Klientské informace v bankovním sektoru podléhají bankovnímu tajemství. Práce popisuje situace, kdy je možné bankovní tajemství prolomit nebo předávat klientské informace dalším subjektům a způsoby, jakými banky klienta informují o zpracování jeho osobních údajů.

Protection of trade secrets (with a focus on Directive 2016/943) Abstract The subject of this diploma thesis is to assess the protection of trade secrets in the context of Czech legislation with the comparison of the requirements of the Directive on the protection of trade secrets. The diploma thesis is based primarily on the valid legal regulations and Czech case law, which is associated with the regulation of the protection of trade secrets. Individual subjects of competition invest in research and development to gain a competitive edge or maintain their competitiveness. The results of their innovative activities are often subjected to dishonest practices aimed to disrupt or abuse them. The institute of trade secrets is one of the important ways to protect the results of innovative activities. Its importance is confirmed by the adoption of Directive (EU) 2016/943 of the European Parliament and of the Council. The first part of this diploma thesis focuses on the definition of the concept of trade secrets according to the Czech legislation, its comparison with the concept of the Directive and evaluation of their mutual compliance. The second chapter is devoted to the main theme of the diploma thesis, which is the protection of trade secrets under the law against unfair competition. I consider its regulation...

The main purpose in writing this work was therefore to analyze whether the trade secret belongs to assignable and transferable type of intangible asset law and whether it could be effectively protected. The author of this work has been himself asking questions: first of all what actually is trade secret? And is it possible transfer or cede it? And if it is possible is also possible to protect this intangible asset sufficiently in course of this transaction? The author came to conclusion that trade secret falls within the scope of intellectual property, same as patent, trademark, copyright, though trade secrets are more difficult to transfer and protect then other kinds of intellectual property while they are neither formalized nor well documented. And most of all they supposed to stay hidden forever. The property right in a trade secret is determined by the fact the owner protects its trade secret from disclosure to third parties. On the other hand in order for a valid transaction to take place trade secret must be first of all adequately identified. Above mentioned shall be taken into account while writing various types of contract that could be used for transferring of ceding of trade secrets i.e. license agreement, the contract on transfer of business share, contract for work, contract on lease...

Selected aspects of attorney's duty of confidentiality Abstract One of the attorney's most important duties is the commitment to maintain the confidentiality of information he or she has learned while providing legal services. However, it is not a lawyer's privilege but a commitment to protect the rights and legitimate interests of his or her clients. The duty of confidentiality may be waived exclusively by the client or his legal successor of the client. Restrictions or breaches of this obligation should occur exceptionally, only in defined cases. In recent years, the effort of the legislators and other entities to disclose this duty of confidentiality can be noticed in the Czech Republic. The overall purpose of this thesis is to analyse the legal regulation of attorney's confidentiality in the Czech Republic. This thesis focuses mainly on the regulation contained in the Czech Law of Advocacy, in the relevant provisions of the Czech Criminal Procedure Code and in the professional regulations of the Czech Bar Association. The first two chapters of this thesis are rather of general nature. A significant part is devoted to explanation of the notion of confidentiality, its meaning and its material and personal scope. The third chapter discusses legal exceptions when breaching of attorney's confidentiality is...

The Digital age, as is the beginning of the 21st century sometimes called, is in the business field characterized by a high level of automatization of its processes, which requires the digitalization of a huge amount of data. This automatization brings the acceleration of processes, both human intervention and errors reduction, and thereby it lowers the costs and increases the profits. Among the digitalized data, there are various kinds of data essential for the company prosperity such as know-how in form of various recipes, manuals, formulas, templates, etc. As it is common with other valuable assets of the company, it is also necessary to protect such data against theft or misuse. This thesis analyzes various possibilities of such data protection and does so in reaction to known risks on the example of actual company, and analyzes the readiness of this company in the data protection field. In the end, the thesis assesses its present state and advises on what the company should do in data security field in future. That is, of course, with the particular tools implementation taken into account.

