Legal advice
Whistleblower Protection Bill – update
This January, we already informed you about the upcoming draft bill on whistleblower protection, which is intended to implement Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons…
Clarification of the conditions for submitting a request for payment of wages owed in the event of the employer’s insolvency
At the end of this April, an amendment to the act on the protection of employees in situations, where their employer is unable to pay their wages due to insolvency, underwent a thrilling turn of events As such, the Act provides resources to workers…
CJEU on the interpretation of the right to obtain a “copy” of personal data
In its judgment of 4 May 2023 in Case C-487/21, the Court of Justice of the EU (“CJEU”) commented on the interpretation of Article 15(3) of Regulation[1], which governs the right of the data subject to be provided with a copy of the personal data…
Employee testimony
The Supreme Court of the Czech Republic (hereinafter the “SC”) has previously concluded in its decision-making practice that the mere fact that a witness is in the position of an employee of one of the parties to the proceedings does not in itself…
Preemption is not always the same
In its pre-Christmas judgment 26 Cdo 2923/2022, the Supreme Court again clarified somewhat more clearly the nature of the pre-emption right to a unit under article 1187 of Act No. 89/2012 Coll., the Civil Code (CC). Previous case law has already…
Reduction of contractual penalties after a landmark ruling of the Supreme Court
Contractual penalty – an instrument accompanying many contracts, well known even to legal laymen. It is also a tool at risk of being misused. A high contractual penalty can be disproportionate and, in extreme cases, even liquidating. For such cases,…
You cannot collect biological and genetic data on any accused person! There must be compelling reasons for this, the CJEU said.
At the heart of the case under review was a preliminary issue of a specialised criminal court in Bulgaria. The court considered an application by a Bulgarian police authority to authorise compulsory collection of biological and genetic data on a…
Freedom of expression as a possible justification for disclosure of sensitive information by an employee
Article 10 of the Convention[1] provides protection for freedom of expression.
Depending on the circumstances of the case, disclosure of sensitive information may be subject to protection (the so-called whistleblowing). At the same time, public…