Internet law

Only a very small part of the society in the Czech Republic does not use the internet, but at the same time a small number of users are able to think precisely of the legal consequences of their actions in their daily use. Communication between business companies is via email, and data is also traversed by sharing them on clouds or social networks. Through this system of computer networks around the world, small and huge deals are being closed.

When providing legal services, we focus primarily on the issue of Internet domains, the creation and operation of e-shops, legal relationships arising from the creation of websites and more. Our goal is to make the client feel legally as secure as possible when using the Internet so that they can fulfill their business and non-business aims without undue risk of losing their valuable information or personal data.

Rights and obligations associated with domains

A domain name could be simply described as a unique position of a computer on the Internet. By entering a domain name, Internet users can learn, for example, about the services provided by the searched company and other conditions for their provision. The website acts as a very effective shortcut for selecting a contractor.

The domain holder is certainly interested in its legal protection, as it can fully correspond with its business name. For example, if an entrepreneur occupied domain name with his corporate name, its planned market penetration can be very difficult. Trademarks are also associated with domains. (Note: The High Court in Prague in its decision file no. 3 Cmo 62/2013 - 174).

When providing legal advice, the law firm focuses mainly on the necessary contractual documents (transfer, lease, etc.) and also on the issues of domain disputes (extrajudicial, judicial).

E-shops

The popularity of online purchases has already been mentioned. It is seeing an upward trend not only on the side of shoppers, but still on the side of operators, who are using them to realize their business plans. According to some sources, the number of e-shops in the Czech Republic should be close to 40,000, which is really a respectable number due to the population. However, the increasing number of online shops brings with it another aspect, which makes it increasingly difficult to assert itself. All the more depends on an idea that deserves good legal protection. As part of legal advice, our law firm can help you with the entire legal process of setting up an online store, which includes, for example:

  • legal assessment of the project and recommendation of the most suitable way of operation
  • preparation of contractual documentation necessary for the operation of the e-shop
  • construction of contract terms

By mutual agreement, legal services can also be provided within the framework of the operation of the Internet shop, in particular in the following areas:

  • the rights and obligations of the parties arising from shopping - in particular distance contracts, the position of the consumer
  • liability for defects in products sold
  • liability for damage caused by defects in the products sold
  • Internet enforcement - electronic advertising

E-auction

Among the services offered are legal services in the field of electronic auctions of a purely private nature, as well as auctions of movable and immovable property as a result of execution or insolvency proceedings. For example, we represent clients in the actual auction process under pre-set conditions, we conduct subsequent negotiations, resolve legal disputes arising in connection with auctions and others. Within the framework of electronic auctions, it is also possible, for example, to set parameters of the requested item in advance, with the client being represented in the closest auction of the item corresponding to his requirements.

Legal relationships arising from the creation of websites

Website is one of the most effective ways of advertising. High-quality elaboration can contribute to rapid growth and promotion of the business plan or can serve as an indication of a social issue. In the Czech Republic alone, the Internet is introduced to more than 3 million households, whose members often spend most of the day using this medium. Most often they are economically productive population, who are involved in this economic process.

The creation, maintenance or even simple use of the website may give rise to a wide range of rights and obligations arising from various legal reasons. These legal reasons may be, for example, contracts concluded between the contractor and the client of the website, but the sales contract, employment contract and other contract types may also be concluded via the Internet. Definitely do not forget the issue of domain names and privacy.

The law firm Musil, Robotka and partners thus focuses on domain registrations and transfers as well as domain disputes.

Privacy and personal data protection

Basically, the issue of personal data can be seen from two perspectives. Firstly, from the point of view of the administrator or personal processor, who is primarily responsible for his activities, and secondly, from the perspective of the person whose personal data is handled.

Legal advice provided by our office is aimed at all the above mention entities. We therefore deal with the issue of the fulfillment of obligations laid down directly by the law, as well as specific obligations set by the Office for Personal Data Protection. However, as noted above, legal services are also provided to entities whose rights to data protection have been infringed, including via the Internet.

However, privacy issues do not necessarily imply a breach of a specific legal rule regulating the protection of personal data, but there may be an infringement of the right to the protection of personality. According to the opinion of the Law firm of Musil, Robotka and Partners, protection of personality cannot be narrowly seen as a more general protection of personal data, as the scope of regulated rights and obligations in the case of personality protection is broader. Legal services in this area also focus on the contentious agenda, both at the stage of negotiations on an amicable settlement of the dispute and, of course, in the case of court proceedings.

Electronic signature and electronic submissions

With the development of new forms of communication, especially through electronic networks, comes the change of related regulations. For example, submissions in electronic form are gradually accepted in various areas.

Electronic signatures and the use of data boxes are also increasingly popular. However, when using these services, it is necessary to take into account their special nature and to use the services exactly according to prescribed rules so that, for example, the time limit is not missed when delivering the submission to the data box.

When arranging these services, or in the event of any legal problem in their use, it is therefore important that the rights and obligations concerned are professionally protected so that users can use these services effectively. For example, in a dispute over the delivery of an electronic report, it may also be unclear whether a contract has been concluded or whether a party to the proceedings has fulfilled the necessary obligations to effectively enforce his claim. Failure to fulfill these obligations can mean not only failure in the matter, but often failure of the whole business plan.

Contact us

MENUX