First Property Croatia is een Kroatische makelaar – een bedrijf dat zich bezighoudt met vastgoedontwikkeling, projectbeheer en bouwbegeleiding van luxe villa’s en privéwoningen in de centrale Dalmatische regio van Kroatië. We hebben meer dan 15 jaar ervaring in het omgaan met de onroerendgoedmarkt in Kroatië, waardoor we zeer bedreven zijn in het navigeren door potentiële problemen.
Of u nu op zoek bent naar een Kroatisch oud stenen huis, een villa, een appartement of bouwgrond aan zee, een pand met een prachtig panoramisch uitzicht op zee of een exclusief gelegen object in het historische centrum van een Kroatische kustplaats, het is ons doel om het beste te bieden wat er in Kroatië beschikbaar is tegen reële marktprijzen. Van villa’s, appartementen, huizen en bouwgrond te koop in Kroatië, we zijn gericht op Kroatische eigendommen in het Dalmatische deel van het land.
We investeren veel tijd en energie in het vinden van goede eigendommen om ervoor te zorgen dat we de nieuwste en beste eigendommen in Dalmatië, Kroatië in ons portfolio hebben. Bovendien werken we hard om ons klantenbestand in heel Kroatië en in het buitenland te ontwikkelen. We maximaliseren potentiële klantenleads en verkoopkansen door middel van onze online en offline marketingcampagnes, een netwerk van samenwerkingsverbanden van derden en, belangrijker nog, mond-tot-mondreclame en verwijzing.
Herhaalactiviteiten en mond-tot-mondreclame zijn essentieel voor ons model en daarom streven we ernaar om een professionele en transparante vastgoedservice te bieden met nauwkeurige en gedetailleerde informatie, gebruikmakend van internationale servicestandaarden in combinatie met lokale aanwezigheid, kennis en ervaring. We streven er ook naar om Kroatische vastgoedinvesteringen en ontwikkelingsondersteuning te bieden aan onze klanten die willen investeren en / of high-end eigendommen willen bouwen, waaronder boetiekhotels, exclusieve huizen, luxe villa’s of eersteklas appartementen in Kroatië.
Of u nu onroerend goed in Kroatië wilt verkopen of kopen of professionele vastgoedadviesdiensten in Kroatië nodig heeft, neem contact met ons op.
FIRST PROPERTY d.o.o. real estate brokerage agency (trading as First Property Croatia) from Bana Berislavića 3, Split, 21000 OIB 38200992035, (hereinafter: the Agency), according to the Article 18. of the Croatian Real Estate Brokerage Law, on 1st of August 2019 adopts the following:
TERMS AND CONDITIONS
(1)The agency is a company registered for performing real estate brokerage activity based in the Republic of Croatia.
(2)The agency is a company licensed by the Ministry of economy, entrepreneurship and crafts and registered with the Croatian chamber of economy.
(3)Terms and Conditions of real estate brokerage define business relations between the real estate Agency and its Principal (person or legal entity).
(4)By entering into a real estate brokerage agreement the Principal confirms that he / she is aware of and agrees with the provisions of these Terms and Conditions.
(5)Terms and Conditions are published on the Agency’s website https://www.firstpropertycroatia.com/ and exposed in the Agency’s office.
2.GENERAL TERMS OF BROKERAGE AGREEMENT
(1)General terms of brokerage agreement are contractual provisions valid for majority of contracts which one contracting Party (the Party drafting the contract) proposes to the other contractual Party, whether they be contained in the standard (formulary) agreement, or referred to in the form of the agreement.
(2)These Terms and Conditions specify the type and conclusion of the real estate brokerage agreement, rights and obligations of the Agency and contractual Parties in property sale / purchase process, brokerage commission, rights and obligations of contractual parties on termination of brokerage agreement and the use of Agency’s website.
