The GDPR – stricter rules on the handling of personal data

1. Introduction This article aims to highlight some of the main impacts of the General Data Protection Regulation (GDPR).  The objective of the GDPR, due to take effect on 25 May 2018, is to reinforce EU citizens’ rights when their personal data is processed. The GDPR encompasses individuals (natural persons), who are data subjects, and…

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The New Civil Code – the right of superficies

1. Superficies solo cedit  With effect from January1 , 2014, Act No. 89/2012, the Civil Code, introduced the principle of superficies solo cedit (“the surface yields to the ground”), according to which anything firmly attached to the ground, including a structure, becomes part thereof (structures built on another person’s land up to December 31, 2013…

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Amendment to the Insolvency Act – unlocking debt relief

1. Introduction  On January 16, 2018, the government approved an amendment to Act No 182/2006, the Insolvency Act, that profoundly revises the conditions for debt relief. Debt relief is a way of tackling a debtor’s insolvency, i.e. a situation where a debtor has multiple creditors, has defaulted on his liabilities (debts), and is unable to…

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An economically dependent arbitrator is not an independent arbitrator

1. Introduction On 24 August 2017, the Regional Court in Prague handed down a ruling, under reference number 28 Co 263/2017-103, halting enforcement procedure pursued by a finance company against one of its debtors. As explained below in this article, the judgment could pave the way for the discontinuance of tens of thousands of enforcement…

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