Information and Communication Technology

PRK Partners is a leading legal practice in Central Europe where ICT law is concerned. The internet as well as new disruptive technologies have become an additional aspect of practically all business activities. This significantly changes the way business is conducted, and it also creates completely new opportunities and opens the road to new ways forward. At the same time these technological advances bring about new regulatory requirements and the necessity for clients to meet all compliance obligations.

While we at PRK Partners comprehend the crucial impact new technologies have on clients’ businesses, we also strive to understand our clients’ needs and offer innovative solutions. Our ICT law team works closely with other PRK Partners specialists across different practice areas, such as intellectual property, M&A, finance, insurance, employment, healthcare, dispute resolution and others.

We provide clients with top legal support across a wide spectrum of modern topics and projects, which they need more and more in their everyday business lives.

Main focus

Our legal team in the area of ICT law provides legal advisory services in all areas which in the coming years will be top priorities in the Czech Republic:

  • Protection of personal data and privacy (GDPR, e-Privacy Regulation, PSD2, NIS, etc.), for more information see Data Protection ;
  • Cyber security (legal and organisational aspects, security policies, legal risks and responsibilities and how to balance them among stakeholders, regulatory duties and how to address them, children’s protection in the online environment);
  • Big Data (responsibility for data, clouds and private clouds, AI, data robots, etc.);
  • Media and Telecommunications, for further information see Media and Telecommunications ;
  • E-Government (online justice, consumer disputes, e-communication between state agencies and citizens, etc.);
  • Innovative e-services (comprehensive legal advisory services to innovative start-ups, introduction of new business concepts into the Czech legal environment, transfer of R&D results into practice);
  • International and local acquisitions in ICT solutions;
  • E-commerce (online advertising and ad-blocking, unfair competition, etc.);
  • IP online (protection of online content, collecting societies v. IP clearinghouses, domain names, etc.);
  • Traditional ICT law (SW, HW, IP, electronic communications), drafting and negotiation of licence agreements;
  • Transactions on supply, maintenance and management of technological systems, drafting and negotiation of technology contracts;
  • (ICT) outsourcing;
  • Compliance with regulatory requirements in all of the above matters; and
  • Representation before regulatory authorities, courts and other dispute resolution bodies.

Selected experience

Our team has the following specific experience covering aspects of all topics mentioned above:

Protection of personal data and privacy

  • Preparation of comparative analyses for decisions of large Czech firms regarding the strategy of their GDPR implementation projects, including e-Privacy and PSD2;
  • Participation in the core project team for GDPR implementation of a financial institution;
  • Strategic impact assessment of the GDPR for a group of Czech companies belonging to a German industrial concern and further assistance in the introductory steps of the GDPR compliance project;
  • GDPR requirements analysis for a Czech broadcasting company, including in particular establishing and setting the competencies of the data protection officer (DPO);
  • Preparation of the specifications of a digital application for managing the GDPR and personal data processing in Czech firms and institutions;
  • Initial analysis of a comprehensive GDPR compliance project for a local administrative body;
  • Representing a number of Czech and international companies during data protection audits conducted by the Czech Data Protection Office;
  • Legal aspects of large transborder data flows involving several continents (Europe, USA, India);
  • A member of our team served on the Appeals Board of the Chairman of the Czech Data Protection Office for a number of years.

Internet and online services

  • Representing a number of Czech and foreign companies providing online services, including fintech and e-financial services, online gaming and gambling, medical “second opinion” apps in e-health, etc. Our work included helping the client structure their innovative services so that they comply with Czech and/or Slovak law and helping them identify international best-practice regulation;
  • A member of our team founded an innovative international start-up related to consumer online dispute resolution and served as its CEO for more than four years;
  • A member of our team has worked on the compliance project team for eIDAS – the EU regulation on electronic identification and trust services for electronic transactions in the internal market – in one of the largest central administrative authorities. The project comprised a complex legal assessment of some 90 administrative procedures conducted by about 110 administrative bodies subordinated to the central authority and their timely reengineering to meet the requirements of the regulation;
  • Managing the international team which prepared and implemented a new UDRP online platform for the Czech Arbitration Court. The Czech Arbitration Court was approved by ICANN in January 2008 and was the first UDRP provider approved by ICANN in seven years. The Czech Arbitration Court was the first UDRP provider worldwide to offer only electronic UDRP worldwide;
  • Managing the international team which prepared and implemented a new ADR Centre for .eu related disputes attached to the Czech Arbitration Court. This ADR Centre has become the sole ADR provider approved by the European Commission. The ADR Centre has so far received several thousand requests to hear complaints. The ADR Centre is capable of administering .eu-related disputes in all but one of the official languages of the EU (the exception being Maltese);
  • Active participation on the team which provided consulting services to ICANN in relation to the introduction of new top-level domain names (gTLDs);
  • Active involvement in setting up a self-regulatory system for the registration of domain names in the Czech Republic (CZ.NIC), as well as in the introduction of an ADR system for resolving .cz domain name disputes in the Czech Republic. The ADR forum is the Czech Arbitration Court in Prague;
  • Representing a number of Czech and international brand owners in disputes against domain name holders of various domain names;
  • Preparation of legal documentation for two accredited certification authorities in the Czech Republic;
  • Preparation of legal documentation for a local SaaS/PaaS business solutions provider with business operations in the United States, European Union and United Arab Emirates;
  • Management of several projects dealing with the transformation of paper documents to electronic form and their long-term digital archiving.

Negotiation experience in IT

  • Negotiator in major IT contracts in the Czech Republic on behalf of major Czech companies and public administrative bodies, including ČEZ (Temelín Nuclear Power Plant), Ministry of Trade and Industry, Raiffeisenbank and PRE;
  • Preparation and negotiation of joint-venture projects in the ICT sector, including mediation of IP and IT-related issues, drafting legal documentation, preparation of disclosure letters and conducting due diligence exercises (e.g. ICZ, CCS);
  • Legal representation of several successful Czech IT entrepreneurs (e.g. Icewarp, Cesnet, ICZ, Editel, Software602, etc.);
  • Legal representation of several clients in acquiring business critical software / information systems;
  • Drafted sets of various types of technology agreements for Czech and international clients for use in the global marketplace, including modern types of licenses, such as open source licenses, hybrid licenses, open content licenses, etc.

Electronic communications

  • On behalf of a Czech mobile operator, participated in the preparation of a new Czech law on electronic communications;
  • Managing the international team which represented the Czech incumbent telecommunications operator in the market review process under the New Regulatory Framework for electronic communications of the EU;
  • Representing large operators in a number of competition-law matters related to various aspects of electronic communications, including broadband offers, LLU, etc.