Publications

Published articles and legal opinions

The latest publications and insights from our lawyers (machine translations from the Czech language).

Copyright Civil Law Corporate Law Other Employment Law IT Law Family Law Constitutional Law and Criminal Law
IT Law
2026/10/29

When Code is Not Written by a Human (from the Perspective of Copyright Law)

An increasingly higher percentage of computer programme code is in practice being created through tools based on so-called artificial intelligence. The code of such a computer programme is therefore not "written" by a human being, but rather is the output of neural networks arising on the basis of an instruction (prompt) given by a human being. It can be expected that this trend will continue in the future.

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IT Law
2026/10/29

When Code is Not Written by a Human (from the Perspective of Copyright Law)

An increasingly higher percentage of computer programme code is in practice being created through tools based on so-called artificial intelligence. The code of such a computer programme is therefore not "written" by a human being, but rather is the output of neural networks arising on the basis of an instruction (prompt) given by a human being. It can be expected that this trend will continue in the future.

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Constitutional Law and Criminal Law
2026/10/07

CJEU Judgment in Aldi Süd (C‑330/23) – Presentation of Discounts

In 2023, provision § 12a was added to Act No. 634/1992 Coll., on Consumer Protection, as amended (hereinafter referred to as the "Consumer Protection Act"), which regulates the obligations of traders when providing information about price reductions on products. We have comprehensively informed APEK members about this issue.

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Civil Law
2026/08/28

Directive on liability for defective products

In this legal circular, we will address the new EU Directive on liability for defective products. We note that directives, unlike EU regulations, do not have direct effect in the territory of the Czech Republic and therefore require the adoption of implementing legislation. The Directive on liability for defective products was adopted by the Council of the European Union on 10 October 2024, and is currently awaiting publication in the Official Journal of the EU. EU Member States will then have 2 years to implement it into national law. The aforementioned Directive is to replace the currently effective Directive 85/374/EEC on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products, which is transposed into Czech law by the provisions of Sections 2939 to 2943 of the Civil Code.

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Other
2026/07/31

Consumer Collective Actions

From 1 July 2024, the long-awaited and much-discussed Act on Collective Civil Proceedings and related amendments to other regulations, in particular the Code of Civil Procedure, entered into force. The new regulation is based on the EU Directive on representative actions for the protection of the collective interests of consumers. It enables consumers and small entrepreneurs to sue the same entrepreneur jointly in one set of proceedings. Collective actions are a fundamental novelty in the Czech legal order, therefore we consider it appropriate to summarise in this legal bulletin some basic information on this issue and its potential impact on online traders. Although the impacts of the new legislation on practice will not be immediate.

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Other
2026/06/13

Comprehensive Sports Act as an Opportunity for a More Stable Sports Environment

Czech sport has long lacked a comprehensive legal framework that would correspond to its true significance for society. Sport today cannot be perceived merely as a leisure activity or an area of interest-based activity. It is of fundamental importance for the health of the population, the upbringing of children and youth, community life, the prevention of negative social phenomena and the representation of the Czech Republic abroad. Despite this, its legal regulation is currently fragmented amongst a number of general legal regulations and the existing Act on the Promotion of Sport addresses only part of the entire issue. In practice, this brings uncertainty not only to sports clubs and associations, but also to coaches, sportspersons, volunteers, municipalities and other entities that participate in the functioning of sport. It is precisely for this reason that the preparation of a new comprehensive Act on Sport is one of the most important legislative topics in this area.

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Family Law
2026/06/10

Non-functioning Scope of Care for a Child. The Path Through the Use of Therapy and Other Measures Pursuant to Section 503 of the Act on Special Court Proceedings

The new legal regulation in the area of family law, effective from January 2026, introduces, inter alia, a change in terminology – instead of the previous term contact of a parent with a child, it works with the broader concept of the extent of care, as also follows from the provisions of Section 887 of Act No. 89/2012 Coll., the Civil Code (hereinafter also referred to as "CC"). This is not merely a linguistic change. This shift emphasises that the relationship between a child and a parent cannot be reduced solely to temporally defined contact, but that it is part of broader parental responsibility and care for the child in all its complexity. Both parents continue to remain holders of full parental responsibility – and this is key to understanding how parental roles should function even after divorce or separation of unmarried parents.

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Civil Law
2026/05/16

Decision of the CJEU in the case of Conny GmbH (C-400/22) – the so-called payment button

The relatively controversial legal regulation of the so-called order or payment button enjoys well-deserved attention among Czech online traders. This relatively new "institute" in our jurisdiction has recently become the subject of a decision by the Court of Justice of the European Union in the case of Conny GmbH (C‑400/22). We therefore consider it beneficial to address in this legal circular the conclusions which the court reached in this decision.

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Family Law
2026/04/21

New Regulation: A Faster and More Peaceful Path to Divorce

Divorce need not be a battle. The new legal regulation valid from 2026 opens up for spouses who are able to communicate with each other a path to divorce by agreement – faster, less costly and with a greater chance of maintaining proper relations even after the end of the marriage.

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Constitutional Law and Criminal Law
2026/04/03

Obligations Connected with the Sale of Precious Metals and Precious Stones

Act No. 253/2008 Coll., on Certain Measures against the Legalisation of Proceeds of Crime and the Financing of Terrorism (hereinafter referred to as the "AML Act") expressly stipulates, as of 1 May 2024, that an obliged person (povinná osoba) also includes a trader in precious metals or precious stones in transactions with a value of EUR 10,000 or higher. This regulation therefore also applies to online traders who offer such goods. The list of specific metals and stones that are considered precious is set out in Annex No. 1 to the AML Act (e.g. gold, silver, platinum, or diamonds, rubies, emeralds). However, an obliged person may also be a trader who trades in goods made from the aforementioned materials (e.g. luxury watches, etc.), provided that the value of the precious metal or stone contained in the relevant goods reaches the aforementioned limit.

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Civil Law
2026/02/21

Warranty for Quality II.

In the preceding circular, we devoted our attention to general information regarding the new legal regulation of the warranty for quality. We mentioned that the warranty for quality must necessarily be distinguished from the "ordinary" statutory liability of the seller for defects in goods, under which the seller is, inter alia, liable to the consumer for a defect which "manifests itself on the item within two years of taking delivery". A warranty therefore comprises only those cases where additional rights are granted to the buyer beyond the scope of his statutory rights arising from liability for defects (a warranty for quality cannot be provided in respect of those rights which the buyer already has directly under the law). In this legal circular, we shall address certain other aspects of this institute.

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Civil Law
2026/01/20

Warranty for Quality

In the area of warranty for quality, relatively chaotic legislative development has occurred in the Czech Republic over the past 15 years. Not only among the lay public may there thus exist certain doubts about what is actually meant by warranty for quality and what rules actually apply here. For these reasons as well, we therefore consider it beneficial in this legal circular to summarise at least the basic information on this issue. We will possibly address the formal requirements for providing warranty for quality at some point in the future.

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Constitutional Law and Criminal Law
2025/12/19

Regulation on General Product Safety

In this legal circular, we will address for the first time the new EU Regulation on general product safety. We remind that, unlike EU directives, which require implementation into national law, regulations have direct effect in the territory of the Czech Republic (meaning that the adoption of an implementing act is not required). The Regulation on general product safety entered into force in May 2023 and comes into effect on 13 December 2024. On that date, the existing legal framework represented by Directive 2001/95/EC on general product safety, which is transposed into Czech law by Act No. 102/2001 Coll., on general product safety, as amended, will therefore be replaced.

