- Definitions and introductory provisions
„GDPR“ means regulation n. 679/2016 general data protection regulation;
„GDPR modules“ mean set of legal documentation for adherence of compliance with GDPR together with instructions to use delivered by Law office to a client via Website;
„Licensing agreement“ means licensing agreement of Law office for using documentation available at
„Commercial code“ means act n. 513/1991 Coll. Commercial code as amended;
„Advocacy Act“ means act n. 586/2003 Coll. on the Legal Profession and on Amending Act No. 455/1991 Coll. on the Business and Self Employment Services (Business Licensing Act);
„Act on Electronic communications“ means act n. 351/2011 Coll, on electronic communications as amended;
„Data Protection Act“ means act n. 18/2018 Coll on protection of personal data;
„Parties“ mean jointly Law office and Client, each separately as „Party“;
„Website“ means website of Law office www.dagital.eu including sections and sub-sections.
d) visiting and using Website (only insofar as it relates to the use of Website);
- Contact. General contact information of Law office: email@example.com, 0911 195 133, Dagital Legal, s.r.o., Nové Záhrady I/9, 821 05 Bratislava – mestská časť Ružinov, Slovak Republic. Parties are obliged to notify each other of the change of contact data, while the original contact information is valid until the new contact details are communicated. Until such change in contact details is notified to the other Party, the other Party may use the original contact details for any communication (whether written or electronic) hereof which is deemed delivered to the breaching Party even if returned as not delivered.
- Oversight. The authority conducting oversight over the course of providing legal services is Slovak bar association, Kolárska 4, 813 42 Bratislava (www.sak.sk). In terms of processing of personal data, the relevant data protection authority is Office for the Protection of Personal Data of the Slovak Republic, Hraničná 12, 820 07 Bratislava 27, Slovak Republic (www.dataprotection.gov.sk). In terms of consumer rights and e-commerce the relevant oversight authority is Slovak commercial inspection, P. O. BOX 29, Prievozská 32, 827 99 Bratislava (www.soi.sk).
- Legal services
- Compliance with legislation. Law office provides legal services in accordance with the Advocacy Act and bylaws of the Slovak Bar Association, and in particular with Code of Advocacy.
- Representation. Law office is entitled to be represented by another lawyer, associate or employee of Law office, under the authority of Law office and the representation must not be against the will of the Client. The Client expressly agrees that the Law office may, under its authority, be able to be represented by the persons listed on Website.
- Insurance. Law office is insured for liability for damage that might arise in the provision of legal services with a limit of at least € 1,500,000. The provision of services other than legal services is not covered by Law office's liability for damage incurred.
- Fee & Billing
- Fee. The renumeration of the Law office for legal services provided to the Client is agreed between the Parties, in particular in a separate legal service contract, in the form of acceptance of Law office offer (including email acceptance) or by reference to the price offer provided on the Website. The Law office is entitled to request a reasonable advance from the remuneration.
- Other costs. The fee includes all the costs of the Law office related to the provision of legal services in addition to the actual expenses and compensation for the loss of time in the sense of Decree no. 655/2004 Coll. Of the Ministry of Justice on the remuneration and compensation of lawyers for the provision of legal services. Flat-rate costs of telecommunication expenses represent 3 percent of the total annual remuneration paid by the Client to Law office including VAT, and the Law office is entitled to charge these costs retrospectively for the entire calendar year.
- Tariff rewards. In the absence of an expressly agreed legal service contract between Parties, the Parties have agreed to an hourly fee for legal services of EUR 150 without VAT payable monthly with a maturity of 15 days or at the tariff reward of a lawyer with the same maturity, whatever is higher.
- Rights and obligations of Parties
- Confidentiality. Law office is obliged to maintain confidentiality about the facts which it has learned in connection with the practice of advocacy under Section 23 of Advocacy Act. The duty of confidentiality does not apply to the case of a lawful obligation to contravene commission of a crime or leave a reference to Law office within the meaning of the following point. The duty of confidentiality applies to all persons employed by Law office for the provision of legal services (employees, advisers, co-operating lawyers, clerks, etc.). The duty of confidentiality persists even after any Termination (as defined below).
- References. It is common practice for law firms to provide basic information about clients and the content of legal advice in general for the purposes of national or international law firm ratings, such as references to their own website, marketing materials, or offers of legal services. The Client agrees that Law office will disclose the following information about the Client in connection with provision of legal services. Law office commits itself to proceed with the use of references in a way that will not disclose any sensitive information about the Client and the content of legal advice. This point applies to Clients who are only provided with GDPR modules by Law office. Law office may not use a reference if it would be detrimental to the Client's interests. Example of the general reference format used by Law office:
“Business name of Client / Client´s Group – provision of legal services in the area of data protection including provision of gap analysis of compliance with GDPR together with standard documentation.“
- Liability for damage. Law office shall be liable to the Client for any damage caused by the provision of legal services under Section 26 of Advocacy Act. Client is responsible to Law office in particular for damage caused by breach of the Licensing agreement.
