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What new does the draft law on cybersecurity bring, not only in the area of sanctions for its violation? (CZ)
Dec 2024
The draft law on cyber security (parliamentary press no. 759) is a transposition of the European security directive NIS 2. In addition to implementing the European regulation into the Czech legal system, its main purpose is to set at least a basic level of cyber security in organizations that provide their services in sectors important for the functioning of the state, such as energy, state administration, the food industry or healthcare.
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GDPR complaint handling process – why are more detailed adjustments needed and what changes can be expected? (CZ)
Dec 2024
Anyone who is a data subject under the General Data Protection Regulation (hereinafter referred to as “GDPR”)[1] and who believes that their personal data protection rights are not sufficiently respected has the right to lodge a complaint with a supervisory authority in accordance with Article 77 of the GDPR.
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The Supreme Court on the issue of the employee’s obligation to undergo testing chosen by the employer according to an emergency measure of the Ministry of Health (CZ)
Sep 2024
In a recent judgment, case number 21 Cdo 3100/2023, dated June 27, 2024, the Supreme Court of the Czech Republic addressed the question of whether an employer is entitled to require an employee to undergo a specific method of testing pursuant to an emergency measure of the Ministry of Health, and whether and under what conditions an employee may request a different method of testing.
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Employer’s liability for an employee’s unlawful act in relation to a consumer (CZ)
Aug 2024
The article deals with the issue of employer liability for the unlawful conduct of an employee in relation to a consumer. It discusses the legal framework governing this issue and analyses specific cases where an employer may be liable for damages caused by its employees. The author focuses on the legal consequences for companies and emphasises the importance of having properly set internal processes and control mechanisms in place to minimise the risk of legal disputes and financial penalties.
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What will the amendment to the insolvency law bring? (CZ)
Jul 2024
On 11 May 2024, the Senate approved a controversial amendment to Act No. 182/2006 Coll., on bankruptcy and methods of its resolution (Insolvency Act) (hereinafter referred to as the “Amendment”). This Amendment, which is currently submitted to the President for signature, transposes into the Czech legal order the regulation contained in Directive 2019/1023 of the European Parliament and of the Council of 20 June 2019, which was to be implemented by 17 July 2021 (hereinafter referred to as the “Directive”).
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Amendment to the Act on the Transformation of Commercial Companies (CZ)
Jul 2024
On June 19, 2024, the long-awaited amendment to Act 125/2008 Coll., on the transformation of commercial companies and cooperatives (hereinafter referred to as the “Act”) was published in the Collection of Laws, under No. 62/2024 Coll. (hereinafter referred to as the “Amendment”). The primary objective of the Amendment is to transpose Directive (EU) 2019/2121 of the European Parliament and of the Council of 27 November 2019 (hereinafter referred to as the “Directive”) into the Czech legal system. The transposition deadline for the Directive expired on January 31, 2023, so Czech legislation is more than a year and a half late with its transposition, however, legislators have now managed to bring the Amendment to a successful conclusion.
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DORA regulation: key to the financial sector’s resilience to digital threats (CZ)
Jun 2024
In today's highly digitized world, a wide range of institutions, from governments to hospitals to various business entities, are facing cyber attacks. Cyber security and resilience to cyber attacks have become a relatively big topic in developed countries. Financial entities are also not immune to attacks. As the use of information and communication technology (hereinafter referred to as "ICT") has acquired a key role in the provision of financial services in recent decades, to the extent that it is of fundamental importance in the performance of the usual routine functions of all financial entities, preventing cyber attacks poses a complex challenge for financial entities.
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Preparation, content and review of the relationship report (CZ)
May 2024
Among the regularly prepared mandatory documents within business corporations is also a report on relationships, which focuses on the relationships between persons within a business group. In this article, we will take a closer look at the process of its preparation, mandatory content requirements and, last but not least, the issue of its possible expert review ordered by the court.
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Certainty of the definition of the type of costs in the qualification agreement (CZ)
May 2024
The normative anchoring of the qualification agreement institute, the general content of which is an agreement between the employer and the employee that the employer will allow the employee to increase (or deepen) their qualifications and the employee will subsequently remain employed by the employer for the agreed period, or will reimburse the employer for the costs associated with increasing (or deepening) their qualifications, has been part of the legal order of the Czech Republic since its independent establishment.
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Compensation for damage by restoring the item to its original condition (CZ)
May 2024
Restoring the property to its previous state, or restitution in kind (restitutio in integrum), is the legally preferred method of compensating for material damage. How do courts view this method of redressing damage? What obligations arise from their judicial practice? This article deals with the conditions of restitution in kind contained in both the new and the older case law.
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Where are employee shares headed? (CZ)
Apr 2024
The acquisition of shares by employees of joint-stock companies is an issue that is often discussed in the Czech environment, but critical voices are repeatedly heard when evaluating the current legal regulation. This situation has not changed since the beginning of the introduction of this institute in the Commercial Code. The so-called financial participation of employees, one of the forms of which is employee stock (option) plans (Employee Stock Ownership (Option) Plan – ESOP), is intensively discussed and supported at the European level, however, according to comparative reports, the Czech regulation lags behind the European average in terms of support for employee participation.
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The Act on Mass Civil Litigation will improve consumer protection when enforcing their claims (CZ)
Mar 2024
The long-awaited draft law on mass civil litigation (hereinafter referred to as the "Act") is currently before the third reading in the Chamber of Deputies, which aims to introduce the institution of so-called mass actions, known mainly from the United States of America, into the Czech legal system. This article briefly discusses the current legal regulation and the objectives and selected specifics of the Act.