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Constitutional Law and Criminal Law
2025/12/07

Obligations of the seller in marking goods

In this legal circular, we shall address the obligations of sellers in the labelling of goods. First and foremost, it must be stated that there are numerous legal regulations governing the labelling of goods (particularly European regulations, in light of which Czech legal regulation is also diverse), whereby they differ primarily depending on the nature of the goods being sold. European regulations separately regulate in particular the labelling of foodstuffs including spirits, footwear and textiles, tobacco products and hazardous substances. These are therefore products in respect of which it was necessary, particularly for reasons of consumer protection, to adopt stricter legal regulation. Given the extensive body of legal regulation, in this legal circular we shall address the matter rather on a general level, with reference to certain specific cases.

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Constitutional Law and Criminal Law
2025/11/08

The Last Resort of Defence? What to Expect from the European Court of Human Rights

When domestic courts do not help, only Strasbourg remains. However, the path to the European Court of Human Rights is not simple – the vast majority of applications are rejected on purely formal grounds. How to avoid this and when does an application have a real chance of success?

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IT Law
2025/10/08

Digital Services Act – Obligations in Storing User Content

In this legal bulletin as well, we will address in greater detail the EU Regulation on Digital Services (Digital Services Act), which enters into force on 17 February 2024. Specifically, we will examine the new obligations it introduces for all internet entrepreneurs who engage in storing any user-generated content. This does not concern only hosting companies, but also, for example, persons who operate discussion forums, publish user reviews or store any other content created by users. Some of these persons (operators of marketplaces or other platforms) are additionally subject to other specific obligations; however, in this legal bulletin we will focus only on those general obligations which should be fulfilled by all persons storing user-generated content.

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IT Law
2025/08/24

Digital Services Act – Certain Obligations of Platforms towards Online Traders

With the approaching effectiveness of the DSA, as the EU Regulation on Digital Services (Digital Services Act) is abbreviated, articles from this area will increase in the media. For these reasons, we consider it useful to recall once again that the DSA Regulation enters into force on 17 February 2024 and that for those traders who are engaged only in the sale of goods on the internet, it should not bring any substantial regulatory burden. The impacts on traders will be rather of an indirect nature, as a consequence of new obligations imposed on online platforms that facilitate internet sales. In this legal newsletter, we will address one of these, namely the enabling of the fulfilment of traders' legal obligations by the operator of such a platform, which takes the form of an online marketplace.

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Civil Law
2025/07/25

Judgment of the CJEU in Case Verein für Konsumenteninformation v. Sofatutor GmbH (C‑565/22) – withdrawal from a contract for the provision of services (on a subscription basis)

In our legal circulars, we most frequently address issues concerning the sale of tangible goods to consumers. However, an increasing number of traders and several members of APEK offer consumers services in the internet environment, including services provided on a subscription basis. For these reasons, we shall today take a closer look at a recent and rather interesting judgment of the Court of Justice of the European Union in the case of Verein für Konsumenteninformation v. Sofatutor GmbH (C‑565/22). The subject matter of this judgment was specifically the issue of withdrawal from a contract for the provision of services by a consumer (without stating reasons).

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Civil Law
2025/06/22

Confirmations provided to the consumer in connection with the contract of sale

In this legal circular, we shall examine more closely cases where the law requires a trader to provide certain confirmation to a consumer within the contracting process (within the process of concluding a contract) or after the completion of this process. The existence of some of these obligations may logically also affect the functionality of the software solution used by the trader for operating an online shop (in the sense of the need to automate some of these steps).

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IT Law
2025/05/14

Transfer of Personal Data to the USA (EU-US Data Privacy Framework)

In 2020, the Court of Justice of the European Union annulled, by judgment in Schrems II, the Commission's adequacy decision concerning the protection afforded by the EU-U.S. Privacy Shield. On the basis of this shield, it was possible to transfer personal data to the United States to certain companies. The Court found in this case that the model chosen by the Commission did not ensure a sufficient level of protection for personal data transferred to the USA, since U.S. authorities could access and process such data for national security purposes without adequate safeguards and limitations. Since the adoption of this decision, there has been no legally straightforward model on the basis of which such transfers of personal data to the USA could take place lawfully (although the practice of multinational companies in particular has not changed significantly in this area).

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Constitutional Law and Criminal Law
2025/04/16

Notification of provision of personal data to another recipient

In the event that personal data processed by a trader is disclosed to another person, the trader, as the so-called controller of personal data (správce osobních údajů), should fulfil the information obligation towards data subjects regarding this fact. This applies not only to situations where personal data is disclosed to another controller (who will subsequently process such personal data independently on their own responsibility, independently of the trader), but also to cases where personal data is made accessible to so-called processors (zpracovatelé), that is, a person who processes personal data for the trader (for example, hosting companies, software companies ensuring the operation of an e-shop for the trader, etc.). We shall examine more closely in this legal circular the manner in which this information obligation should be fulfilled in practice. However, for the avoidance of all doubt, we prefer to mention at the outset that we are addressing this issue for those cases where the disclosure of personal data takes place within the European Union (and not to a third country outside the EU).

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IT Law
2025/03/05

European Regulation for the field of AI

The Regulation of the European Union on Artificial Intelligence represents a fundamental step towards the regulation of this dynamically developing technology. Regulation of the European Parliament and of the Council (EU) 2024/1689 lays down uniform rules for the development, placing on the market and operation of artificial intelligence (AI) systems with the aim of ensuring their safety, transparency and trustworthiness. The regulation aims to protect fundamental human rights, prevent discrimination and establish the liability of companies developing and using AI systems.

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Civil Law
2025/02/14

Withdrawal from Contract by the Consumer and Mutual Return of Performance

In the event that a consumer withdraws from a purchase contract without stating a reason (pursuant to Section 1829 of the Civil Code), such purchase contract ceases to exist and the contracting parties are required to return to each other the performance that was provided on the basis thereof. Given that the obligations of the parties in returning performance are regulated by law in greater detail, we have decided to devote this legal circular to them.

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Civil Law
2025/01/04

Oversized Goods and Withdrawal from Contract by the Consumer

In connection with European legal regulations, the Civil Code expressly regulates situations regarding withdrawal from a purchase contract by a consumer in respect of goods which cannot be sent by ordinary postal transport. In the language of the law, this concerns such goods which, "due to their nature, cannot be returned by the usual postal route." Given that this is an issue which some traders encounter frequently in practice (with regard to the range of goods offered), we have decided to dedicate this legal circular to it.

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Civil Law
2024/11/17

Non-collection of goods by the buyer (internet sale)

In practice, internet retailers are frequently troubled by situations where a customer fails to collect goods being sent to them by the seller. This occurs both in cases of delivery of goods immediately after conclusion of the purchase contract and in cases of delivery of goods to the customer following repair of goods under complaint. This legal circular will therefore be devoted to how the law, specifically the Civil Code, views these situations.

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IT Law
2024/10/19

Digital Services Act (Nařízení o digitálních službách) – Basic Information

On 19 October 2022, the long-awaited regulation of the European Union, which is abbreviated as the Digital Services Act, entered into force. We recall that where the European legislator chooses the form of a regulation for a legal norm, its incorporation into the national legal orders of the Member States is no longer necessary (unlike a directive). The Digital Services Act will thus acquire direct effect in the territory of the Czech Republic on 17 February 2024.

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Employment Law
2024/10/01

Changes to the Labour Code

The year 2024 brings two amendments to the Labour Code, which contain a number of changes in the area of employment law relations. Given the scope of these changes, we have decided to devote this double issue of the legal bulletin to them. The first partial amendment to the Labour Code, carried out by Act No. 230/2024 Coll., has dual effectiveness, whereby some changes entered into force as of 1 August 2024 and some changes will enter into force as of 1 January 2025. However, more fundamental changes are to be implemented only within the framework of the so-called flexible amendment, which is currently being discussed by the Chamber of Deputies of the Czech Republic, with its effectiveness also expected as of 1 January 2025.