3.TERMINOLOGY CONTAINED IN THESE TERMS AND CONDITIONS
(1)Certain terms in the context of these Terms and Conditions are determined by the Croatian Real Estate Brokerage Law, and have the following meanings:
(A)Real estate Agency / Broker is a licensed company, a person, or a tradesman, fulfilling the business requirements for real estate Brokerage;
(B)Real estate Brokerage are any actions the Agency undertakes in order to liaise between the Principal and the Third Party, as well as negotiations and preparations for closing legal deals especially concerning the purchase, sale, rental, leasing etc. of a property;
(C)Real estate / Properties are land plots including all that is permanently attached to it, on the surface or below the ground in accordance with general regulation of Ownership and other actual rights;
(D)Principal is a person or company with whom the Agency is concluding the real estate Brokerage agreement (seller, buyer, lessor, lessee, and any other parties to a property ownership transfer);
(E)Third Party is a person whom the real estate Broker seeks to introduce to the Principal in order to negotiate a business deal regarding a particular property;
(F)Real estate brokerage Agreement is the written contract between the Agency and the Principal.
4.REAL ESTATE BROKERAGE AGREEMENT
(1)Real estate brokerage agreement must be signed by the Principal in the event of the Principal being the Seller who wishes to engage the Agency into the process of selling the Property and / or Principal being the (prospective) Buyer who wishes to engage the Agency into the process of showing, buying, and / or revealing the location of the Property.
(2)Upon signing the real estate brokerage agreement, the Agency assumes the obligation to seek and liaise with the Principal a Third Party in order to negotiate and deal with a specific legal transaction concerning the transfer or establishment of a particular property right, and the Principal undertakes to pay the Agency a certain fee if the legal work is done.
(3)The real estate brokerage agreement is made in written form and becomes valid in the moment of conclusion. The real estate brokerage agreement is valid for 5 (say: five) years since the day of conclusion or until the property is sold / withdrawn from the market. Duration period may be different as agreed between the Parties, and may be extended by agreement of the Parties several times.
(4)Should one of the Parties wish to terminate the brokerage agreement, this Party is obligated to issue a written termination notice to the other Party.
(5)Unless otherwise stipulated in these Terms and Conditions, the regulations found in the Obligations Act are to be applied when considering the relationship between the Agency and the Principal.
(6)The real estate brokerage agreement must contain information on the real estate Agency, the Principal, type and essential content of the business subject for which the brokerage is being carried out, information on Agency fee and any extra costs which may occur while the Agency provides services approved by the Principal and in connection with the sale / purchase subject of the brokerage.
(7)The real estate brokerage agreement may contain other information related to the business subject of brokerage (for example especially agreed deadlines, contractual terms and conditions of payment of Agency fees, information on liability insurance, insurance terms and conditions of payment of Agency fees etc.).
(8)The real estate brokerage agreement is to be supplemented with a viewing form. The viewing form is to be completed by the Agent and signed by the Principal at the end of the viewing trip.
(1)Standard real estate brokerage agreements are non-exclusive. The Principal is obliged to pay the commission to the Agency only if the sale / purchase of the Property is a result of actions the Agency undertook in order to liaise between the Principal and the Third Party, including explicit exposure of location and characteristics of the Property.
(2) In a real estate brokerage agreement, the Principal may agree to exclusively use the brokerage services provided by the Agency, i.e. that he / she shall not employ another agency. This obligation must be clearly stated in the agreement.
(3)Should the Principal conclude a sale or purchase contract without having consulted or informed the Agency with whom he / she signed the exclusive agreement, the Principal is obligated to cover any costs occurred during the brokerage. These costs must not exceed the brokerage fee.
(4)On signing the exclusive brokerage agreement, the Agency is to take care to inform the Principal of the meaning and legal consequences of this clause.
5.TERMINATION OF THE BROKERAGE AGREEMENT
(1)The brokerage agreement concluded for a specified period shall terminate upon expiry of the period for which it was concluded if, the contract for which it is mediated is not concluded within that period.
(2)The brokerage agreement is considered terminated after a written termination notice from the Party wishing to terminate the agreement is delivered to the other Party.
(3)Upon termination, The Principal shall cover the full amount of the brokerage fee. If any additional services provided outside the usual fee have been agreed upon in the brokerage agreement, the Principal is to cover those costs as well.
(4)If the Principal concludes a sale / purchase (pre)contract within 2 (say: two) years upon the termination of the brokerage agreement, and this contract would be a result of the Agency’s work in liaising with the Principal a Third Party during the validity of the brokerage agreement, the Principal shall pay the full brokerage fee to the Agency.
(5)Provisions of paragraphs (3) and (4) of this Article also refer to the termination of exclusive real estate brokerage agreement.
