pwclegal flash may 2016

2
PwC Legal Flash © 2016 PricewaterhouseCoopers Legal Ltd. ∙ law firm. All rights reserved. "In this document ∙" PwC "refers to PricewaterhouseCoopers Legal sro ∙ ∙ law firm which is a member firm of PricewaterhouseCoopers International Limited ∙ each of which is a separate and independent legal entity. The information in this document are general in nature and do not provide a comprehensive analysis of these topics. Consider the use of appropriate professional services. May 2016 4. issue PricewaterhouseCoopers Legal s.r.o., advokátní kancelář Hvězdova 1734/2c ∙ 140 00 Praha 4 www [email protected] www.pwclegal.cz PwC Legal Czech Republic Praha Brno Ostrava +420 251 151 111 Michael Mullen Senior Partner Bořivoj Líbal Managing Partner PwC Legal Flash Revolutionary verdict: Companies may monitor the private emails of their employees. he European Court of Human Rights delivered a ground-breaking verdict ruling that an employer may monitor private correspondence of an employee on condition that the correspondence takes place during working hours and on the company’s device. Is it possible then to be dismissed for personal emails or chatting with a friend? The European Court of Human Rights in Strasbourg recently dealt with a case in which an employer ordered his employee to communicate within his work duties via Yahoo Messenger service on a working computer. However, the employee also used this service to send private messages without asking the employer. Later, the employer discovered the private use while he was verifying how the employee was performing his work. Consequently, the employer dismissed the employee. “According to the verdict, the employee violated the rules of the company. The employee also knew that the use of company means for private purposes was forbidden in the company and that the messages might be monitored. On top of this, he asserted that he didn’t use the service for private messages,” says Petr Glogar, PwC Legal attorney. The complete article in Czech is available here . Petr Glogar Expert on labor law Personnel news Jaroslav Srb Nina Valešová Nina graduated from the Faculty of Law of Charles University in Prague. In 2015, she led a project of Education in countryside in company CIRCLE Education s.r.o. During her studies she completed an internship at the Executory Office, where she focused on insolvency and real estate law. She speaks fluent English and before joining PwC Legal she gained legal experience in two international law firms based in Prague. Jaroslav also graduated from Faculty of Law of Charles University in Prague and studied at The University of Strasbourg under the Erasmus program. At the same time, he completed an internship at the Permanent Representation of the Czech Republic to the Council of Europe in Strasbourg. He gained legal related experience in a Czech law firm and besides excellent Japanese he also speaks perfect English and French. “Allowing the provision of consumer credits over the Internet possible will on the providers’ side require a properly configured system of electronic contracting so as to fulfil by the law requiring such contracts in a written form. Otherwise there is a threat of fines in the amount of up to CZK 20 million.” Rudolf Kožušník of PwC Legal during presentation within the Regulation of consumer credits symposium which took place on April 7 under the auspices of the Prague Legal Autumn and Czech Association of Creditors. Is the present legislative regulation of the credit market able to meet its goals? Quality News and curiosities from the world of everyday business Trust Team work Hodnoty naší advokátní kanceláře @ PwC_Legal_CR What we promise to deliver, we deliver. Whatever we do and by whichever lawyers‘ seniority, we do with the utmost care. We have a real desire to help our partners with all areas of our expertise. We act honestly and with transparency so that people around us can put their trust in us and depend on us. The client is always our top priority over any individual lawyers‘ interest. We believe that this is the foundation on which modern advocacy should stand. We work with clients and colleagues as one team with mutual respect and support. We actively share our experiences with the goal of delivering the best results. Aktuality z PwC Legal PwC Legal ranked amongst the most desired Czech employers Our law firm was ranked fifth in the TOP Czech employers list. A total of 10,360 college students participated in the ranking of their top 65 employers. Lawyers of PwC Legal support disadvantaged young people Fulfilling our corporate responsibility role, we help children and young people who face disadvantages compared to their peers. PwC Legal has therefore decided to support the non-profit organization Lata, which operates in Prague and Central Bohemia since 1994. In case you also want to help, please visit www .lata.cz

Upload: others

Post on 15-Mar-2022

0 views

Category:

Documents


0 download

TRANSCRIPT

PwC LegalFlash

© 2016 PricewaterhouseCoopers Legal Ltd. ∙ law firm. All rights reserved. "In this document ∙" PwC "refers to PricewaterhouseCoopers Legal sro ∙ ∙ law firm which is a member firm of PricewaterhouseCoopers International Limited ∙ each of

which is a separate and independent legal entity. The information in this document are general in nature and do not provide a comprehensive analysis of these topics. Consider the use of appropriate professional services.

