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Electronic written documents and biometric options of their signing : problem of evidentiary reliability and personal data protection

100%
Matejka J., Güttler V.
The Lawyer Quarterly
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2018
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vol. 8
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issue 1
38-50
EN
The development of information society services presumes an effective, legally permitted and, when it comes to evidence, reliable tool enabling electronic communication and the archiving of electronic records and other written documents, in particular, contracts. Electronic written documents form a dominant part of the standard contracting processes today, both in public and private laws – a typical example of this are consumer contracts. The simplicity, speed, ergonomics, and overall efficiency of these contracting tools lead not only to electronic written documents being used more and more often than paper documents but also, among other things, to electronic written documents being used where other (traditional) forms of legal acting, predicated on tangible (paper) record carriers, were used before. Hence, electronic written documents and their new forms of signing penetrate practically in all legal spheres, even in those where traditional documents have never prevailed due to their ponderousness and various functional limitations. For these reasons, it seems appropriate and useful to analyse the importance of the behavioural and biometric methods inseparably associated with the signing of relevant electronic legal acts, as well as deal with related legal problems ensuing from the nature or the essence of use of these non-traditional electronic tools, including the crucial issue of their evidentiary reliability and actual protection in processing the sensitive personal data so generated.
2
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Specific questions of consumer protection connected with information duty in Czech law

67%
Selucká M., Šťavíková Řezníčková I., Loutocký P.
The Lawyer Quarterly
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2018
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vol. 8
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issue 4
469-485
EN
The text is focused primarily on the concept of informed consumers in the Czech law. We do not aim to cover exhaustively the whole field. The main target of the article is to introduce specific questions which are connected to such a topic. In the beginning we primarily introduce general characteristics of the informed consumer, then we analyse pre-contractual information obligation and the demands focused on the transparency. As the position of the consumer is weaker than the position of the entrepreneur, misleading commercial practices and unfair contract terms are examined as well. The text is then focused on sector specific rules, such as in the area of financial services and on the aspects of the digital consumer. Throughout the text, some problematic aspects of Czech regulation or inappropriate implementation of European legislation are mentioned as well. The aim of the article is to introduce national specifics within abovementioned areas and to analyse relevant questions of consumer protection connected with information duty of the entrepreneurs.
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