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Constitutional Law and Criminal Law
2024/09/22

Notification Obligation of Operators of Digital Platforms in the Sharing Economy

On 1 January 2023, an amendment to Act No. 164/2013 Coll., on International Cooperation in Tax Administration and on the Amendment of Other Related Acts, as amended (hereinafter referred to as the "Act on International Cooperation in Tax Administration"), entered into force. The amendment in question implements EU legal acts and introduces a new reporting obligation for operators of so-called sharing economy platforms. The purpose of the new legislation is to provide the tax administrator with information about persons conducting business through digital sharing economy platforms for the purpose of their proper taxation.

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Civil Law
2024/08/23

Act on Collective Civil Court Proceedings

Dieselgate, 'excessive' banking fees for loans or fraud in bonds – cases from recent years where the institute of collective actions would have facilitated and made cheaper the enforcement of claims. At that time, however, collective actions were not possible under Czech law. Now we have this possibility in our country as well – consumers may seek compensation for damage in collective proceedings.

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Civil Law
2024/08/03

Sale of Defective Goods

One of the issues to which we have not yet devoted closer attention in legal circulars is the legal regulation in the area of sale of goods with a defect (that is, with a defect of which the trader knows in advance). The case of goods with a defect must be distinguished from situations where used goods are being offered and sold, and naturally also from situations of ordinary offering and sale of defect-free goods (where a defect manifests itself in such goods only subsequently).

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Constitutional Law and Criminal Law
2024/06/28

New Regulation of Intermediary Platforms

In recent years, attention has begun to be paid to the regulation of so-called intermediary platforms (online marketplaces), including with regard to the significant position that some of them enjoy within e-commerce. First, the Regulation on promoting fairness and transparency for business users of online intermediation services entered into force, which primarily addresses the content of contractual relationships between the platform operator and individual traders. The so-called Omnibus Directive then included provisions that impose certain obligations on platform operators towards consumers as well.

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Employment Law
2024/05/26

Judgment of the Supreme Court of the Czech Republic – electronically concluded employment law contracts

A major problem in practice in the field of labour law is the requirement for a highly formalised procedure for the delivery of documents between employer and employee. In most cases, it is necessary to deliver important documents to the employee in paper form at the workplace. The question of whether this procedure for delivering documents must also be applied in the case of concluding contracts between employer and employee was recently addressed by the Supreme Court of the Czech Republic. In an interesting judgment file No. 21 Cdo 2061/2021, the court specifically dealt with the legal question of whether an agreement between an employee and an employer acting at a distance can be validly concluded even under the assumption that the statutory requirements for delivering documents were not complied with in the delivery of documents containing the offer of the agreement and its acceptance.

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Constitutional Law and Criminal Law
2024/04/28

Decision of the Supreme Administrative Court – prohibition of sale on state and other public holidays

We have already addressed the issue of Act No. 223/2016 Coll., on Trading Hours in Retail and Wholesale Trade, as amended (hereinafter referred to as the "Act on Trading Hours"), in previous legal circulars (No. 10/2016). The Supreme Administrative Court has now published another judgment in a series of court disputes between a major Czech internet retailer (hereinafter referred to as the "trader") and the Czech Trade Inspection Authority (hereinafter referred to as the "ČOI"), which addresses uncertainties associated with internet sales in relation to the restrictions imposed by this Act. This decision follows on from earlier judgments, including the judgment of the Supreme Administrative Court of 12 July 2021, ref. No. 4 As 349/2020 – 63, which dealt with the same issue and which we reported on in detail in legal circular No. 10/2021.

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Constitutional Law and Criminal Law
2024/03/28

Instructions for Use

The amendment to the Civil Code and the Consumer Protection Act effective from 6 January 2023 brought, among other things, a different legal regulation in the area of instructions for use (within the framework of the trader's information obligations towards the consumer).

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Constitutional Law and Criminal Law
2024/02/25

Extension of the Supervisory Powers of the Czech Trade Inspection Authority

The Government's draft Act, which is to significantly amend the provisions of the Civil Code and the Consumer Protection Act, about which APEK is informing its members in detail, is also to bring substantial changes to the scope of supervisory activities of the Czech Trade Inspection Authority (the same scope of this power is to be established for municipal trade licensing offices as well). Given that traders encounter inspections by the ČOI very frequently in practice, it is, in our opinion, appropriate to pay attention to this issue as well.

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Copyright
2024/01/28

New Regulation of Remuneration for Creative Professions

From January 2023, new statutory rules for the remuneration of creative professions apply in the Czech Republic. By creative professions we mean in this context not only the shining stars of television series, but also crowds of graphic designers, copywriters, animators, photographers, creators of advertising music, that is, all those whose outputs from their activities are protected by copyright law. How these legislative changes came about and what the current situation is, we shall examine in greater detail in this article.

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Civil Law
2023/12/30

Judgment of the CJEU Fuhrmann-2-GmbH v B. (C 249/21) - order button

Even before the so-called button regulation amendment arrives in the legal order of the Czech Republic with approximately a ten-year delay, this issue has already come before the Court of Justice of the European Union. We recall that this concerns the provision of Article 8(2) of the Consumer Rights Directive, which reads: Where the order is placed by clicking a button or similar function, the button or similar function must be labelled in an easily legible manner only with the words 'order with obligation to pay' or a corresponding unambiguous formulation indicating that placing the order entails an obligation to pay the trader.

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Civil Law
2023/12/03

Judgment of the CJEU in Case Tiketa (C-536/20) – fulfilment of information obligations by a trader

Recently, an interesting judgment of the Court of Justice of the EU in the case of Tiketa (C-536/20) was published, to which we devote this legal circular. Within this judgment, preliminary questions referred by the Supreme Court of Lithuania concerning the interpretation of certain provisions of the Consumer Rights Directive (hereinafter "the Directive") were addressed. From the perspective of online traders, those conclusions which the Court reached in connection with the information obligations of traders towards consumers are particularly interesting.

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Constitutional Law and Criminal Law
2023/11/05

Handling of Complaints

During the course of last year, we informed members on several occasions, including within legal circulars, about the proposed amendment to the Act on Consumer Protection, also in connection with the adoption of the so-called harmonisation directive. However, the legislative process in the Czech Republic subsequently came to a considerable halt, meaning that the planned changes have not yet been implemented (despite the fact that this should already have occurred). Nevertheless, it can be assumed that this state of affairs cannot last forever. For these reasons, we therefore consider it beneficial to address in this legal circular the proposed changes in the regulation of complaint handling, as this is an issue that traders encounter very intensively. Specifically, we shall examine the proposed changes to Section 19 of the Act on Consumer Protection.

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Employment Law
2023/09/28

Amendment to the Labour Code

On 19 September 2023, the long-awaited amendment to the Labour Code (published in the Collection of Laws under No. 281/2023 Coll.) entered into force. The majority of the changes take effect as of 1 October 2023. The remaining part takes effect as of 1 January 2024. Below we provide an overview of the most significant areas affected by the amendment to the Labour Code.

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Constitutional Law and Criminal Law
2023/09/04

Decision of the Supreme Administrative Court - prohibition of sale on state and other holidays

Within this legal circular, we summarise a recently published decision of the Supreme Administrative Court of the Czech Republic (hereinafter "SAC"), which concerns the prohibition of sales during state and other public holidays. This prohibition, stemming from Act No. 223/2016 Coll., on Sales Hours in Retail and Wholesale Trade, as amended (hereinafter "the Sales Hours Act"), applies only to certain shops. In general, the prohibition is primarily directed against brick-and-mortar shops (premises) whose sales area exceeds 200 m2, but does not apply, for example, to pharmacies or petrol stations. We addressed the regulation itself in more detail in Legal Circular No. 10/2016, where we could only state that the Sales Hours Act does not expressly reflect internet sales in any way, whilst the legal status of internet shops may thus not be entirely clear.