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What new does the draft law on cybersecurity bring, not only in the area of sanctions for its violation? (CZ)
Dec 2024
The draft law on cyber security (parliamentary press no. 759) is a transposition of the European security directive NIS 2. In addition to implementing the European regulation into the Czech legal system, its main purpose is to set at least a basic level of cyber security in organizations that provide their services in sectors important for the functioning of the state, such as energy, state administration, the food industry or healthcare.
Open in new windowGDPR complaint handling process – why are more detailed adjustments needed and what changes can be expected? (CZ)
Dec 2024
Anyone who is a data subject under the General Data Protection Regulation (hereinafter referred to as “GDPR”)[1] and who believes that their personal data protection rights are not sufficiently respected has the right to lodge a complaint with a supervisory authority in accordance with Article 77 of the GDPR.
Open in new windowThe Supreme Court on the issue of the employee’s obligation to undergo testing chosen by the employer according to an emergency measure of the Ministry of Health (CZ)
Sep 2024
In a recent judgment, case number 21 Cdo 3100/2023, dated June 27, 2024, the Supreme Court of the Czech Republic addressed the question of whether an employer is entitled to require an employee to undergo a specific method of testing pursuant to an emergency measure of the Ministry of Health, and whether and under what conditions an employee may request a different method of testing.
Open in new windowEmployer’s liability for an employee’s unlawful act in relation to a consumer (CZ)
Aug 2024
The article deals with the issue of employer liability for the unlawful conduct of an employee in relation to a consumer. It discusses the legal framework governing this issue and analyses specific cases where an employer may be liable for damages caused by its employees. The author focuses on the legal consequences for companies and emphasises the importance of having properly set internal processes and control mechanisms in place to minimise the risk of legal disputes and financial penalties.
Open in new windowWhat will the amendment to the insolvency law bring? (CZ)
Jul 2024
On 11 May 2024, the Senate approved a controversial amendment to Act No. 182/2006 Coll., on bankruptcy and methods of its resolution (Insolvency Act) (hereinafter referred to as the “Amendment”). This Amendment, which is currently submitted to the President for signature, transposes into the Czech legal order the regulation contained in Directive 2019/1023 of the European Parliament and of the Council of 20 June 2019, which was to be implemented by 17 July 2021 (hereinafter referred to as the “Directive”).
Open in new windowAmendment to the Act on the Transformation of Commercial Companies (CZ)
Jul 2024
On June 19, 2024, the long-awaited amendment to Act 125/2008 Coll., on the transformation of commercial companies and cooperatives (hereinafter referred to as the “Act”) was published in the Collection of Laws, under No. 62/2024 Coll. (hereinafter referred to as the “Amendment”). The primary objective of the Amendment is to transpose Directive (EU) 2019/2121 of the European Parliament and of the Council of 27 November 2019 (hereinafter referred to as the “Directive”) into the Czech legal system. The transposition deadline for the Directive expired on January 31, 2023, so Czech legislation is more than a year and a half late with its transposition, however, legislators have now managed to bring the Amendment to a successful conclusion.
Open in new windowDORA regulation: key to the financial sector’s resilience to digital threats (CZ)
Jun 2024
In today's highly digitized world, a wide range of institutions, from governments to hospitals to various business entities, are facing cyber attacks. Cyber security and resilience to cyber attacks have become a relatively big topic in developed countries. Financial entities are also not immune to attacks. As the use of information and communication technology (hereinafter referred to as "ICT") has acquired a key role in the provision of financial services in recent decades, to the extent that it is of fundamental importance in the performance of the usual routine functions of all financial entities, preventing cyber attacks poses a complex challenge for financial entities.
Open in new windowPreparation, content and review of the relationship report (CZ)
May 2024
Among the regularly prepared mandatory documents within business corporations is also a report on relationships, which focuses on the relationships between persons within a business group. In this article, we will take a closer look at the process of its preparation, mandatory content requirements and, last but not least, the issue of its possible expert review ordered by the court.
Open in new windowCertainty of the definition of the type of costs in the qualification agreement (CZ)
May 2024
The normative anchoring of the qualification agreement institute, the general content of which is an agreement between the employer and the employee that the employer will allow the employee to increase (or deepen) their qualifications and the employee will subsequently remain employed by the employer for the agreed period, or will reimburse the employer for the costs associated with increasing (or deepening) their qualifications, has been part of the legal order of the Czech Republic since its independent establishment.
Open in new windowCompensation for damage by restoring the item to its original condition (CZ)
May 2024
Restoring the property to its previous state, or restitution in kind (restitutio in integrum), is the legally preferred method of compensating for material damage. How do courts view this method of redressing damage? What obligations arise from their judicial practice? This article deals with the conditions of restitution in kind contained in both the new and the older case law.
Open in new windowWhere are employee shares headed? (CZ)
Apr 2024
The acquisition of shares by employees of joint-stock companies is an issue that is often discussed in the Czech environment, but critical voices are repeatedly heard when evaluating the current legal regulation. This situation has not changed since the beginning of the introduction of this institute in the Commercial Code. The so-called financial participation of employees, one of the forms of which is employee stock (option) plans (Employee Stock Ownership (Option) Plan – ESOP), is intensively discussed and supported at the European level, however, according to comparative reports, the Czech regulation lags behind the European average in terms of support for employee participation.
Open in new windowThe Act on Mass Civil Litigation will improve consumer protection when enforcing their claims (CZ)
Mar 2024
The long-awaited draft law on mass civil litigation (hereinafter referred to as the "Act") is currently before the third reading in the Chamber of Deputies, which aims to introduce the institution of so-called mass actions, known mainly from the United States of America, into the Czech legal system. This article briefly discusses the current legal regulation and the objectives and selected specifics of the Act.
Open in new window