6.RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
Obligations of the Agency
(1)By signing the real estate brokerage agreement, the Agency undertakes to provide the following services:
(A)Try to find and bring in contact a Third Party interested to make a property sale / purchase agreement with the Principal;
(B)Inform the Principal of average prices for similar properties;
(C)Inspect all available documentation proving ownership or other real rights over the subject property and inform the Principal of the following:
(1C) Obvious disadvantages and possible risks in dealing with a property that has no clean title;
(2C) Registered real or other rights over the property in favour of a Third Party;
(3C) Legal consequences of failure to fulfill the obligations to the Third Party;
(4C) Circumstances of pre-emption rights and limitations in sale / purchase according to special regulations.
(D)Undertake necessary action in order to introduce (present) the property to the market, publish appropriate advertisements, and provide any other marketing services specified in the real estate brokerage agreement exceeding the standard presentation, for which the Agency is entitled to a separate fee;
(E)Organize property viewings;
(F)Participate in negotiations and endeavour to close a sale / purchase agreement;
(G)Keep personal data of the Principal as well as information on the subject property, and the agreement the Agency has on this property as a business secret if this is required by the Principal in writing;
(H)If the property in subject of the brokerage agreement is land, check the purpose of the subject plot according to zoning regulations;
(I)Inform the Principal on all circumstances relevant for the intended deal, of which the Agency is or should be aware of.
Obligations of the Principal
(1)By signing the real estate brokerage agreement, the Principal agrees to:
(A)Inform the Agency of all circumstances important in providing brokerage services, and present accurate information on the subject property; if possible present the location, building and usage permits, or other documents proving legality of the property, as well as providing the Agency with proof of fulfillment of obligations to Third Parties;
(B)Present proof of ownership or other rights over the subject property and inform the Agency of any existing registered or unregistered liens or mortgages on the property;
(C)Facilitate property viewings to the Agency and the Third Party interested in the property;
(D)Provide the Agency with relevant information on the property, especially including the description and price of the property,
(E)Pay the agreed brokerage fee to the Agency upon the conclusion of the preliminary sales / purchase contract unless otherwise stated in the real estate brokerage agreement;
(F)Cover any costs exceeding standard brokerage fee, if so agreed upon in the real estate brokerage agreement;
(G)Inform the Agency in written form of any changes associated with the subject property, especially the changes in the ownership over the property.
(1)The Principal is not obligated to enter into negotiations or close a deal with a Third Party brought to him or her by the Agency, and any clause in the real estate brokerage agreement that would state otherwise is considered null and void.
(1)The Principal shall be responsible for any damage occurred as a result of his / her failing to act in good faith and to the principles of honesty and conscience, and is to compensate for the costs occurred during the brokerage. These costs can not be less than 1/3 or greater than the real estate brokerage fee.
(2)The fee does not include any of the costs of buying the property. These include but are not limited to; legal fees, notary fees, court fees, accountancy fees, land registry and cadastre fees, property tax, VAT and so forth.
(1)All travel costs outside of Split county or to the islands are to be covered by the Principal, but those costs will be refunded should the Principal conclude a sales agreement in accordance with the rest of these Terms and Conditions.
(1)In accordance with the Croatian Real Estate Brokerage Law the brokerage fee is freely determined by the real estate brokerage agreement.
(2)Typical commission for the brokerage services provided by this Agency is 3% (say: three percent) +VAT from the finally agreed value of the Property, but not less than 4.000,00 EUR for the Buyer and not less than 3.000,00 EUR for the Seller.
(3)The Agency is entitled to the brokerage fee upon fulfillment of the following 2 (say: two) cumulative terms:
(A)In the moment of signing the sale / purchase (pre)contract, or any other legal act causing the transfer of ownership over the Property (such as business share transfer);
(B)Payment of any part of the purchase price or the agreed fee to the Seller (e.g. total price, reservation deposit, first instalment of the purchase price). Should the sale / purchase price be paid in stages, brokerage fee will accordingly follow the percentage of the payment stage.
(4)The Agency is entitled to the brokerage fee even if the fee has not been precisely agreed upon. In case the amount of the fee has not been determined neither by tariff nor any other general regulation or contract or custom, it shall be determined by the court according to the amount of work done and services provided by the Agency.