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Civil Law
2023/08/06

Reimbursement of Costs Related to a Complaint

After a considerable period, within the framework of the legal bulletin, we shall address the issue of reimbursement of costs related to a complaint (reimbursement of costs related to the exercise of rights arising from liability for defects in goods). This area must be carefully distinguished from situations where a consumer withdraws from a purchase contract without stating reasons. In the case of such withdrawal from a contract, various costs may likewise arise for the parties; however, the legal regulation in this area is different. In the case of a complaint, the contract continues to subsist, whereby the buyer 'merely' exercises his rights arising from liability for defects (believes that the goods are defective).

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Constitutional Law and Criminal Law
2023/07/20

Judgement – automatic addition of goods to shopping basket

An interesting judgement of the Municipal Court in Prague was recently published, which addressed the question of the legality of automatic addition of goods to the basket by an internet trader. Specifically, it concerned a situation where the trader, when selling laptops, "pre-ticked one of the variants of the Microsoft Office product and, in one case, a computer mouse, and after clicking on the buy field, these products were automatically transferred to the basket together with the laptops in question." The Czech Trade Inspection Authority classified this conduct as an unfair commercial practice within the meaning of the provisions of Section 4(1) of the Consumer Protection Act, whereupon the trader challenged this decision by administrative action. However, the Municipal Court in Prague confirmed the conclusion of the Czech Trade Inspection Authority in the judgement commented upon.

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Constitutional Law and Criminal Law
2023/06/16

The Whistleblower Protection Act

The Whistleblower Protection Act is intended to transpose into Czech law Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law. It is to introduce, inter alia, a number of obligations on so-called obliged entities. In the private sphere, these will primarily be employers who employ at least 50 employees as at 1 January of the relevant calendar year. In this connection, we draw attention to the fact that employees also include persons performing work under an agreement to perform work activities (dohoda o pracovní činnosti) or under an agreement to complete a job (dohoda o provedení práce). The Whistleblower Protection Act may therefore affect a relatively large number of employers who employ "only" temporary workers.

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Civil Law
2023/04/07

Amendment to the Civil Code - Rights of the Buyer in Case of Defects in Goods (Complaints)

As has been previously mentioned on our part, an extensive amendment to the provisions of the Civil Code is being prepared, which regulate the sale of goods in shops, including new legal regulation of goods with digital elements. In this legal circular we will outline how, according to this amendment, the legislative regulation of the buyer's rights in the event of a defect in a thing and its complaint should appear. It is known to us that in practice situations sometimes merge for traders when a consumer withdraws from a contract without giving a reason (within 14 days) and when a buyer asserts defects in goods (complaint). However, these must be distinguished fairly strictly, including, amongst other things, for the reason that in the case of defects in a thing it is already a situation where there has been a breach of a legal obligation by the trader (breach of the obligation to perform without defects).

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Civil Law
2023/03/18

Contract for the Supply of Digital Content

Within the framework of the amendment to the Civil Code, which is being prepared also in connection with the adoption of the Directive on certain aspects concerning contracts for the supply of digital content and digital services, an entirely new legal regulation in the area of the supply of digital content (and in the area of the supply of digital content services) is to be incorporated into Czech law. The basis of this new Czech regulation is to apply not only to consumer relations (that is, relations between traders and consumers), but also to all other situations where digital content or services are supplied.

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Constitutional Law and Criminal Law
2023/03/03

New Regulation of the Register of Beneficial Owners

In this legal circular, we shall address the newly adopted Act on the Register of Beneficial Owners, which shall enter into force on 1 June 2021. In addition to the proper transposition of certain requirements of Directives of the European Parliament and of the Council of the EU, this Act aims primarily to revise this institute and ensure greater transparency of legal persons. Furthermore, it is intended to provide more effective means in combating money laundering and the financing of terrorism, and last but not least, to strengthen certainty in commercial transactions.

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Civil Law
2023/01/21

Obligation to Inform the Consumer in Cases Where the Right to Withdraw from the Contract Does Not Apply

Once again, we shall address the forthcoming amendment to the Civil Code, specifically the matter of incorporating the trader's pre-contractual information obligation in cases where the consumer does not have the right to withdraw from a distance contract.

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Civil Law
2022/12/03

Button "order with obligation to pay"

As we have previously announced, the Civil Code is facing a significant amendment which will also affect internet traders. The new regulation will enter into force gradually, in two parts. The first part of the changes should take effect this year, specifically on 1 July 2021, the second not until January of the following year. As we have also mentioned, the new regulation not only implements new EU directives, but at the same time is intended to remedy deficiencies in the implementation of previous directives. This legal circular is focused on a new obligation for traders in Czech law, which consists of the prescribed labelling of the order "button", that is, an interactive element of the user interface which serves for the final ordering of goods or services.

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Constitutional Law and Criminal Law
2022/11/18

Transfer of Personal Data outside the European Economic Area (EEA)

In the July issue of the legal circular, we informed you of the judgment of the Court of Justice of the European Union of 16.07.2020, which invalidated the Commission's decision concerning the EU-USA Privacy Shield. This judgment did little to assist the already rather opaque area of the transfer of personal data to third countries. In this issue, we would like to acquaint you with the newly published document of the European Data Protection Board (hereinafter "the Board"), which, following this judgment, advises on how to currently transfer personal data to countries outside the European Economic Area.

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Civil Law
2022/09/24

The Issue of Withdrawal from Contract as Addressed by the Court of Justice of the European Union

In this legal circular, we present two decisions concerning the consumer's right to withdraw from a contract, which have recently been addressed by the Court of Justice of the European Union.

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IT Law
2022/08/21

Decision in Case C-311/18 – Schrems II – transfer of personal data to the USA

On 16/07/2020, the Court of Justice of the European Union issued the above-mentioned judgment, which declared invalid with immediate effect the Commission decision regarding the EU-US Privacy Shield. This judgment then received considerable attention from mainstream media as well. For this reason, we therefore consider it appropriate to at least briefly summarise for members of APEK what this judgment actually means. A number of Czech traders use the services of American companies in the processing of personal data, which relied on the existence of this shield (for example, The Rocket Science Group LLC d/b/a MailChimp or SendGrid, Inc.).

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Constitutional Law and Criminal Law
2022/07/01

Judgment in Case C-380/19 - Deutsche Apotheker- und Ärztebank eG

In June of this year, the Court of Justice of the European Union issued another judgment which addressed the manner of fulfilling information obligations towards consumers. Specifically, it concerned the judgment in Case C-380/19 of 25 June 2020, which bears the lengthy designation "Bundesverband der Verbraucherzentralen und Verbraucherverbände – Verbraucherzentrale Bundesverband eV v Deutsche Apotheker- und Ärztebank eG".

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IT Law
2022/06/08

Modernisation Directive – Online Platforms

As we previously advised, two legal instruments have been adopted within the European Union which address the regulation of so-called on-line platforms. The first of these instruments is Regulation (EU) 2019/1150 of the European Parliament and of the Council on promoting fairness and transparency for business users of online intermediation services, which shall enter into force on 12 July 2020. This regulates in particular the legal relations between operators of on-line platforms and traders, and we addressed it in greater detail in Legal Circular No. 12/2019.

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Constitutional Law and Criminal Law
2022/04/18

Modernisation Directive – indication of price reductions for goods

In this legal bulletin, we will also address the so-called Modernisation Directive, which, following its implementation into the legal order of the Czech Republic, will bring legal changes to a number of areas. One such change is also the new regulation in the area of indicating price reductions for goods by traders, which in our opinion may be very important for practice. The regulation of this issue appeared relatively unexpectedly in Directive 98/6/EC of the European Parliament and of the Council on consumer protection in the indication of the prices of products offered to consumers (hereinafter referred to as the "Directive"). This occurred at the last minute within the framework of the so-called trilogue negotiations. This timing then unfortunately corresponds to the "quality" of the legislative text and the absence of interpretative provisions in the recitals of the Directive.