May 2016

4. issue

PricewaterhouseCoopersLegal s.r.o., advokátní kancelářHvězdova 1734/2c ∙ 140 00 Praha 4

www

[email protected]

www.pwclegal.cz

PwC Legal Czech Republic

Praha

Brno

Ostrava

+420 251 151 111

Michael MullenSenior Partner

Bořivoj LíbalManaging Partner

PwC LegalFlash

Revolutionary verdict:Companies may monitor the private emails of their employees.he European Court of Human Rights delivered a ground-breaking verdict ruling that an employer maymonitor private correspondence of an employee on condition that the correspondence takes place duringworking hours and on the company’s device. Is it possible then to be dismissed for personal emails orchatting with a friend?

The European Court of Human Rights in Strasbourg recently dealt with a case in which an employerordered his employee to communicate within his work duties via Yahoo Messenger service on a workingcomputer. However, the employee also used this service to send private messages without asking theemployer.

Later, the employer discovered the private use while he was verifying how the employee was performing hiswork. Consequently, the employer dismissed the employee. “According to the verdict, the employeeviolated the rules of the company. The employee also knew that the use of company means for privatepurposes was forbidden in the company and that the messages might be monitored. On top of this, heasserted that he didn’t use the service for private messages,” says Petr Glogar, PwC Legal attorney.

The complete article in Czech is available here.

Petr Glogar

Expert on labor law

Personnel news

Jaroslav Srb

Nina ValešováNina graduated from the Faculty of Law of Charles University in Prague. In 2015, she led a project ofEducation in countryside in company CIRCLE Education s.r.o. During her studies she completed aninternship at the Executory Office, where she focused on insolvency and real estate law. She speaks fluentEnglish and before joining PwC Legal she gained legal experience in two international law firms based inPrague.

Jaroslav also graduated from Faculty of Law of Charles University in Prague and studied at The University ofStrasbourg under the Erasmus program. At the same time, he completed an internship at the PermanentRepresentation of the Czech Republic to the Council of Europe in Strasbourg. He gained legal relatedexperience in a Czech law firm and besides excellent Japanese he also speaks perfect English and French.

“Allowing the provision of consumer credits over the Internetpossible will on the providers’ side require a properlyconfigured system of electronic contracting so as to fulfil bythe law requiring such contracts in a written form. Otherwisethere is a threat of fines in the amount of up to CZK 20million.”

Rudolf Kožušník of PwC Legal during presentation within theRegulation of consumer credits symposium which tookplace on April 7 under the auspices of the Prague Legal Autumnand Czech Association of Creditors. Is the present legislativeregulation of the credit market able to meet its goals?

Quality

News and curiosities from the world of everyday business

Trust

Team work

Hodnoty naší advokátní kanceláře

@PwC_Legal_CR

What we promise to deliver, we deliver. Whatever we do and bywhichever lawyers‘ seniority, we do with the utmost care. We have a realdesire to help our partners with all areas of our expertise.

We act honestly and with transparency so that people around us can puttheir trust in us and depend on us. The client is always our top priorityover any individual lawyers‘ interest. We believe that this is thefoundation on which modern advocacy should stand.

We work with clients and colleagues as one team with mutual respect andsupport. We actively share our experiences with the goal of delivering thebest results.

Aktuality z PwC Legal

PwC Legal ranked amongst themost desired Czech employers

Our law firm was ranked fifth in theTOP Czech employers list. A total of10,360 college students participated inthe ranking of their top 65 employers.

Lawyers of PwC Legal supportdisadvantaged young people

Fulfilling our corporate responsibilityrole, we help children and young peoplewho face disadvantages compared totheir peers. PwC Legal has thereforedecided to support the non-profitorganization Lata, which operates inPrague and Central Bohemia since1994.