(5)Croatian Real Estate Brokerage Law refers to the term Principal, not making distinction between the Buyer and the Seller. Accordingly, the brokerage commission is payable by all Principals; both the Buyer and the Seller, unless stated otherwise.
(1)When the contract is made under abrogation clause, the fulfillment of terms has no bearing on the Agency’s right to the brokerage fee.
(2)In case of the invalidity of the contract, the Agency retains the right to the brokerage fee if the cause of invalidity has not been known to the Agency.
(1)The Agency shall be entitled to the brokerage commission even in case when the (pre)contract mentioned in Article 6. is concluded by:
(A)The Principal’s, spouse, partner, relative in a straight line or in the sideline to the second degree or any other person(s) close to him or her (e.g. an authorized person, an employer, employee or an associate);
(B)Company established by the Principal or by any of the persons mentioned in section (A) of this Article, or if the Principal and any of the persons mentioned in section (A) together hold over 50% (fifty per cent) of shares (business interests, shares etc.).
8.PROPERTY OFFER, PRICES AND VIEWINGS
(1)The Agency’s offer is based on the information received in writing and verbally from the Seller. The Agency reserves the possibility of errors in the description and / or price of the property as a result of incorrect information provided by Seller. (e.g. if the advertised property is already sold and / or rented, or if the Seller decided to take the property off the market).
The Agency is not responsible for:
(A)Any errors or negligent behavior by the Principal, in particular for false, incorrect, untimely information, or omitting to provide true, correct, updated information on properties, or conditions and subject of brokerage.
(B)Any errors or negligent behavior by the Seller, in particular omissions or damage caused by limitations and hidden flaws of the Property, which the Principal knew or should have known, but failed to notify the Agency about.
(1)The prices of properties are stated in Euro, payable in Kuna counter value, according to the exchange rate agreed by both parties. In the event that no exchange rate is defined, the middle rate of the Croatian National Bank, valid on the day of payment shall be applied.
(1)While the Agency will strive to show the Property to prospective Buyer on agreed date and time, it is not responsible for its occupancy or other Third Party cause that may prevent from viewing. Should there be any viewing fee, the Agency will inform prospective Buyer upfront.
9.ACCEPTANCE OF FULFILLMENT
(1)The real estate brokerage agreement does not authorize the Agency to accept on Principal’s behalf the fulfillment of obligations arising from a (pre)contract concluded as a result of the brokerage. The Agency may, as an exception, conclude a sale / purchase (pre)contract on behalf of the Principal, but only if the Principal issues a special Power of Attorney for this purpose.
(2)The Principal is not obligated to enter into sale / purchase negotiations with the Third Party found by the Agency, or conclude a (pre)contract under terms he / she has given to the Agency. However the Principal shall be responsible for any damage in case he / she acted against the principles of honesty and conscience.
(1)The Agency’s website domain is https://www.firstpropertycroatia.com/. The content of the website is in the service of providing general information for personal usage. Information on the pages can be changed without prior notice.
(2)Neither the Agency nor any Third Party can provide any guarantee as to the accuracy, performance, completeness or suitability of the information and materials found or offered on that website. In using any of the provided content the user accepts the possibility that such information and materials may contain unintentional inaccuracies or errors. Therefore the usage of any of the information and / or materials provided on this website is solely at ones own risk.
(3)The website contains various materials owned by the Agency or licensed to the Agency. In accordance with copyright laws, permission must be requested before reproduction. All trademarks reproduced on the website, which are not the property of the Agency or are not licensed to the Agency, have the appropriate accreditation, if applicable.
(4)Unauthorized use of this website may result in a lawsuit and / or be a criminal offense. Any dispute arising out of unauthorized use is subject to the laws of the Republic of Croatia.
(5)Any possible link to another website doesn’t mean that the Agency endorses that website. The Agency is not responsible for the content shown on the linked website(s).
11.PERSONAL DATA PROTECTION
(1)In accordance with the Directive EU 2016/679, the Agency has brought forth an amended Personal data protection Act. The Principal accepting these Terms and Conditions, accepts this Act. In particular, by accepting these Terms and Conditions, The Principal agrees on the Personal Data being used in the agency agreements and documentation the Agency has to collect, in accordance with the legal scope.