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IT Law
2022/03/20

Modernisation Directive – new regulation concerning user reviews

As we have previously indicated, the so-called Modernisation Directive was adopted within the EU in November 2019. It amends the content of four existing directives relating to the sale of goods to consumers, including the very important Consumer Rights Directive. Given that it is a directive (and not a regulation), its provisions will first have to be transposed into Czech law.

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Civil Law
2022/02/20

Decision of the Constitutional Court of the Czech Republic - consequences of failure to inform the consumer of the right to withdraw from the contract

Recently, a judgment of the Constitutional Court of the Czech Republic dated 5 November 2019, file no. II. ÚS 2778/19 (hereinafter the "judgment"), was published, which dealt with the provision of Section 1833 of the Civil Code, which is not very often used in practice, although it may have fundamental consequences for entrepreneurs. This provision addresses certain consequences of the absence of instructions on the consumer's right to withdraw from a contract (concluded by distance means or outside premises usual for business) without giving reasons.

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Other
2022/02/08

January 2022 – Legal News

For this first legal circular of 2022, we have chosen a different format than usual and are providing a quick overview of developments in individual areas.

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Constitutional Law and Criminal Law
2022/01/28

The Office for Personal Data Protection on the storing of cookies

During this year we have devoted several legal circulars to the issue of storing cookies, in connection with the alignment of Czech legislation with EU law requirements. It should be recalled that by an amendment to Act No. 127/2005 Coll., on Electronic Communications, as amended (hereinafter referred to as the "Electronic Communications Act"), the regime for granting consent to the use of cookies changed from opt-out to opt-in as of 01/01/2022. In other words, a user must expressly consent to the storage of cookies other than technical cookies. This legislative change motivated the Office for Personal Data Protection to publish an FAQ before the end of the year, in which it analyses the most common situations associated with the implementation of the so-called cookie banner. Below we summarise some of our observations on this document.

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IT Law
2022/01/13

Regulation on promoting fairness and transparency for business users of online intermediation services

Recently, two legal acts have been adopted within the European Union which address the regulation of so-called online platforms. The first of these acts is Regulation (EU) 2019/1150 of the European Parliament and of the Council on promoting fairness and transparency for business users of online intermediation services (hereinafter referred to as the "Regulation"), which shall enter into force on 12 July 2020 and to which we shall devote closer attention in this legal circular. The second act is the so-called Modernisation Directive, which amends the content of four existing directives in the consumer area, the content of which we shall address in greater detail in the future.

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Civil Law
2021/11/06

Governing Law for the Sale of Goods to Consumers from Other EU Countries

In response to the requirements of our association's members, we return in this legal circular to issues which we have addressed previously. Specifically, we shall deal with the question of which law (the law of which state) applies in situations where goods are sold by a Czech trader to those consumers who have their residence in another Member State of the European Union. For example, therefore, where a Czech trader sells goods to Slovak consumers. This case must be rigorously distinguished from those situations where the buyer is not a consumer at all, or from situations where the purchasing consumer has his habitual residence outside the EU. These are not addressed in detail in this legal circular.

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Civil Law
2021/10/16

Costs of Returning Goods to the Trader upon Withdrawal from the Purchase Contract by the Consumer

In the event that a consumer withdraws from a purchase contract without stating a reason (pursuant to Section 1829 of the Civil Code), certain questions may arise in theory and in practice in connection with the costs of transport of goods which were the subject of such purchase contract. Whilst the issue of bearing the costs of transport of goods to the buyer tends to be discussed relatively frequently, we have not yet addressed in detail in the legal bulletin the question of bearing the costs of transport of returned goods (that is, transport to the seller).

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IT Law
2021/09/12

Judgment of the CJEU in the case of Bundesverband der Verbraucherzentralen und Verbraucherverbände – Verbraucherzentrale Bundesverband eV v Planet49 GmbH (C‑673/17)

Increased attention has been devoted in recent days to the judgment of the Court of Justice of the EU in the above-mentioned case of 1/10/2019, which addressed the issue of the placing of cookies. In this legal circular we therefore summarise for internet traders the conclusions which the court reached in the context of this judgment.

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IT Law
2021/08/13

Judgment of the CJEU in the case of Fashion ID GmbH & Co. KG v Verbraucherzentrale NRW eV (C‑40/17)

In the context of its recent judgment, the Court of Justice of the EU addressed an interesting issue in the field of personal data processing, specifically certain aspects relating to the incorporation of a plugin for connection to the social network of Facebook Ireland Ltd into the website of an online retailer. In this case, it concerned the incorporation of a plugin in the form of a "like" button into the website of the German company Fashion ID GmbH & Co. KG (hereinafter "Fashion ID"). Although the interpretation from a formal perspective concerned "only" the provisions of the already repealed Directive on the protection of individuals with regard to the processing of personal data (hereinafter the "Directive"), the conclusions reached by the Court should be largely applicable to the current legal regulation in the form of the GDPR.

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Constitutional Law and Criminal Law
2021/06/18

VAT on the Sale of Goods Abroad - Change from the So-Called Mini One Stop Shop to the So-Called One Stop Shop (Special Scheme for a Single Administrative Place)

In this legal circular, we would like to address the amendment to the Value Added Tax Act, which will have an impact, among other things, on internet shops that sell their goods to other countries of the European Union. In the circular of December 2014, we dealt with the amendment to the Value Added Tax Act (Act No. 235/2004 Coll., as amended), which consisted of a change in the method of taxation of the provision of electronically supplied services to Member States of the European Union to persons not liable to value added tax. The aforementioned amendment introduced the so-called Mini One Stop Shop, which was created in order for the provider of electronically supplied services to avoid the lengthy obligation to register for value added tax in each individual Member State and not to have to file tax returns and remit tax separately in each Member State of the European Union.

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Civil Law
2021/06/16

Judgment of the CJEU in the case of Bundesverband der Verbraucherzentralen und Verbraucherverbände – Verbraucherzentrale Bundesverband eV v Amazon EU Sàrl (C-649/17)

In this legal circular, we shall examine in detail the July judgment of the Court of Justice of the EU, which addressed the interpretation of the provisions of Article 6(1)(c) of the Consumer Rights Directive. This regulates one of the information obligations of an internet trader towards the consumer prior to the conclusion of the contract. Specifically, this provision of the directive stipulates that "before the consumer is bound by a distance contract…, the trader shall give the consumer the following information in a clear and comprehensible manner… the geographical address at which the trader is established and the trader's telephone number, fax number and e-mail address, where available, to enable the consumer to contact the trader rapidly and communicate with him efficiently…"

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Constitutional Law and Criminal Law
2021/05/01

Obligation of Take-Back of Electrical Equipment under the Waste Act

In this circular we present, in basic scope, the issues of legal regulation of the so-called take-back of electrical equipment under the Waste Act, including certain related matters. The obligations arising from this regulation may be divided into two basic groups, depending on whether the trader is merely the so-called final seller, or whether it also has the status of the so-called producer. The operator of an internet shop may simultaneously have the status of both final seller and producer.

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Civil Law
2021/03/20

Judgment of the CJEU in the case of slewo//schlafen leben wohnen GmbH v Sascha Ledowski (C‑430/17)

In this legal circular, we shall examine in greater detail a recent judgment of the Court of Justice of the EU, which dealt with the issue of withdrawal from a purchase contract by a consumer (without stating reasons), which is also very popular in the Czech environment. In this case, it specifically concerned the interpretation of the provisions of Article 16(e) of the Directive on Consumer Rights, which provides that "Member States shall not provide for the right to withdraw from a contract ... in the case of distance contracts ..., with regard to the supply of goods sealed in packaging which is not suitable for return due to health protection or hygiene reasons and which was unsealed by the consumer after delivery..." The implementation of the Directive in the Czech Republic, which is not entirely faithful, is the provision of Section 1837(g) of the Civil Code. This provides that: "the consumer may not withdraw from a contract ... for the supply of goods in sealed packaging which the consumer has removed from the packaging and which cannot be returned for reasons of hygiene..."

