Legal Q&A · IT, Software & E-commerce

What duties apply when I process customers' personal data under the GDPR?

Law as at 10 September 2026

Short answer

You may process customer personal data only with a valid legal basis, most commonly contract performance, a legal obligation, legitimate interests or consent. Core duties include informing individuals, enabling them to exercise their rights, securing the data appropriately and notifying the supervisory authority of serious breaches without undue delay. The scope depends on what you process and why.

Personal data processing is governed by the directly applicable GDPR (Regulation (EU) 2016/679) and Act No. 18/2018 Coll. on Personal Data Protection. The first question is what legal basis supports the processing, rather than what consent to request. Article 6(1) GDPR recognises six bases:

  • The individual’s consent.
  • Performance of a contract, or steps before entering into it at the customer’s request.
  • A legal obligation.
  • Protection of the vital interests of the individual concerned or another natural person.
  • A task in the public interest.
  • The legitimate interests of the controller or a third party, unless overridden by the individual’s interests and rights.

Protection of property is not in itself a vital interest. Depending on the circumstances, it may support a legitimate interest after assessing the applicable conditions and the rights of the individuals concerned.

For an ordinary online shop, order fulfilment relies on contract performance, retention of accounting documents on a legal obligation, and debt recovery on legitimate interests. Consent is unnecessary, and requesting it “just in case” is a mistake. Consent belongs where another basis is absent, typically newsletters and marketing.

If you rely on consent, it must be freely given, distinguishable from other text, understandable and withdrawable at any time in the same way it was given (Section 14 of Act No. 18/2018 Coll.). You cannot force consent by withholding a service for which it is not actually necessary.

Other GDPR duties

Beyond establishing a legal basis, you must meet other GDPR requirements:

  • Transparency: clear processing notices explaining who processes what, why, for how long and to whom data is disclosed.
  • Respect for individual rights, including access, rectification, erasure, restriction, portability and objection.
  • Appropriate data security.
  • Data processing agreements with suppliers processing data for you, such as hosting, email services and external accounting.
  • Notification of personal data breaches to the supervisory authority without undue delay and, where the risk is higher, communication to affected individuals.
  • For large-scale or high-risk processing, an impact assessment and, where applicable, appointment of a data protection officer.

We prepare processing activity audits, privacy notices and data processing agreements through our GDPR and personal data protection service. For online shops, we combine this with terms and conditions in our e-commerce legal services package.

This answer provides general information on the law as at 10 September 2026. It does not constitute legal services or replace an assessment of an individual case. The details of your situation may differ. Book a consultation to discuss them.

More legal questions

All questions and answers
  1. Who owns the copyright in software created for me by a supplier? An author's economic rights are non-transferable. A program commissioned directly from its author generally falls under the employee-work regime, and the customer exercises the rights unless the parties agree otherwise. Where a company supplies the software, however, the customer does not automatically obtain every entitlement: rights from its employees and subcontractors must be checked, and an appropriate licence or an assignment of the right to exercise economic rights must be agreed. The contract should also address source code, modifications and further licensing.
  2. How long does a customer have to return goods bought online? A consumer may withdraw from a distance contract with an online shop within 14 days without giving a reason. For goods, the period starts on receipt. Statutory exceptions include custom-made goods and unsealed goods protected for hygiene reasons. If the seller fails to provide proper withdrawal information, the period extends by up to 12 months.
  3. When does the AI Act apply, and who does it cover? The AI Act applies progressively: the first general provisions and prohibitions from 2 February 2025, rules for general-purpose AI models from 2 August 2025, with 2 August 2026 remaining the general application date. Regulation (EU) 2026/1744, however, postponed Chapter III, Sections 1 to 3, except Article 6(5): until 2 December 2027 for high-risk systems under Annex III and until 2 August 2028 for systems linked to regulated products under Annex I. It covers providers and businesses deploying AI; their specific duties depend on their role and the system.
  4. Do I need a non-disclosure agreement, and what should it contain? Trade secrets are protected directly by law, and their violation constitutes unfair competition even without an agreement. An NDA still makes sense: it precisely defines confidentiality, duration and sanctions, making proof and enforcement considerably easier. A clear definition of confidential information, the confidentiality period and a written contractual penalty are central.

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Mgr. Patrik Tulinský, LL.M. Czech and Slovak attorney · SAK 300422 · ČAK 19654

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