(1)The business relations between the Agency and the Principal that aren’t defined by these Terms and Conditions, nor by an exclusive brokerage agreement, are subjected to the provisions of the Croatian Real Estate Brokerage Law. If in any case they are not determined by this Law, then the Croatian Civil Obligations Act shall apply.
(2)Provisions of these Terms and Conditions shall apply in an appropriate manner to any contractual relations not yet completed but set forth before these Terms and Conditions became effective.
(3)In case of any disputes arising from and in relation to this Agreement, the parties agree to the competence of the relevant court in Split.
(1) The Agency reserves the right to amend these Terms and Conditions.
Deze website is eigendom van First Property d.o.o., Bana Berislavića 3, 21000, Split, OIB: 38200992035. Door deze website te bezoeken, gaat u ermee akkoord dat u akkoord gaat met en gebonden bent aan de volgende voorwaarden:
- De inhoud van de pagina’s van deze website is alleen voor uw algemene informatie en gebruik. Het is onderhevig aan verandering zonder kennisgeving;
- Noch wij, noch derden geven enige garantie of garantie met betrekking tot de nauwkeurigheid, tijdigheid, prestaties, volledigheid of geschiktheid van de informatie en materialen die op deze website worden gevonden of aangeboden voor een bepaald doel. U erkent dat dergelijke informatie en materialen onnauwkeurigheden of fouten kunnen bevatten en we sluiten uitdrukkelijk aansprakelijkheid uit voor dergelijke onnauwkeurigheden of fouten voor zover toegestaan door de wet;
- Uw gebruik van informatie of materialen op deze website is geheel op eigen risico, waarvoor wij niet aansprakelijk zijn. Het is uw eigen verantwoordelijkheid om ervoor te zorgen dat producten, diensten of informatie die via deze website beschikbaar zijn, aan uw specifieke eisen voldoen;
- Deze website bevat materiaal dat eigendom is van of in licentie is gegeven aan ons. Dit materiaal omvat, maar is niet beperkt tot, het ontwerp, de lay-out, het uiterlijk, het uiterlijk en de afbeeldingen. Reproductie is verboden anders dan in overeenstemming met de copyrightvermelding, die deel uitmaakt van deze algemene voorwaarden;
- Alle handelsmerken die op deze website worden weergegeven en die niet het eigendom zijn van of in licentie zijn gegeven aan de exploitant, worden op de website erkend;
- Ongeautoriseerd gebruik van deze website kan aanleiding geven tot schadevergoeding en / of een strafbaar feit zijn;
- Van tijd tot tijd kan deze website ook links naar andere websites bevatten. Deze links zijn bedoeld om u meer informatie te bieden. Ze betekenen niet dat we de website (s) onderschrijven. Wij zijn niet verantwoordelijk voor de inhoud van de gelinkte website (s);
- Uw gebruik van deze website en alle geschillen die voortvloeien uit een dergelijk gebruik van de website zijn onderworpen aan de wetten van Kroatië.
Wet Bescherming Persoonsgegevens
FIRST PROPERTY d.o.o. real estate brokerage agency (trading as First Property Croatia) from Bana Berislavića 3, Split, 21000 OIB 38200992035, (hereinafter: the Agency), according to the provisions of the General Data Protection Act – GDPR, and the Law on the implementation of the General Regulation on data protection (Official Gazette 42/18), both in accordance with the Regulation (EU) 2016/679, (hereinafter: the Regulation) on 1st of August 2019 adopts the following:
PERSONAL DATA PROTECTION ACT
(1)Prior to the conclusion of an contractual relationship, during its validity and upon its termination, the Agency is obliged to Process certain data of the Parties involved (Data subjects) for the purpose of reporting, as prescribed by competent authorities. In accordance with the above, and in purpose of responsible business conduct, the Agency brings forth this amended Personal data protection Act (hereinafter: the Act).
(2)The Act defines the rules relating to the protection of natural persons with regard to the Processing of Personal Data collected by the Agency. In accordance with the above, the purpose of this Act is to standardize the protection of the rights and freedoms of the Data subjects by preserving the privacy of their Personal Data in all aspects of the Agency’s operations that include Personal Data.