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Civil Law
2021/02/05

Judgment of the CJEU in the Case of Walbusch Walter Busch GmbH & Co. KG v Zentrale zur Bekämpfung unlauteren Wettbewerbs Frankfurt am Main eV (C‑430/17)

In a recent judgment, the Court of Justice of the EU addressed the issue of the trader's information obligation before the conclusion of a contract, in those cases where a distance contract is concluded by means of a medium which provides only limited space or time for the provision of pre-contractual information to the consumer (for example, during a telephone call or by means of an order coupon, etc.).

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Other
2021/01/05

The Draft Directive on So-Called Representative Actions

Both in the Czech legal environment and at the European level, legislative proposals are currently being prepared which should result in the anchoring of so-called collective actions into the Czech legal order. Given that at the European level a political agreement has recently been reached regarding the draft wording of Directive of the European Parliament and of the Council 2018/089 (COD) on representative actions for the protection of the collective interests of consumers (hereinafter referred to as the "Directive"), and given the importance of this issue for all traders, we have decided to devote the September legal newsletter to it.

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Civil Law
2020/11/03

The Seller's Right to Set Conditions for "Extended" Warranty

In the December legal bulletin, we will examine more closely an interesting judgement of the Supreme Court of the Czech Republic, file no. 33 Cdo 4362/2017, dated 20 September 2018, which deals with the seller's entitlement to stipulate the conditions of extended warranty in the case of a contract concluded with a consumer (hereinafter the "judgement"). It must be stated in advance that this dispute was resolved under the regime of the previous Civil Code, which was in force until 31 December 2013. In our view, however, this judgement is also applicable to relationships arising under the current Civil Code (in force from 1 January 2014), notwithstanding the problematic regulation and terminology concerning warranty liability, which we examined in detail in the legal bulletin of June 2014.

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Employment Law
2020/10/29

Major Amendment to the Labour Code

In June 2020, the long-awaited amendment to the Labour Code was adopted, which brings a number of changes to the area of employment relationships. Part of the amendment entered into force on 30 July 2020. The remaining part of the amendment will enter into force on 1 January 2021. Below we provide an overview, from our perspective, of the most interesting changes that affect the most common employment law situations.

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Constitutional Law and Criminal Law
2020/10/06

Evidence of Beneficial Owners

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Other
2020/09/04

The New Real Estate Act in Practice

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IT Law
2020/08/29

Access to online interfaces of electronic commerce under the Regulation on addressing unjustified geo-blocking

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Civil Law
2020/07/30

Certain Legal Issues Addressed by the Court of Justice of the European Union

In this legal circular, we shall briefly present certain legal issues which the Court of Justice of the European Union has recently addressed or will address in the near future. Although the individual cases mentioned were not or are not always directly related to the sale of goods to consumers, the legal conclusions reached may also have implications for this area.

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IT Law
2020/07/26

Questions and Answers on the Transposition of the Copyright Directive

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Other
2020/07/13

Case Law of the CJEU in the Area of Exhaustion of Rights to Trade Marks

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Civil Law
2020/06/06

Delivery of Goods - Transfer of Risk of Loss or Damage to Goods (Relations with Consumers)

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IT Law
2020/05/08

Regulation on Addressing Unjustified Geo-blocking

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Constitutional Law and Criminal Law
2020/05/08

On the Consumer's Obligations When Taking Delivery of Goods

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IT Law
2020/04/13

Processing of Personal Data on the Basis of So-Called Legitimate Interest (for the Purposes of Sending Commercial Communications)

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Constitutional Law and Criminal Law
2020/03/24

Intermediation of Consumer Credit II.

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Constitutional Law and Criminal Law
2020/02/03

Right to Erasure of Personal Data (GDPR)

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Constitutional Law and Criminal Law
2019/12/31

Obtaining Consent for the Processing of Personal Data (GDPR)

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Civil Law
2019/11/24

CJEU Judgment - Zentrale zur Bekämpfung unlauteren Wettbewerbs Frankfurt am Main eV v comtech GmbH (C-568/15)

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Constitutional Law and Criminal Law
2019/10/20

Personal Data Processing Agreement (GDPR)

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Employment Law
2019/09/20

Some Neglected Obligations of Employers

Employment law and legal relationships with employees are among the fundamental areas which entrepreneurs encounter in their business activities. Given that this does not directly constitute their main gainful activity, this area is sometimes neglected by entrepreneurs.

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Constitutional Law and Criminal Law
2019/09/10

Procedures for Exercising Rights by Data Subjects (GDPR)

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Constitutional Law and Criminal Law
2019/08/10

Records of Processing Activities of Personal Data (GDPR)

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Civil Law
2019/08/01

Directive on certain aspects concerning contracts for the sale of goods and goods with digital elements

On 20 May 2019, a new directive on certain aspects concerning contracts for the sale of goods was adopted, which, following its transposition into national legal orders, may, in our opinion, have significant importance for the practice of internet traders. This instrument was adopted jointly with and in connection with the directive on certain aspects concerning contracts for the supply of digital content and digital services, which, as the name suggests, will regulate more closely the supply of digital content. Nevertheless, in this legal circular we shall address in detail only one of the innovations which should be introduced, within approximately a two-year timeframe, by the directive on certain aspects concerning contracts for the sale of goods into the Czech legal order.

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Constitutional Law and Criminal Law
2019/07/08

Information Obligations towards Data Subjects (GDPR)

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Civil Law
2019/05/23

The Planned Amendment to the Civil Code

Given that the implementation of EU regulations concerning consumer protection carried out by the provisions of the Civil Code is, in its current form, at the very least poor, a relatively extensive amendment thereof is being prepared at government level (hereinafter referred to as the "draft"). The vast majority of Union provisions which the draft is to implement are subject to the so-called full harmonisation regime, which means that Member States are essentially left with no room for discretion. In view of the fact that these are regulations which should have been implemented by the Czech Republic far earlier, the proposed changes cannot be described as complete novelties. Nevertheless, it is undoubtedly the case that some obligations may be perceived as new by the majority of traders. We shall address these certain "new" obligations in greater detail in this circular, even though the final form of the amendment is by no means yet known at this time.

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Constitutional Law and Criminal Law
2019/05/16

Data Protection Officer and Online Shops

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Constitutional Law and Criminal Law
2019/03/02

On certain obligations under the Waste Act and the Packaging Act

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Civil Law
2019/01/25

Case-law of the Court of Justice of the European Union (C-568/15, C-146/16)

In the April legal newsletter, we will examine in more detail two judgments of the Court of Justice of the European Union (hereinafter referred to as "CJEU"), which may also be of interest from the perspective of traders doing business on the internet, namely the CJEU judgment in the case of Zentrale zur Bekämpfung unlauteren Wettbewerbs Frankfurt am Main e. V. v comtech GmbH (C-568/15) and the CJEU judgment in the case of Verband Sozialer Wettbewerb eV v DHL Paket GmbH (C-146/16).

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IT Law
2018/12/31

Is a cookie or IP address personal data?

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Civil Law
2018/12/05

Judgment in Case Verein für Konsumenteninformation v Amazon EU Sàrl (C-191/15)

In the March legal circular, we shall examine more closely the judgment of the Court of Justice of the European Union in the case of Verein für Konsumenteninformation v Amazon EU Sàrl (C-191/15) (hereinafter referred to as the "judgment"). From the perspective of doing business on the internet, the judgment is of interest particularly in two areas.