In case you also want to help, pleasevisit www.lata.cz

© 2016 PricewaterhouseCoopers Legal s.r.o. ∙ advokátní kancelář. Všechna práva vyhrazena. V tomto dokumentu ∙ název „PwC“ označuje společnost PricewaterhouseCoopers Legal s.r.o. ∙ advokátní kancelář ∙ která je členem sítě

společností PricewaterhouseCoopers International Limited ∙ z nichž každá je samostatným a nezávislým právním subjektem. Informace v tomto materiálu mají obecný charakter a neposkytují souhrnnou analýzu zmíněných témat. Zvažte

využití příslušných profesionálních služeb.

This February, hackers broke into the computer network of theCalifornia-based hospital Presbyterian Medical Center and paralyzedtheir entire computer system for more than a week. The hospital had topay a price of 17,000 dollars to unblock the system. It’s probably only amatter of time before cyber hacking directed against medical

facilities will arrive to the Czech Republic.

One of the possible solutions is the use of cloud computing. Quality cloud providers areequipped with such personnel and technological security, that most companies are unable toachieve at a similar level for economic reasons. Because such institutions store sensitivepersonal data it is necessary to consider such solutions carefully. Besides contractualguarantees in the agreement with the provider we recommend to pay equal attention to theselection of the actual cloud provider. Prior to concluding a contract, you should conductproper due diligence of the provider.

The complete article is available in the April issue of the professional bi-weekly Medical Tribune.

Office life

Cloud computing in health care

21. Petr Glogar from Brno PwC Legal office appeared as a guest in the

broadcast of ČT24, where he spoke on surfing the Internet at work.2.From the right –PwC Legal attorneys Kateřina Surková, Bořivoj

Líbal and Michael Mullen with Dirk Stiller (Germany) and GillesSemadeni (France) at the launch party of PwC Global LegalNetwork Conference in Barcelona.

3.Colleagues exchanged legal regulations for microphones andenjoyed a karaoke evening in the spotlight.

4.PwC Legal team together with other colleagues from PwC CzechRepublic took off for skiing in Austria.

1

3

2

4

Client visit: Tesla S P85D

Once again, we have visited one of our clients. Thistime it was Electric Park s.r.o. – the largest expert onTesla Motors vehicles in the Czech Republic.

This swift electric car has two electric motorsdelivering 350 kW at its rear axle and 165 kW at thefront axle. With its enormous torque of 930 Nm it isperfect for lightning acceleration lovers. It is able toaccelerate from 0 to 100 km/h in 3.3 seconds. Theirfleet also has other car brands – the lively and stylishRenault Zoe, a dynamic and yet quiet VW e-Golf, acompact Peugeot iOn or award-winning NissanLEAF. Rental prices per day start at less than CZK2,000, however you are going to love the ride somuch that one day really won’t be enough for you.

In March, there was a conference held on the themeof Sustainability for Production and Business– or necessary condition for competitivenessin conference rooms of PwC Legal. The speakers atthe conference included leading Czech and foreignproducers and suppliers, public sectorrepresentatives as well as experts and specialistsfrom PwC Czech Republic and PwC Legal. One of theconference’s outputs is that production of productswith the lowest environmental impact, which are alsoappealing to customers and at the same time enabletraders to generate positive economic results, isbecoming a growing trend.

PwC Legal organized a conference on sustainability for production1. Aleš Terš, Associate of PwC Legal2. Jan Teplý, Marketing & Sales Director, Madeta3. Martin Lupa, Government Affairs & CSR Manager, Tesco

Stores4. Marta Nováková, President of Czech Confederation of

Commerce and Tourism1

3 4

Senior associate RudolfKožušník spoke on a very hottopic of regulation ofconsumer credits during abroadcast of Studio 6 onCzech State Television.

much that one day really won’t be enough for you. The Tesla Limousine Service is also worthmentioning. This service will be used by organisers of the upcoming Global Summit on CorporateSustainability.

www.electricpark.cz

The complete report is available starting from the 53rd minute on the website

of Studio 6.

2

Our specialization

• Corporate, society and cooperative society law

• M&A, private equity• Group restructuring & insolvency• Banking, finance and capital markets• Real estate, construction and

environmental law• Power engineering and heavy industry• Technology, the mass media and

telecommunication• Intellectual property law and personal

data privacy• Private client services & Trusts• Employment and labour law• Domestic and international litigation• Taxes, duties and fees• Antitrust, EU funds and regulations