(3)The Act is published on the Agency’s website https://www.firstpropertycroatia.com/ and exposed in the Agency’s office.
(4)By using the Agency’s website and / or services, the involved Party (Data subject) consents to the Processing of their Personal Data as described in this Act.
(1)Certain terms in the context of this Act are determined by the Regulation, and have the following meanings:
(A)Personal Data is any information relating to an identified or identifiable natural person (Data subject);
(B)Data subject is a natural person whose Personal Data is being Processed;
(C)Processing is any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
(D)Profiling is any form of automated Processing of Personal data consisting of the use of Personal data to evaluate certain personal aspects relating to a natural person;
(E)Controller is a natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the Processing of Personal Data;
(F)Processor is a natural or legal person, public authority, agency or other body which Processes Personal Data on behalf of the Controller;
(G)Consent of the Data subject is any freely given, specific, informed and unambiguous indication of the Data subject’s wishes by which he/she, by a statement or by a clear affirmative action, signifies agreement to the Processing of Personal Data relating to him or her;
(H)Personal Data breach is a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Personal Sata transmitted, stored or otherwise Processed;
(I)Supervisory authority means an independent public authority which is established by a Member State;
(J)Child is a natural person under 16 years of age.
3.DATA PROTECTION PRINCIPLES
(1)The Agency pledges to follow the Principles of Personal Data protection set forth by the Regulation. Therefore, Personal Data shall be:
(A)Processed lawfully, fairly and in a transparent manner in relation to the Data subject. We will always consider your rights before Processing Personal Data. We will provide you information regarding Processing upon request;
(B)Collected for specified, explicit and legitimate purposes and not further Processed in a manner that is incompatible with those purposes. We will ensure that our Processing activities fit the purpose for which Personal Data was gathered;
(C)Adequate, relevant and limited to what is necessary in relation to the purposes for which they are Processed. We will only gather and Process the minimal amount of Personal Data required for any purpose;
(D)Accurate and, where necessary, kept up to date. We will do our best to ensure that any inaccurate Personal Data is erased or rectified without delay;
(E)Kept in a form which permits identification of Data subjects for no longer than is necessary for the purposes for which the Personal Data are Processed. We will not store your Personal Data for longer than needed;
(F)Processed in a manner that ensures appropriate security of the Personal Data. We will do our best to ensure integrity and confidentiality of your Personal Data.
4.RIGHTS OF THE DATA SUBJECT
(1)The Data subject has the following rights:
(A)Right to receive information means that the Controller shall take appropriate measures to provide any information relating to Processing to the Data subject in a concise, transparent, intelligible and easily accessible form, using clear and plain language, in particular for any information addressed specifically to a Child;
(B)Right to access means that the Data subject shall have the right to obtain from the Controller confirmation as to whether or not Personal Data concerning him or her are being Processed, and, where that is the case, access to the Personal Data;
(C)Right to rectification means that the Data subject shall have the right to obtain from the Controller without undue delay the rectification of inaccurate Personal Data concerning him or her;
(D)Right to erasure (“right to be forgotten”) means that the Data subject shall have the right to obtain from the Controller the erasure of Personal Data concerning him or her without undue delay and the Controller shall have the obligation to erase Personal Data without undue delay;
(E)Right to restriction of Processing means that The Data subject shall have the right to obtain from the Controller the restriction of Processing;
(F)Right to data portability means that the Data subject shall have the right to receive the Personal Data concerning him or her, which he or she has provided to the Controller, in a structured, commonly used and machine-readable format and have the right to transmit those data to a another Controller;
(G)Right to object means that the Data subject shall have the right to object, on grounds relating to his or her particular situation, at any time to Processing of Personal Data concerning him or her;
(H)Right to object to automated individual decision-making means that the Data subject shall have the right not to be subject to a decision based solely on automated Processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her.
5.THE CONTROLLER AND PROCESSOR
(1)The Agency appoints Anja Plazonić Coulson, the executive of the Agency, as the Controller.