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Constitutional Law and Criminal Law
2018/12/05

Regulation on the protection of natural persons with regard to the processing of personal data – general information

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Constitutional Law and Criminal Law
2018/11/12

Credit Intermediation under the New Consumer Credit Act

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Civil Law
2018/09/09

Proposal for a Directive on certain aspects of contracts for the sale of goods

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Constitutional Law and Criminal Law
2018/08/12

Transfer of Personal Data III - Offering Trade or Services

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Other
2018/08/12

Legal Regulation of Marketing (Consumer) Competitions from 1 January 2017

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Constitutional Law and Criminal Law
2018/07/23

Act on Trading Hours in Retail and Wholesale Trade

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Civil Law
2018/04/26

Written Legal Acts and Electronic Signature

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Constitutional Law and Criminal Law
2018/04/26

Transfer of Personal Data II.

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Constitutional Law and Criminal Law
2018/04/02

Selection of Legislative News

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IT Law
2018/03/13

Electronic Signature and the eIDAS Regulation

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Civil Law
2018/01/14

Contracts Concluded by Adhesion

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Constitutional Law and Criminal Law
2017/12/03

Claims and Out-of-Warranty Repairs

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Constitutional Law and Criminal Law
2017/11/09

Platform for Online Dispute Resolution

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IT Law
2017/09/07

How to Buy or Sell an E-shop?

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Constitutional Law and Criminal Law
2017/08/23

Transfer of Personal Data I. – What is Personal Data

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Constitutional Law and Criminal Law
2017/08/23

Effectiveness of the Amendment to the Consumer Protection Act

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Other
2017/08/04

Data Processing Agreement

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Constitutional Law and Criminal Law
2017/08/04

Draft EU Regulation on the Protection of Personal Data (GDPR)

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Constitutional Law and Criminal Law
2017/07/31

Changes to Interbank Fees for Payment Transactions

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Civil Law
2017/07/03

Liability for Defects in Used Goods under the NOZ

In this legal circular, we have prepared a summary of certain legal issues relating to the sale of used goods in a shop (including an e-shop), specifically concerning the exercise of rights arising from liability for defects in such goods. It is usual that used items exhibit signs of wear and tear, and therefore may have certain aesthetic or functional defects. For that reason, a buyer of used items does not have the same rights arising from defective performance as a buyer of new or unused items. We shall also attempt to summarise the fundamental differences in the new regulation (Act No. 89/2012 Coll., the Civil Code, hereinafter "NOZ") compared to the regulation applied in the previous Civil Code - Act No. 40/1964 Coll., the Civil Code, as amended (hereinafter "SOZ").

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Constitutional Law and Criminal Law
2017/07/03

The Electronic Records of Sales Act

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Constitutional Law and Criminal Law
2017/07/03

Unfair Commercial Practices

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Constitutional Law and Criminal Law
2017/07/03

Out-of-Court Resolution of Consumer Disputes

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Other
2017/05/16

When can a Czech trader be sued abroad?

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IT Law
2017/05/05

Legal Protection of Databases

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Constitutional Law and Criminal Law
2017/04/11

Processing of Personal Data of Employees by the Employer

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IT Law
2017/03/31

Indication of Unit Prices of Goods on the Internet

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Constitutional Law and Criminal Law
2017/02/07

Provision of Electronically Supplied Services to Member States of the EU to Persons Not Liable to VAT

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Civil Law
2017/01/12

Withdrawal from Contract due to Defects in Goods and Transport Costs

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IT Law
2016/11/27

Legal Issues Related to Accepting Bitcoins

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Constitutional Law and Criminal Law
2016/11/10

Commencement of the Period for Handling a Complaint

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Civil Law
2016/10/12

Withdrawal from a Contract for the Provision of Services Concluded via the Internet

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Civil Law
2016/09/01

Unfair Terms in Consumer Contracts

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Civil Law
2016/08/12

Provision of Guarantee under the New Civil Code

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Civil Law
2016/07/20

When a consumer cannot withdraw from a purchase contract

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Constitutional Law and Criminal Law
2016/06/23

Interpretation of the term "misleading commercial practice"

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Civil Law
2016/04/30

Time Limits for Withdrawal from a Contract by a Consumer and Their Calculation

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Constitutional Law and Criminal Law
2016/03/23

Fees charged to the consumer in connection with payment for goods

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Civil Law
2016/02/26

The Principle of Protection of the Weaker Party in the Civil Code

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Civil Law
2015/11/29

Regulation of Conformity and Non-conformity with the Purchase Contract under the Civil Code

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Civil Law
2015/10/15

Withdrawal from a Purchase Contract and Deterioration of the Condition of Goods under the Civil Code

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Corporate Law
2015/10/15

Adaptation to the New Legal Regulation of the Business Corporations Act

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Corporate Law
2015/08/21

Commercial Corporations in the Light of Current Case Law

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Civil Law
2015/07/03

Offering and Promotion of Goods Bearing a Third Party's Trade Mark

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Corporate Law
2015/05/13

Acts of an Entrepreneur after the Recodification of Private Law

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Civil Law
2015/04/03

Form for Withdrawal from Contract pursuant to the Civil Code

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Civil Law
2015/03/09

Time limit for delivery of goods by the trader

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IT Law
2015/01/22

Economic Competition on the Internet

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Constitutional Law and Criminal Law
2015/01/22

Amendment to the Act on Consumer Credit

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IT Law
2015/01/02

Software Development from a Legal Perspective

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Constitutional Law and Criminal Law
2014/12/07

Vertical Agreements and Price Arrangements

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Civil Law
2014/11/12

Answers to Questions on Rights to Immovable Property under the Civil Code

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Constitutional Law and Criminal Law
2014/10/08

Personal Income Tax - Sale of Real Estate

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Civil Law
2014/09/30

Judgment of the Court of Justice of the EU - Content Services Ltd v. Bundesarbeitskammer (C-49/11)

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IT Law
2014/07/03

Arbitration Agreements for Domain Disputes are Invalid

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Other
2014/06/29

European Small Claims Procedure

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Civil Law
2014/06/27

Amendment to the Execution Code and the Civil Procedure Code

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Constitutional Law and Criminal Law
2014/05/02

Notification of Complaint Resolution

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Constitutional Law and Criminal Law
2014/04/11

Financial Arbitrator – Basic Information

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Civil Law
2014/04/11

Compensation for Necessary Costs Incurred in Connection with the Exercise of Rights Arising from Liability for Defects

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Copyright
2014/04/11

<translation> Decision of the ECJ - Padawan SL v Sociedad General de Autores y Editores de España (SGAE) </translation>

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Constitutional Law and Criminal Law
2014/04/11

Agreement on Guilt and Punishment

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IT Law
2014/04/11

Act on On-Demand Audiovisual Media Services

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IT Law
2014/04/11

Conclusion of Contracts in the Internet Environment II.

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Civil Law
2014/04/11

Certain Obligations of the Seller When Handling Complaints

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Employment Law
2014/04/11

Obligation to Have an Employment Contract at the Workplace

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IT Law
2014/04/11

Internet Auctions from a Legal Perspective

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Copyright
2014/04/11

Operation of Online Shops and Rights to Computer Programs

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Other
2014/04/11

Free movement of goods – exhaustion of intellectual property rights

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Civil Law
2014/04/11

Amendment to the Act on Arbitration Proceedings

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Copyright
2014/04/11

Second-hand software

Legal issues connected with the resale of original copies of computer programmes are not very frequently discussed in practice in this country. By contrast, in Germany, for example, cases connected with this issue have already been repeatedly addressed by the courts (including issues connected with so-called OEM software). In this context, it is interesting that in the Czech Republic, criminal complaints are being intensively filed by certain large software companies against persons who offer "used software". In our opinion, unjustifiably.

