General Data Protection Regulation

As we have already informed, a new Regulation on Personal Data Protection will apply from May 25th, 2018 (see http://www.baroch-sobota.cz/en/new-european-regulation-on-personal-data-protection).{{READMORE}}

One year before its effect the Office for Personal Data Protection (hereinafter only the “Office”) published on its website two documents regarding the Regulation.

The aim of these documents is to bring the Regulation nearer to the public and to clarify some of the mistakes widespread about the Regulat

Contractual penalty in consumer contracts

In the decision No. 32 ICdo 86/2015 of 28.02.2017, the Supreme Court has decided that it is inadmissible to impose contractual penalties on consumers in annexes of the consumer agreement, as in the general terms and conditions. In the relevant case, there was only a reference to the annexes in the contract itself. The regulation of the contractual penalty was, however, included in general terms and conditions. According to the Supreme Court, this is a vague definition of the contractual penalty which is dif

Damage Caused to the Employee on a Deposited Means of Transport

The Supreme Court of the Czech Republic has recently dealt with the obligation of the employer to compensate the employee for damage to the car of the employee that the employee uses for getting to work and back (decision of the Supreme Court dated 23.01.2017, Reference Number 21 Cdo 2345/2015).

Damage compensation after car accident

In the decision of 27.04.2017, Nr. II. ÚS 795/16, the Constitutional Court dealt with the question whether only the repair costs are to be compensated after an accident, or also the difference between the potential sale price of the vehicle before and after the accident.

Alcohol in the Workplace and Termination of the Employment Relationship

The Supreme Court of the Czech Republic has recently dealt with a question if the entrance of the employee at the workplace under the influence of alcohol can always (without further ado) be assessed as a gross breach in accordance with Section 52 Letter g) of the Labour Code.

Contractual penalty

On 25 January 2017, the Supreme Court adopted Judgment No 23 Cdo 3196/2016, which in interesting way discusses the issue of the contractual penalty.

Renewal of the lease agreement in case of termination of the lease

The Supreme Court of the Czech Republic has recently dealt with a question of the renewal of the lease according to Section 2230 Subsection 1 of the Civil Code (decision of the Supreme Court dated 12.12.2016, Reference Number 26 Cdo 4354/2016).

The Posting of Workers in the framework of EU

On March 8, 2017 the Senate adopted an amendment of the Act on Employment, Labour Code and the Labour Inspection Act. A signature of the president is still necessary for the adoption of the amendment.

The amendment to the Copyright Act

An amendment to the Copyright Act No. 121/2000 Coll. was passed by the Senate in the previous week. It is mainly a question of the late implementation of EU Directive No. 2014/26 / EU. Prior to its entry into force, it still needs to be signed by the President.

Way of Appointing an Arbitrator in an Arbitration Clause

The Supreme Court of the Czech Republic has recently dealt with the question of the way of conclusion of the arbitrator in an arbitration clause (decision as of November 8^th, 2016, Reference Number 23 Cdo 1098/2016).