Rowan Legal
  • tomisek@rowan.legal

Jan Tomíšek is in the head of ROWAN LEGAL’s Brno office. He specializes in software law, electronic signatures and identification, cyber security, personal data protection and consumer protection. Apart from IT, he is a specialist in legislation drafting and construction law. Besides working in advocacy, he is also an external doctoral student at the Department of Law and Technology, Faculty of Law, Masaryk University, where he regularly teaches software law and personal data protection. He won the Lawyer of the Year award in the category of Talent of the Year 2016.

Jan is a graduate of the Faculty of Law, Faculty of Informatics and Faculty of Economics and Administration at Masaryk University. Besides law, he has also studied cyber security and management. He is a certified professional in privacy protection (CIPP/E).

Jan helps his clients with the digitalizing transformation of their businesses: he has provided consultancy services to a number of clients from the private and public sectors regarding the digitalization of their projects, engaged in the drafting of new regulations on identification in banking and drawn up the legislation on digitalization of the building permit procedure. He also specializes in the preparation and negotiation of comprehensive contractual documentation – he leads a team that provides services of this kind to Bankovní Identita, a.s. Jan also supports his clients in the area of personal data protection and cyber security both in every-day matters and in inspections, as well as in administrative or legal proceedings. In the field of consumer protection, he is an expert in e-commerce. In the sphere of IT he not only helps his clients with setting up the relationships with their customers, but also provides consultancy e.g. regarding the use of open source software. Besides IT, he actively engages in the recodification of construction law.

Jan is the co-author of a unique publication Právo v síti: průvodce právem na internetu (C. H. Beck, 2016), the first Czech commentary on the GDPR (Wolters Kluwer, 2 ed. 2018), and the first Czech textbook on IT law (Wolters Kluwer, 2018). He regularly publishes his works in specialist periodicals and speaks at local and international conferences on IT law.

For the Rockaway Capital Group, he prepared a comprehensive set of sample documentation for the area of personal data protection, covering the areas of client relations, HR and internal regulations. He also participated in setting the overall strategy of the client in the field of personal data protection.

He led a team providing legal support in the implementation of new privacy rules for clients of Internet Mall, Heureka and Invia. He also provides these clients with ongoing advice in this area.

He developed a methodology for the Chamber of Tax Advisers intended for individual tax advisors to achieve their compliance with the GDPR, incl. training in the use of methodology. He also participated in setting up personal data protection processes for the Chamber itself.

He led a team providing legal advice and prepared sample documents in connection with the implementation of new rules on personal data protection for a leading Czech carrier and for an IT company providing services for a global logistics group.

In collaboration with TayllorCox, he led training for several hundred future data protection officers.

He participated in the analysis of the impact and in the subsequent implementation of GDPR for a leading Czech energy company.

For the client Duefol, he has provided legal support for its IT activities, including a wide range of legal services. For the client, for example, he analyzed the use of open source tools in its software products and subsequent modifications in the texts available within the software user interface. He participated in setting the client’s strategy in the field of intellectual property and treatment of relationships with employees and its key business partners in the field of IT, incl. the settlement of disputes.

For telecommunications hardware manufacturers, he prepared an extensive analysis of the compliance of the use of open source tools within the client’s firmware and stand-alone software with the relevant license terms, compiled a manual for client developers to insert relevant open source license terms in client product distributions and prepared new license terms for the client’s software.

For ČEZ, he prepared contractual documentation for the acquisition of an important information system, incl. the acquisition of related hardware and the provision of follow-up support.

He is involved in providing comprehensive legal advice in the field of software protection for Rowan Legal client Jetbrains, including the resolution of issues related to the use of open source software.

For a leading Czech bank, he assessed a new system of client authentication and authorization of payment transactions in terms of evidentiary requirements before the Financial Arbiter and in terms of approval of the new Payment Services Directive.

Title: Právo v síti. Průvodce právem na inernetu (Law on the Internet)
Publisher: C. H. Beck
Publication date: 07/2016

Title: Office 365 v. Google Apps: data protection perspective
Publisher: Masaryk University Journal of Law and Technology
Publication date: 2015

Title: Office 365 v. Google Apps: comparison from the view point of personal data protection
Publisher: Revue for Law and Technology
Publication date: 2015

Title: Licenses to provide software as a service
Publisher: Revue for Law and Technology
Publication date: 2014

Title: Software as a matter under the new Civil Code
Publisher: Revue for Law and Technology
Publication date: 2014

Title: Public procurement in IT: What to watch out for when buying software; Public procurement in practice
Publisher: Veřejné zakázky v praxi
Publication date: 2014

Title: Legal aspects of services such as street view
Publisher: SVOČ 2012, Masaryk university
Publication date: 2012

Chambers and partners – Associate to watch 2020

Lawyer of the Year, Talent of the Year category, 2016, EPRAVO.CZ

The 2011/2012 Dean’s prize for student’s academic and professional activities (thesis on the legal aspects of services such as Street View).

The 2013/2014 Dean’s prize for student’s academic and professional activities (thesis on selected aspects of acquiring software under the new Civil Code).

Education

Institution: Masaryk University, the Law Faculty in Brno
Field of studies: Doctoral studies, majoring in Law of Information and Communication Technology

Institution: Masaryk University, the Faculty of Informatics in Brno
Field of studies: Master’s studies, specialization in Information Security Technology

Institution: Masaryk University, the Faculty of Economics and Administration in Brno
Field of studies: Business Economics and Management

 

Professional experience

Organization: ROWAN LEGAL
Position:

  • Partner (07/2022 – present)
  • Managing Associate (10/2019 – 06/2022)
  • Associate (07/2018 – 09/2019)
  • Junior Associate (05/2015 – 06/2018)
  • Paralegal (2013 – 05/2015)

Period: 2013 – present
Job description: Currently provides legal support to ROWAN LEGAL´s specialists especially by engaging in legal research, assembling materials for further processing and drafting contracts