Tag: compliance

  • Annual Obligations for Czech Companies

    A Czech company carries a recurring set of obligations that continue regardless of whether it traded in a given year. They are individually modest and collectively easy to lose track of, particularly for a dormant entity or one whose director is not resident here. The pattern of problems is consistent: nothing goes wrong for several years, and then a single omission surfaces at the worst possible moment, usually during a sale or a financing.

    Accounts and their filing

    A company must keep accounts, prepare annual financial statements, and file them in the collection of documents held with the commercial register. The approval of the statements by the general meeting is a separate corporate step from the filing, and both are required. Whether an audit is needed depends on statutory size criteria based on assets, turnover and employee numbers. Failure to file is the single most common default, it is publicly visible, and it can attract penalties as well as questions from counterparties who check the register.

    Tax and payroll

    Corporate income tax returns are filed annually, with the deadline depending on whether a registered adviser is used. A company registered for value added tax has periodic returns and control statements on their own cycle. Where the company employs anyone, monthly payroll obligations to the tax authority, the social security administration and the health insurers run in parallel and to their own deadlines.

    • File the accounts. The most frequently missed obligation and the most publicly visible one.
    • Hold the general meeting. Approval of the statements within the statutory period is a corporate act, and it should be minuted.
    • Keep the register current. Directors, address and ownership changes must be notified.
    • Maintain beneficial ownership data. A standing obligation, separate from the commercial register entry.

    Corporate housekeeping

    Beyond the filings, a company should keep its internal records in order: the list of shareholders, minutes of decisions, and the documents underlying any change to the founding instrument. This costs almost nothing to maintain contemporaneously and is expensive to reconstruct years later. Buyers in a transaction routinely ask for it, and gaps translate directly into warranties, retentions or a reduced price.

    Dormant companies

    An entity that is not trading still files, still holds meetings, still maintains its register entries. The temptation to let a dormant company lapse quietly is understandable and creates real exposure for its directors. If a company is genuinely finished with, the correct answer is a proper liquidation and removal from the register rather than silence.

    None of this is burdensome when it is handled on a calendar. The companies that run into difficulty are almost never the ones that found the obligations onerous; they are the ones that never established a routine for them in the first year and then had several years to catch up on at once.

    This article is general information about Czech law and is not legal advice.

  • GDPR Basics for Small Czech Businesses

    Data protection obligations apply to businesses of every size, and the common assumption that a small company is somehow outside the scope of the General Data Protection Regulation is wrong. What is true is that the practical burden scales with what the business actually does, and a small company processing employee and customer records has a considerably lighter task than one whose business model is built on personal data.

    Start with an inventory

    Almost every sensible compliance step depends on first knowing what personal data the business holds, where it came from, why it is held, who has access, and how long it is kept. Most small businesses find this exercise produces surprises: data retained long after any reason for retaining it expired, access rights that outlived the employment that justified them, and copies in systems nobody thought of as data storage.

    Lawful basis and transparency

    Every processing activity needs a lawful basis, and consent is only one of six. For much routine activity the applicable basis is performance of a contract, compliance with a legal obligation, or legitimate interests, and reaching for consent where one of those applies creates problems rather than solving them, because consent can be withdrawn. Separately, individuals must be told what is done with their data, in clear language and at the point of collection.

    • Keep records of processing. The obligation is reduced but not eliminated for smaller organisations.
    • Have written processor terms. Every supplier that handles data on your behalf needs a contract that says so.
    • Set retention periods. Indefinite retention is the most common finding in a small-business review.
    • Prepare for requests. Access and erasure requests have a statutory response deadline.

    Breaches

    A personal data breach may require notification to the supervisory authority within seventy-two hours of becoming aware of it, and notification to affected individuals where the risk to them is high. The practical implication is that the decision-making cannot start from scratch when a breach happens. Knowing in advance who assesses it and who notifies is most of what makes the deadline achievable.

    The Czech layer

    The Regulation applies directly, and Czech implementing legislation supplements it in specific respects, with the national supervisory authority responsible for oversight and enforcement. Sector-specific rules, particularly in employment and in electronic communications, add requirements on top for the businesses they cover.

    For a small company the realistic goal is proportionate compliance rather than perfection. Knowing what data is held and why, having the supplier contracts in place, deleting what is no longer needed, and being able to respond to a request within the deadline covers the great majority of what a supervisory authority would actually look at.

    This article is general information about Czech law and is not legal advice.