(1)The Controller shall:
(A)Implement appropriate technical and organisational measures to ensure and to be able to demonstrate that Processing is performed in accordance with the Regulation. Those measures shall be reviewed and updated where necessary;
(B)Implement appropriate technical and organisational measures in an effective manner and to integrate the necessary safeguards into the processing in order to meet the requirements of the Regulation and protect the rights of Data subjects;
(C)Implement appropriate technical and organisational measures for ensuring that, by default, only Personal Data which are necessary for each specific purpose of the Processing are processed. That obligation applies to the amount of Personal Data collected, the extent of their Processing, the period of their storage and their accessibility;
(D)Engage only Processors providing sufficient guarantees to implement appropriate technical and organisational measures in such a manner that Processing will meet the requirements of the Regulation and ensure the protection of rights of the Data subject.
(1)The Processor shall:
(A)Processes Personal Data by means of instruction given to him or her by the Controller;
(B)Commit themselves to confidentiality when Processing Personal Data;
(C)Assists the Controller by appropriate technical and organisational measures, insofar as this is possible, to ensure compliance with the obligations laid down in this Act;
(D)At the choice of the Controller, delete or return all the Personal Data to the Controller after the end of the provision of services relating to Processing, and delete existing copies unless Union or Member State law requires storage of the Personal Data;
(E)Make available to the Controller all information necessary to demonstrate compliance with the obligations laid down in this Act.
6.CONSENT TO DATA PROCESSING AND THE SECURITY OF PERSONAL DATA
(1)Consent should be given by a clear affirmative act establishing a freely given, specific, informed and unambiguous indication of the Data subject’s agreement to the Processing of Personal Data relating to him or her, such as by a written statement, including by electronic means, or an oral statement. This could include ticking a box when visiting an internet website, choosing technical settings for information society services or another statement or conduct which clearly indicates in this context the Data subject’s acceptance of the proposed Processing of his or her Personal Data. Silence, pre-ticked boxes or inactivity should not therefore constitute consent.
(2)Consent should cover all Processing activities carried out for the same purpose or purposes. When the Processing has multiple purposes, consent should be given for all of them. If the Data subject’s consent is to be given following a request by electronic means, the request must be clear, concise and not unnecessarily disruptive to the use of the service for which it is provided.
(1)To ensure a level of security appropriate to the risk, the Controller and the Processor shall implement appropriate technical and organisational measures, including inter alia as appropriate:
(A)The pseudonymisation and encryption of Personal Data;
(B)The ability to ensure the ongoing confidentiality, integrity, availability and resilience of Processing systems and services;
(C)The ability to restore the availability and access to Personal Data in a timely manner in the event of a physical or technical incident;
(D)A process for regularly testing, assessing and evaluating the effectiveness of technical and organisational measures for ensuring the security of the Processing.
7.PERSONAL DATA BREACH
(1)In the case of a Personal Data breach, that is likely to result in a risk to the rights and freedoms of natural persons, the Controller shall without undue delay and, where feasible, not later than 72 hours after having become aware of the breach notify it to the Supervisory authority competent in accordance.
(2)The Processor shall notify the Controller without undue delay after becoming aware of a Personal Data breach described in paragraph (1) of this Article.
(1)The Supervisory authority mentioned in paragraph (1) of Article 10. is the Croatian Personal Data Protection Agency (AZOP).
(2)AZOP is an independent state body. AZOP is autonomous and independent in its work and is responsible for its work to the Croatian Parliament.
(1)The notification referred to in paragraph (1) of Article 7. shall at least:
(A)Describe the nature of the Personal Data breach including where possible, the categories and approximate number of Data subjects concerned and the categories and approximate number of Personal Data records concerned;
(B)Communicate the name and contact details of the Controller or other contact points where more information can be obtained;
(C)Describe the likely consequences of the Personal Data breach;
(D)Describe the measures taken or proposed to be taken by the Controller to address the Personal Data breach, including, where appropriate, measures to mitigate its possible adverse effects.
(1)When the Personal Data breach is likely to result in a high risk to the rights and freedoms of natural persons, the Controller shall communicate the Personal Data breach to the Data subject without undue delay.
(2)The communication to the Data Subject referred to in paragraph (1) of this Article shall describe in clear and plain language the nature of the Personal Data breach and contain at least the information and measures referred to in points (B), (C) and (D) of Article 12.
(1)The Agency is committed to safeguarding your privacy. Contact us at: email@example.com if you have any questions or problems regarding the use of your Personal Data and we will gladly assist you.