GDPR

On 5 July 2018, the European Parliament adopted Resolution 2018/2645 (RSP) on the adequacy of the EU-US Privacy Shield for the protection of European citizens when transferring their personal data to the US. This occurred in response to the Facebook-Cambridge Analytica case, when the company had abused Facebook data for more than 2.7 million European citizens in connection with the presidential campaign of Donald Trump.

Luxury goods retailers may choose their distributors

On 6 December 2017, the Court of Justice of the European Union issued a long-awaited judgement in the Coty case. The subject matter of the dispute between a supplier of luxury cosmetics, Coty Germany GmbH, and its authorised distributor, Parfümerie Akzente GmbH, was a contractual ban on using contractual products of third-party platforms for Internet sales. The court had to adjudicate whether such an established system of selective distribution breached in the specific instance the EU regulations protecting fair competition.

Representing a non-profit organisation in a copyright dispute

Stuchlíková & Partners has represented a non-profit media portal for artists Artalk z.s. (www.artalk.cz) in a copyright dispute relating to entitlement and any damages during the use of photography in the “Creative Commons” licensing regime without remuneration.

PSD2 and the new Payment Systems Act

The PSD2 Directive has been implemented into Czech law by the new Act on Payment Systems, no. 370/2017 Coll., which will come into effect on 13 January 2018.

General Data Protection Regulation (GDPR)

The GDPR will come into force on 25 May 2018 and will introduce severe sanctions of up to EUR 20 million or 4% of annual global turnover for cases of breaching the obligations relating to personal data.

Supreme Administrative Court - Even someone committing a crime is entitled to personal data protection

The Supreme Administrative Court recently decided on an important dispute related to balancing the rights for personal data protection and the protection of property. This case, which was a hot topic among the professional and general public, concerned the penalties of the Personal Data Protection Office imposed on an operator of an electric bicycle rental business who disclosed on social media photos from security cameras of a person accused of stealing bicycles at their premises.

Endowments and foundations

Stuchlíková & Partners has prepared for its clients an analysis of non-profit objectives relating to endowments and foundations in English.

Stricter rules for granting employment cards to corporate members

With respect to the last amendment to Act no. 326/1999 Sb. on the residence of foreign nationals in the Czech Republic (the “Act”), several important changes have occurred, among others, also for members of the executive bodies of companies. Up to the time of the amendment, foreigners in the position of a partner, member of the executive body, or another corporate body could apply for a long-term business visa and also an employment card, provided that an employment permit was issued in this context.

Amendment to the Act on the Residence of Foreign Nationals in the Czech Republic

On 1 August 2017, Amendment no. 222/2017 Sb. was published in the Collection of Laws, which amends Act no. 326/1999 Sb. on the Residence of Foreign Nationals in the Czech Republic, referred to as the Foreigners Act. The act comes into effect on 15th day after its publication, which means 15 August 2017.