- Provisions related to GDPR modules
- Client accepts that documents that are part of the GDPR Modules represent the author's works and know-how in respect of which Law office's property rights are exercised. The use of these documents is subject to the Licensing agreement.
- Client is required to enter the correct identification and billing information, including the email address, in the order of GDPR modules. The client has the possibility to check all the filled data before the final order confirmation. If the Client detects errors after submitting an order, Client may request the data to be corrected by sending an email to firstname.lastname@example.org.
- The Client is required to enter a real number of employees of his organization or group in the order of the GDPR modules and the real number of persons planning to use the GDPR modules. When entering a real number of persons planning to use GDPR modules, the Client is required to manage and accept any limitations on this number proposed by the Website. The maximum number of Client´s users using the GDPR modules within the same group of undertakings is 20 users. This information is binding and necessary for Law office to be able to monitor the authorized persons of the Client under the Licensing agreement or monitor compliance with Licensing agreement.
- Law office is obliged to confirm the Client's order without delay by sending the confirmation email to the email specified by the Client upon ordering.
- Legal services via the Website may not be available at any time. The Law office reserves the right to terminate the provision of legal services at any time through the Website.
- Parties agree that the remuneration for the GDPR modules will be paid in full before the delivery of the GDPR modules. Upon ordering any GDPR module, the Client is first required to pay and immediately after the funds have been credited to the account of Law office within three business days, Law office is obliged to send an email to the Client with instructions for downloading GDPR modules or the GDPR modules themselves. In case of delay of delivery of GDPR module the Client is obliged to notify the delay by e-mail to email@example.com and Law office is obliged to make corrective measures without undue delay.
- The GDPR module renumeration is determined separately for each GDPR module and is provided on the Website and the Client expressly acknowledges this remuneration in the order. As soon as the remuneration has been credited to the Law office's account, the Law office is obliged to send an electronic invoice to the Client by sending an email to the Client. Any reduction in the price of a particular GDPR module in the future will not affect the amount of remuneration paid for the GDPR module prior to its reduction, and the Client is not entitled to receive a part of the remuneration corresponding to that reduction.
- The provision of GDPR modules via the Website constitutes legal services due to Section 2 (2) of the Advocacy Act legal services, among other things, may be considered provision of legal advices, drafting documents on legal acts and other forms of legal advice and legal assistance, if performed on a continuous basis and for remuneration.
- By ordering any GDPR module or other template documentation via the Website, the Client instructs Law office to prepare for the Client a sample legal documentation for the protection of personal data that is not customized to the needs and requirements of the Client but is intended to be filled by the Client on the basis of legal advice provided by the Law office in the Instruction to use documentation or description of a specific document. The Client expressly agrees with such a procedure despite the fact that according to Law office it is best to entrust Law office with an analysis, audit or other advice aimed at adapting the legal documentation to the particular needs and requirements of the Client. The Client accepts the risks associated with such a procedure, in particular the risk of incorrect filling of documentation by the Client. Liability of Law office for damage caused to the Client in the provision of GDPR modules is limited for the above reasons to cases where the Client is damaged in a causal link with the wording of the unfilled documentation or instructions.
- The Client acknowledges that GDPR modules have been developed in the context of the Slovak legal order and may not reflect the requirements or customs of other legal orders or foreign regulators.Klient berie na vedomie, že Kancelária nezaručuje zabezpečenie súladu Klienta s GDPR v prípade používania GDPR modulov. Súčasťou právnych služieb pri poskytovaní GDPR modulov nie je zabezpečenie súladu s GDPR ale splnenie pokynu podľa bodu 5.11 týchto VOP vyššie.
- The duration of provision of legal service for GDPR modules is agreed by the Parties as until delivery of the GDPR modules to the Client.
- In case of "Full" and "Exclusive" GDPR modules, the Client is entitled to use free legal counsel of Law office in the area data protection within a limited period of time (4 hours) but only in the case of control or proceedings by the Office for the Protection of Personal Data of the Slovak Republic, whereby the Client has the right only if he exercise it immediately upon receipt of a notice of initiation of the inspection or administrative procedure. For the avoidance of doubt, the right does not apply to proceedings or controls carried out by other supervisory authorities.
- GDPR modules represent an information society service explicitly required by the Client, where the Parties agree that monitoring of access to documents is indispensable for the provision of that information society service.
- Remuneration for GDPR modules or other documentation purchased through the Website is payable either by bank transfer or by credit card via CardPay provided by Tatra banka, a.s.
- Duration and Termination
- Duration. The duration of the relationship between Law office and the Client is always defined separately in the agreement between Parties. The duration may also be agreed in a framework form where the Client is entitled to consult the Law office at any time under the framework agreement.
- Entitlement to financial consideration. Entitlement to financial consideration for services already provided, or the right to recover funds of any Party arising prior to Termination or incurred as a result of Termination of pertinent Termination, shall not cease and Party shall satisfy it without delay, within 10 days of Termination at the latest.
- Final Provisions
In Bratislava on 31 October 2018
Dagital Legal, s.r.o.