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Civil Law
2014/04/11

Withdrawal from a consumer contract – refund of money to the consumer

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Corporate Law
2014/04/11

Authorisation for Commercial Management

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Civil Law
2014/04/11

Sale of Used Goods and Liability for Defects

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Constitutional Law and Criminal Law
2014/04/11

Change in the Value Added Tax Rate from 01.01.2012

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Civil Law
2014/04/11

Information Obligations of an Internet Trader (Before Conclusion of Contract)

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Other
2014/04/11

What is the situation with television fees in business?

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IT Law
2014/04/11

Contextual Advertising and Unfair Competition II.

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Civil Law
2014/04/11

New Directive on Consumer Rights (Basic Information)

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Constitutional Law and Criminal Law
2014/04/11

Registration of Trade Marks - Basic Information

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Civil Law
2014/04/11

When is a contract concluded "using means of distance communication"?

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Copyright
2014/04/11

Electronic Books from a Legal Perspective

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Civil Law
2014/04/11

Certain Legal Aspects of Withdrawal from a Consumer Contract (II.)

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Constitutional Law and Criminal Law
2014/04/11

House Arrest in the New Criminal Code

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Civil Law
2014/04/11

Basic Information on Arbitration Proceedings

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Constitutional Law and Criminal Law
2014/04/11

New Criminal Code (recodification of criminal law)

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Civil Law
2014/04/11

Liability for Defects – Rights of Subsequent Owner of Goods

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Civil Law
2014/04/11

On Certain Amendments to the Execution Code

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IT Law
2014/04/11

Liability for Content Stored by Users

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IT Law
2014/04/11

Conclusion of Contracts in the Internet Environment

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Civil Law
2014/04/11

Tortious Capacity of Minors and Liability for Damage

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Other
2014/04/11

Legislative News - New Act on Consumer Credits

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Constitutional Law and Criminal Law
2014/04/11

Protection of Information and Personal Data in Criminal Proceedings

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Other
2014/04/11

Legislative News - Act No. 155/2010 Coll.

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Constitutional Law and Criminal Law
2014/04/11

Information Obligation (Liability for Defects, Complaints)

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Constitutional Law and Criminal Law
2014/04/11

Tax Aspects of Consumer Competitions

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Constitutional Law and Criminal Law
2014/04/11

Social Security Insurance Premiums for the First Half of 2007

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Constitutional Law and Criminal Law
2014/04/11

Regulation of Consumer Competitions

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IT Law
2014/04/11

Contextual Advertising and Unfair Competition

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Constitutional Law and Criminal Law
2014/04/11

Significant Amendment to the Consumer Protection Act III.

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Constitutional Law and Criminal Law
2014/04/11

Significant Amendment to the Consumer Protection Act II.

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Constitutional Law and Criminal Law
2014/04/11

Significant Amendment to the Consumer Protection Act

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Other
2014/04/11

Indication of Prices of Goods or Services

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Civil Law
2014/04/11

General Terms and Conditions of Business in Practice

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IT Law
2014/04/11

Functionality of the web interface of the online shop

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IT Law
2014/04/11

Liability for Software Defects

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Constitutional Law and Criminal Law
2014/04/11

Act on Electronic Acts and Authorised Conversion of Documents

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Constitutional Law and Criminal Law
2014/04/11

Online Shop and Processing of Personal Data

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Corporate Law
2014/04/11

Liability for Defects in Goods (Relationship between Online Retailer and Their Supplier)

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Civil Law
2014/04/11

Electronic Payment Order

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IT Law
2014/04/11

Copying of Website Content

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IT Law
2014/04/11

Legal Aspects of Operating Internet Search Engines

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Corporate Law
2014/04/11

Amendment to the Commercial Code and the Contraventions Act

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IT Law
2014/04/11

Sending of Commercial Communications in the Operation of an On-line Shop

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Civil Law
2014/04/11

Certain Legal Aspects of Withdrawal from a Consumer Contract

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IT Law
2014/04/11

Liability of a Discussion Forum Operator

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Copyright
2014/04/11

Why DVD Exchange Networks Are Legal

Following the publication of [the gloss](http://www.lupa.cz/clanky/prvni-legalni-vymenna-sit-objevena/) by Aleš Miklík "First Legal Exchange Network Discovered?", a relatively extensive and interesting discussion took place among Lupa readers on the subject matter. This contribution should therefore provide closer clarification as to why such a method of "exchange" of works protected by copyright law is legal and in what respect it differs from other cases which may already constitute an infringement of copyright.

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Other
2014/04/11

Information for Civic Associations – Necessary Change of Name

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Other
2014/04/11

Insurance Contract - Motor Third Party Liability Insurance

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Constitutional Law and Criminal Law
2014/04/11

Cash Registers and Internet Traders

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Copyright
2014/04/11

The Amended Copyright Act and "Copying" for Personal Use

Following the amendment to the Copyright Act carried out by Act No. 216/2006 Coll., we were requested by the editorial office of LUPY to provide a contribution concerning the issue of making reproductions of copyright works (or reproductions of other subject matter protected by copyright). Although the majority of readers are relatively well informed in this area, it may certainly be useful to mention in several basic points how these matters are regulated by the amended Copyright Act (Act No. 121/2001 Coll., as amended).

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Copyright
2014/04/11

Amendment to the Copyright Act and Computer Programs

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Family Law
2014/04/11

Legal Regulation of Registered Partnership

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Civil Law
2014/04/11

Are you buying a flat on a mortgage with your partner?

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IT Law
2014/04/11

Access to the source code of a computer programme

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IT Law
2014/04/11

GNU GPL and the Use of Czech Law

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Employment Law
2014/04/11

Shvarts System vs. Outsourcing

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Employment Law
2014/04/11

The Institution of Marriage and the Labour Code

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Copyright
2014/04/11

Software Licence Agreement

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Family Law
2014/04/11

Procedure for Concluding a Religious Marriage

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Family Law
2014/04/11

Contracts Related to Matrimonial Property

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Family Law
2014/04/11

Child maintenance paid by self-employed fathers for their minor children

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Copyright
2014/04/11

Who "owns" custom-made software?

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Civil Law
2014/04/11

Assignment of Claims and Other Changes in the Subjects of an Obligatory Legal Relationship

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Corporate Law
2014/04/11

Change of Registered Office of a Trading Company

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Corporate Law
2014/04/11

Increase of Share Capital in a Limited Liability Company

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Corporate Law
2014/04/11

What is a business name?

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IT Law
2014/04/11

Judgment regarding the domain ceskapojistovna.cz. What is wrong?

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Employment Law
2014/04/11

Maternity and Parental Leave and Return to Work

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Civil Law
2014/04/11

Liability for Damage Caused by a Minor

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IT Law
2014/04/11

Co-operative Flat after the Death of a Member of the Co-operative

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IT Law
2014/04/11

Distribution of Digital Content under the NOZ

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IT Law
2014/04/11

Regulation of the Storage of So-Called Cookies

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Civil Law
2014/01/21

The Use of Terms and Conditions in Practice under the New Civil Code

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Corporate Law
2014/01/21

Limitation of Damages in Commercial Relationships

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Civil Law
2014/01/21

Non-conformity of the sold goods with the purchase contract

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Corporate Law
2014/01/21

Act on Certain Measures to Increase the Transparency of Joint-Stock Companies

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Civil Law
2014/01/08

The New Civil Code and Withdrawal from a Purchase Contract

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Other
2014/01/08

Community Trade Mark – basic information

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Civil Law
2014/01/08

Judgment of the CJEU C-511/08 - costs of transporting goods upon withdrawal from contract by consumer

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Constitutional Law and Criminal Law
2013/12/19

Tax Code - basic information

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