Blog
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. Among other things, the analysis takes up the differences between an endowment and a foundation under Czech law and the advantages of the specific forms of foundations for a client’s intentions. The analysis also includes the Payments Act and obtaining approval from the Czech National Bank.
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. The amendment should make the conditions for the residence of foreign nationals more stringent and restrict in particular economic migration.
New obligations for search engines, cloud services, and online markets
On 1 August 2017, an amendment to Act no. 181/2014 Sb., on Cyber-Security came into effect. This amendment, prepared by the National Security Office, transposes into Czech law Directive (EU) 2016/1148 of 6 July 2016 concerning measures for a high common level of security of network and information systems across the Union. A significant change already implemented by the amendment is the establishment of the National Office for Cyber and Information Security in Brno.
Crowdfunding
Stuchlíková & Partners has prepared for its client a business plan analysis relating to equity crowdfunding. By way of equity crowdfunding, most of the public is offered investment in companies or specific property intended for investment. With equity crowdfunding, the investor becomes the owner of shares or interest, and the amount of the co-ownership should be based on the resources invested. Among other things, the analysis takes up the functioning of equity crowdfunding in the Czech Republic under the Capital Markets Act, the Act on Investment Companies and Investment Funds, and the Act on the Provision of Payment Services.
European Patent Application
Stuchlíková & Partners provides in cooperation with leading patent attorneys comprehensive legal advice for preparing and filing European patent applications and representation before the European Patent Office (EPO). The legal services include advice on selection of an appropriate strategy for patent protection of inventions in the Czech Republic and abroad. During preparation of the patent application, it should be kept in mind that a patent may only be granted for an invention that is completely new worldwide.
Representation in a domain dispute
Stuchlíková & Partners represents its client in domain disputes relating to generic .com domains based on the Uniform Domain-Name Dispute-Resolution Policy (UDRP) issued by ICANN (Internet Corporation for Assigned Names and Numbers). The subject matter of the dispute is a conflict of domain names with the trademarks of another entity.