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FAQ

Construction law

Yes, pursuant to Art. 70 of the Building Act, the building permit, including its extension, is also binding on the new land owner (legal successor). The building permit price is likely to be included in the total purchase price of the property.

 

These are standardized contractual models issued by the International Federation of Consulting Engineers (FIDIC) based in Geneva. It is a set of standard provisions, rules and procedures that are used in the implementation of various types of publicly and privately funded construction projects.

Personal Data Protection

Depending on the nature of the business, the employer may have various legitimate interests which may justify the processing of personal data without the employee’s consent. In our experience, this concerns for example with an interest in (i) protecting the assets and safety of the company, employees and persons legally present at the employer’s premises; (ii) the management and effective organization of the company, carrying out administrative activities within the group; (iii) the protection of financial interests; (iv) ensuring anti-corruption measures; (v) ensuring confidentiality and safety of the data; (vi) ensuring network security and information security; (vii) exercising or protecting rights in various administrative, arbitration, criminal, judicial or execution proceedings and of course, also in other cases.

In addition to GDPR, Art. 78 sec. 3 of the Slovak Act on Personal Data Protection provides, that the employer is entitled to provide or disclose personal data of the employee in the extent of title, name, surname, job title, position, personal or employee number, department, place of work, telephone number, fax number, work email address and the employer’s identification data, if it is necessary in connection with the performance of the data subject‘s working responsibilities. However, the provision or disclosure of personal data shall not violate the seriousness, dignity and safety of the data subject.

Basically yes, but only upon a condition that you have given the customer the option to refuse the direct marketing communication (opt-out) at the time of concluding the electronical purchase contract and the content of your direct marketing is similar to services or goods that customer has already ordered from you.

Theoretically, GDPR considers direct marketing communication as a so-called legitimate interest of the controller, and hence generally would allow addressing the existing customers through the direct marketing. However, GDPR is not the only regulation that needs to be taken into account.

In the case of direct marketing addressed to natural persons, account must also be taken of the Electronic Communications Act (Sec. 62 par.  2 and 3), which requires direct consent of the recipient with direct marketing. Consent of the recipient is not required only if all of the following conditions are met: (i) it is the direct marketing both of entrpreneur‘s own and at the time similar goods and services, (ii) the contact information (e-mail address) has been obtained by the entrepreneur  in connection with the sale of the goods or services; (iii) at the time when entrepreneur obtained the contact information – i.e. at the moment of concluding the purchase contract through the e-shop, the recipient had the opportunity to simply and free of charge refuse using of his or her contact information for direct marketing purposes.

Proceedings with state authorities

Be sure to contact a lawyer. The Protocol states, that you have breached a legal obligation. It is a fundamental document on which the whole further proceedings shall be based. The Protocol itself may contain obligations (so-called measures), that the Labour Inspectorate might impose on your company. These obligations are mostly associated with the need to eliminate errors in existing processes, or may lead to setting up of new processes or implementation of a specific legal (possibly new) regulation. Therefore, the help of the lawyer may be necessary.

If you do not agree with the measures laid down in the Protocol, it’s necessary to file an objection (or administrative action) immediately. Missing the relevant defence can directly lead to your failure in further proceedings.

However, removing the violations found by the inspection may not end the whole process. You are likely to be imposed with a penalty for breaching of your obligations, even if you have already remedied the errors. It is useful to have the decision imposing a penalty examined by a lawyer who assesses whether the state authority not only correctly formulated the operative part of the decision, but also whether the penalty is duly reasoned and whether the authority respected your rights in the proceedings.

The decision whether to pay the imposed penalty or not, may depend on various factors – e,g, the amount of the penalty, the nature of the obligation which has been breached. In addition, a decision imposing a penalty may damage the company’s reputation. This must also be taken into account.

If you decide to defend yourself against the decision, the following legal means are available: appeal against the decision, then a court action with the Regional Court, and subsequently, cassation complaint at the Supreme Court.

In any case, we recommend contacting a lawyer if you have been penalized for so-called illegal employment. The reason is that the obligation to pay the imposed penalty is not the only consequence associated with the violation of the prohibition of illegal employment. A company which has been penalized for illegal employment may not participate in public procurement for three years or receive a state aid. This can have a significant negative impact on company’s economic result. In addition, if the prohibition of illegal employment is violated repeatedly, the Trade Licensing Office is obliged to cancel the company‘s business licence.

The lawyer will study your case, analyse the circumstances, the conduct and the reasoning of the Labour Inspectorate and help you find arguments or ways to eliminate or at least postpone the negative consequences of the decision.

Software law

The NDA is an abbreviation of the English term Non-Disclosure Agreement, in other words – confidentiality agreement.

Through the NDA, one or both parties (as the case may be) undertake not to provide or make available to third persons the information they have provided or made available to each other or that they limit their use solely to the agreed purpose.

NDA is concluded not only during the implementation of a specific project, but often before business negotiations even start or at the stage of submitting a bid, if it is necessary for the parties to access or exchange know-how, knowledge, sensitive information or data during these negotiations.

In our practice, we have encountered dozens of different NDAs – whether unilateral, bilateral, or multilateral.

We can provide you with the service of drafting NDA, commenting on NDA, assessing whether the obligations and limitations imposed by the NDA are necessary to achieve its purpose.

We will check whether your signature on NDA does not unreasonably restrict you in your further business or even liquidate it (for example, by an exclusivity commitment, that you did not expect).

Litigations

The court fee is 6% of the value of the subject matter of the dispute, however minimum  EUR 16.50 and maximum EUR 33.193,50 in commercial cases. If you decide to recover your claim in the so-called reminder procedure (payment order), the court fee is 50% of the abovementioned percentage – i.e. 3%.

The prescription period of your receivable shall expire after four years from the date of its maturity. Within this period you should submit an action at court; if you submit it later, the court may not adjudicate the claim to you if the counterparty objects that the prescription time period has already lapsed.

You have a statutory right to late payment interest (Commercial Code Sec. 369 par. 2). The interest rate shall be equal to the basic interest rate of the European Central Bank in force on the first day of the relevant calendar half-year of delay, increased by eight percentage points (the default interest rate thus determined shall be applied throughout this calendar half-year of delay) or at a rate equal to the basic interest rate of the European Central Bank in force on the first day of default plus nine percentage points (the rate of default interest thus determined shall be valid for the entire period of default).

Contracts

No. A contract requires a written form only in the cases provided by the laws, or when at least one party, when negotiating the contract, expresses the will to conclude the contract in writing. However, we certainly recommend concluding written contracts especially in terms of prevention, elimination of potential risks and future evidence in a potential dispute.

The answer to this question must be looked for in the original purchase agreement which the parties concluded. If a written contract contains a provision that it can be changed or cancelled only in writing, the contract can be changed or cancelled only in writing. However, if there is no such provision, the mutual communication of the authorized persons could also be considered as a valid amendment to the contract.