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BBH
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IT/IP

Knebl Ondřej


In recent years our law office has gained a very strong reputation in a field of IT/IP and personal data protection. Herein, we would like to highlight some significant cases we handled regarding client database name and data protection:

Personal Data Protection

  • Česká pojišťovna, a.s. BBH provided legal counsel to Česká pojišťovna a.s. in a case pertaining to the protection of their client names and other information held in their databases.
  • Česká kancelář pojistitelů. BBH provided legal counsel to ČKP (a professional association of all of the insurers in the territory of the Czech Republic) and participated in the creation of a central database of damage liability. This database was created and controlled by ČKP to enable all of its insurers to share and analyze information about the names and descriptions of users of self-propelled motor vehicles and predict possible insurance cheats, the so called “bonus/penalty tourism”.
  • Home Credit a.s. BBH provided legal counsel in connection with the so-called secondary processing of names and descriptions.
  • Home Credit a.s. BBH further provided complex legal counsel regarding a cross-border action of name and description processing in connection with a securitization transaction. This involved the analysis of the problem consideration of the proposition and consultation for the optimal resolution with ÚOOÚ and the preparation of the necessary documentation.
  • ČP Leasing a.s. BBH significantly participated in the revisions and editing of the relevant credit documentation, including questions relating to the use of name and description information under the provision of the act on the protection of name and description information.
  • PPF banka a.s. BBH participated in the establishment of the functioning of this bank, which involved solving questions related to the drafting of standard contract documentation and questions on the use name and description information.
  • PPF banka a.s. BBH participated in the establishment of the functioning of this bank, which involved solving questions related to the drafting of standard contract documentation and questions on the use name and description information.

IP/Trade Marks

  • Unfair Competition and Trade Mark Dispute. We very successfully represented one of the largest Czech producers of sparkling wine in a dispute concerning protection against the misuse of their world-recognized trade mark and unfair competition. Due to the success with the Court of First Instance, the claimant has initiated out of court negotiations which resulted in settlement of the dispute.
  • Home Credit B.V Bond Issue. BBH advised Home Credit B.V., as the issuer, on the issue of bonds having a face-value amount of 3 bn. CZK (approx. 120 mil. EUR.), and their subsequent listing on the Prague Stock Exchange.
  • Rebranding Process (IP/Trademarks). We represented our client PILSEN STEEL s.r.o. (formerly ŠKODA STEEL s.r.o.) involved in the heavy machinery industry in the process of changing the firms´ identity (rebranding) in the Czech Republic, European Union and other world countries.
  • Unfair Competition. We successfully acted as legal counsel to a prominent web sites operator in an unfair competition dispute, the object of which concerned conduct contributing towards the mistaken identity of domains owned by different entities.
  • Trade Mark Dispute. We represent a company Lignamon CZ, s.r.o. a significant Czech producer of plasticated wood in a trademark dispute and in several proceedings at the Czech Patent and Trademark Office and The Office of Harmonization for the Internal Market (OHIM).
  • Copyright Levies. We provided successful legal services to six the most important importers of electronic equipment on the Czech market in tens of civil court proceedings against collective administrators of copyrights regarding the payment of copyright levies connected to the imports of reprographic equipment. We continue to provide legal service to these companies in their daily contact with collective administrators of copyrights. We also assist these clients with the interpretation of Copyright Act and their communication with state authorities regarding the copyright levies.

IT, e-business

  • IT system for a leading Czech bank. BBH has been engaged in the drafting and elaborating of comprehensive contractual documentation concerning the purchase, implementation and maintenance of an IT system for a leading Czech bank. A leading Czech insurance company also engaged BBH to examine legal documentation developed for its software facility, primarily from the perspective of conformity with all applicable copyrights. We have also created contractual documentation (the license agreement) regarding bank software for two Czech financial institutions.
  • ERP software system. BBH provided legal advisory services in several projects concerning IT and e business. Cases worth mentioning from this portfolio are participation in the project concerning the implementation, maintenance and license of a completely new ERP software system to one of the largest Czech banks, and participation in the project of implementation and licensing of a new hardware and software internal system to the largest group of Czech insurance companies.
  • Ministry of Defense of the Czech Republic. BBH also advised several clients that focus on the delivery of IT and high-level consultancy services including IT security and auditing services for the Defence Ministry of the Czech Republic, utilizing also BBH´s experience with counselling Sellier & Bellot, a premium ammunition company in its IT requirements, and BDO IT a.s., a local member of the fifth world largest assurance, tax, financial advisory and consulting services companies group.
  • Implementation of Insurance Policy Administration I. A project for the implementation of insurance policy administration (within the scope of life and non-life assurance) was conducted for a prominent Czech insurance company.
  • Implementation of Insurance Policy Administration II. Another project for the implementation of software and insurance policy administration (within the scope of life assurance) was undertaken for the largest Czech insurance company. The project was comprised of co-operation in the negotiation of contractual terms and conditions with the software provider (software “TIA”) as well as with the negotiation of contractual terms and conditions for the software implementer and the hardware supplier.
  • ERP software. BBH was further responsible for the project on the implementation of ERP software by the company Peoplesoft in a prominent Czech bank.
  • Contract for Work. BBH was involved in representing a prominent Czech financial institution in the course of concluding a contract for work with the company Unicorn.
  • Corporate Software Agreements. BBH provided the preparation of sample agreements for the Czech branch of Europe’s largest provider of corporate software.
  • Sample Agreements. BBH also conducted the project on the preparation of sample agreements for certain prominent providers of comprehensive IT solutions (including an implementation agreement), a contract for work (provision of system integration contract) and a license agreement, and the conclusion of them with their customers and the related legal consultancy concerning select issues and training and our support activity in their managing the use of these sample agreements.
  • Master Agreement. BBH drafted and negotiated a master agreement with a prominent Czech bank concerning its shared cost centre, which is intended to serve for an entire bank group in the CE region.
  • Last but not least, BBH participated in many other projects whose subjects included the supply of PKI for a prominent Czech bank, the development of software by order, the contractual coverage of a project developing the electronic wallet, the use of the web interface for business purposes, the use of a domain and domain names, the representation of prominent IT providers in the course of competitive bidding, the co-operation on and revision of their bids and appearance during the proceedings at the competition awarder and with the supervision authority.

We also participated in several highly specialized discussions, workshops and conferences conducted by the Komise pro cenné papíry (the Securities Committee) and the Czech National Bank, based on which national opinions on specific Czech legal matters have been adopted.

In addition to the above, we are on the shortlist of, or have provided our legal services to, the following clients:

  • PPF Group
  • Česká kancelář pojistitelů
  • Česká pojišťovna, a.s.
  • Home Credit a.s.
  • PPF banka a.s.
  • BDO IT a.s.


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