In this final work we compare fantastic forms of realistic literature in the little formations from the break of the 19th and 20th century. We look for specifics of fantastic in selected texts. By the analysis of mysterious and realistic motives we aim to show the common roots of fantastic literature and its diversity. In the first part we analyse the tales of Karel Švanda ze Semčic and compare the poetics of Švanda and E. T. A. Hoffmann, an important German romantic writer of fantastic proses. In the second part we analyse the texts of Jakub Arbes, Julius Zeyer, Růžena Svobodová and Jiří Karásek. Particularly, we focus on how the mysterious and realistic motives are realized in these texts. Finally, we compare all the texts and observe how do they follow the tradition of romantic fantastic and which other kindes of literature we can distinguish there. We use the method of narratological analysis, the basic literature is Narrative Fiction: Contemporary Poetics of Shlomith Rimmon-Kenan.

Personal data processing in banking sector within the context of banking secrecy Abstract Banking secrecy is a concept which has been intertwined with the provision of banking services since the very beginnings of this industry. Even though it is a universally known concept, its legal definition, including piercings of banking secrecy, is not comprehensive. In recent years, its form and the possibilities of piercing it have been evolving considerably due to often conflicting modern legislative trends (emphasis on consumer protection, emphasis on data processing transparency, support of client mobility in the banking sector, support of innovative financial services, sharing of data for crime prevention incl. terrorism, money laundering and tax evasion). The goal of this thesis is to present banking secrecy in a complex manner including the categories and the respective individual concrete piercings within the context of data processing legislation, including laying out interpretation problems from practice and proposing concrete solutions. Further, the thesis, where suitable, the thesis also includes proposals de lege ferenda. The thesis begins with an introduction to the subject matter and is further divided into four chapters, which are followed by a conclusion that sums up the partial conclusions made...

Personal data processing in banking sector within the context of banking secrecy Abstract Banking secrecy is a concept which has been intertwined with the provision of banking services since the very beginnings of this industry. Even though it is a universally known concept, its legal definition, including piercings of banking secrecy, is not comprehensive. In recent years, its form and the possibilities of piercing it have been evolving considerably due to often conflicting modern legislative trends (emphasis on consumer protection, emphasis on data processing transparency, support of client mobility in the banking sector, support of innovative financial services, sharing of data for crime prevention incl. terrorism, money laundering and tax evasion). The goal of this thesis is to present banking secrecy in a complex manner including the categories and the respective individual concrete piercings within the context of data processing legislation, including laying out interpretation problems from practice and proposing concrete solutions. Further, the thesis, where suitable, the thesis also includes proposals de lege ferenda. The thesis begins with an introduction to the subject matter and is further divided into four chapters, which are followed by a conclusion that sums up the partial conclusions made...

Title of the thesis: Banking secrecy The paper deals with a traditional instrument dedicated to protection of client's personal data provided to the bank - banking secrecy. The instrument is analysed in connection with breaking of banking secrecy. The ways of breaking the banking secrecy are divided into two groups: (i) manners of breaking the banking secrecy regulated by law and (ii) manners of breaking the bank secrecy not specifically regulated by law where the main role is given to secondary legislation and case law. Regarding the ways of breaking regulated by law, the paper describes the Act on Banks as a general law and also regulation included in specific laws. There are two categories of specific laws: which specify the process of breaking the bank secrecy included in the Act on Banks or which regulate specific case of breaking the banking secrecy. As for the civil procedure, there is a premise of diminution of use of the Civil Procedure Act for gathering client information by authorised persons because of the Central Registry of Accounts. The important type of laws regulating the breaking of the banking secrecy is those regulating registers of client information protected by the banking secrecy. The most important development of legislation is the new regulation of non-banking registers in...

There is a large body of literature indicating that profits are shifted into countries with better conditions, i.e. lower tax rates. It was showed that the problem is nonlinear. However, precise estimates are missing in the available literature. In this thesis we improved the precision by allowing for nonlinearity, time-variant tax semi-elasticity of profits and financial secrecy is a driver of the profit shifting. We showed that all three elements of the estimation are very important. Our analysis suggests that the profit shifting problem started at the turn of millennium and increases since, with some temporal drops. The highest amount of profit shifted out of the United States was almost 300 billion of U.S. dollars with the consequent revenue loss of 62.3 billion of U.S. dolars.