The GDPR and your practice

This is a translation. The Czech version is binding. · Čeština

The short version

With clients you work with data concerning health — anamnesis, allergens, photographs of the scalp. That is a special category of data under Article 9 GDPR and deserves the strictest handling. Tricho.app is built to guarantee, to you and to your client, that only you see the data: it is encrypted directly on your device and the server receives only unreadable encrypted content. That does not, however, lift the controller's duties off you. This page is the list of what remains with you.

Who is who

1. The client's consent — the basis of everything

Start from what Article 9(1) says: it prohibits the processing of data concerning health. So you have to fit within one of the exceptions in paragraph 2 — and in practice you have a single realistic one.

The door that people think is open is not open. The exception for health professions (Article 9(2)(h)) does not apply to trichologists and hairdressers in Czechia. Trichology and hairdressing are not a health service under Act No. 372/2011 Coll. — they are trades; you are not a healthcare worker under Act No. 96/2004 Coll. nor a member of any chamber; and Act No. 110/2019 Coll. does not impose on you the professional secrecy on which the exception would rest (the general duty of confidentiality from § 15 of the old Act No. 101/2000 Coll. was not carried over by the new regulation). Do not rely on point (h) just because you record something that looks medical.

The realistic basis is therefore the explicit consent of the client (Article 9(2)(a)). Explicit consent is more than ordinary consent: besides having to be freely given, specific, informed and unambiguous, it must be given by an express statement — a signed paper or a tick box with text, not “she came and did not object”. You must be able to demonstrate it (Article 7(1)) and the client can withdraw it at any time, as easily as she gave it (Article 7(3)).

You have the finished text ready. In the client consent template (Czech) there is everything listed below, ready to print — including a separate sentence on photographs and an optional sentence on teaching. Print it, fill in your name and company ID, have it signed, and file the paper.

And record it in the card. The client's card has a record of consent to processing: whether she gave it, when, in what form (paper, e-mail) and whether she withdrew it. That record is your demonstrability under Article 7(1) — paper gets lost, the card does not. But you do not get to throw the paper away: the record in the card says that consent exists, it is not the wording of the consent itself.

Consent has to be freely given, specific, informed and demonstrable. Let it cover:

Keep the consent in writing — a signed paper or an e-mail from the client. Oral consent is valid, but you cannot prove it, and the burden of proof is on you.

Photographs have a regime of their own on top of that. A person's likeness is protected by the Civil Code (§ 84–90) separately, alongside the GDPR — and meeting the GDPR does not relieve you of this duty. For every photograph of the scalp you need permission to take and to use the likeness, even when you already have consent under the GDPR. Say clearly what the photos are for: only for the card, or for teaching as well. Permission can be withdrawn, and if the client withdraws it, she may claim damages from you if you relied on its continuing — the GDPR has no such rule and people overlook it.

2. Consent to use for teaching and case studies

In the client's card there is a field Consent to use — a tick box “The client agrees to the use of her case for teaching and case studies”, a date and a field To what extent (for example “without photos of the face”).

It is a separate consent for a separate purpose. Taking a case out of the card — into a lecture, a case study, an article — is not the same as keeping a card. It is a new purpose and needs its own basis. When you export a case without recorded consent, the app warns you and does not stop the export: the decision is yours, but it should not be unwitting. The state of consent is written into the exported story.

Anonymisation is not a substitute for consent as long as the client can be recognised from the photo or the description — and with the scalp she often can.

3. Records of processing activities (Article 30)

You must keep this record, even if you are a sole trader without employees. The exception for organisations under 250 employees (Article 30(5)) does not apply to you, and does so twice over: it excludes itself as soon as special categories of data under Article 9 are processed — that is, whenever you keep an anamnesis — and second because the processing is not occasional but takes place with every client at every visit. The number of employees changes nothing.

What such a record looks like when kept by the operator of the app, we are glad to show on its own — write for it to [email protected]. Yours will be shorter, but it should have the same columns.

It is one sheet of paper or one file. It is not sent anywhere; you have to show it if the Office for Personal Data Protection (ÚOOÚ) asks for it. At a minimum it should contain:

When you organise events

Event registrations are a separate activity and belong in the record as another row. A template — fill it in and adjust it to how you really run your events:

PurposeOrganising events: registrations, payments, documents, communication with participants, the waiting list, attendance
Data subjectsParticipants and their co-attendees, people on the waiting list, payers
DataName, e-mail, telephone; for a document issued to a company its name, seat, company ID (IČO) and VAT ID (DIČ); data on the registration, payment and attendance
Legal basisRegistration and attendance: contract (Article 6(1)(b)); documents: legal obligation (point (c)); attendance: a legitimate interest in showing the event took place (point (f)); co-attendees, whose names the registrant gives you: a legitimate interest (point (f)) — you need to know who will come, and you collect nothing more about them
RecipientsThe operator of Tricho.app as a processor and its sub-processors under Annex C of the processing agreement; Stripe (card payments, under your contract with Stripe); your bank; your accountant; the Financial Administration
Transfers outside the EUCloudflare (protecting the event page and, with bank notifications, receiving them) and the Stripe group (USA): the EU–US Data Privacy Framework and standard contractual clauses
Time limitsRegistration, cancellation and attendance 3 years after the event; documents 10 years
MeasuresEncryption on the device (Tricho.app), device lock, access by me only

You give co-attendees the information on processing under Article 14 GDPR: the app sends it to them by e-mail if the registrant gave their address, otherwise you give it to them at the event at the latest.

4. Data protection officer and impact assessment

5. Processing agreement

With a processor you must have a written contract under Article 28. You have a template ready here — print it, fill in your details, sign and file it. It is based on the European Commission's standard contractual clauses, so the ÚOOÚ will find its way around it.

6. A personal data breach — 72 hours

A lost unlocked phone with the card file, a stolen laptop, sending photos to the wrong recipient — all of these are personal data breaches. You have 72 hours from the moment you learned of it to notify the Office for Personal Data Protection. If you cannot make it, notify it later anyway and say why.

Beware of a trap: the form on the ÚOOÚ website is not submitted. You fill it in, it generates a PDF for you — and you have to deliver that through a data box (datová schránka), by post, or by e-mail with a recognised electronic signature. Otherwise the submission is not complete and the time limit keeps running. If you do not have a data box, get one before you need it.

When a breach occurs on the operator's side, the operator will let you know without undue delay, and it is you who then notify the ÚOOÚ — you are the controller. Document every breach, including the one you do not notify (Article 33(5)).

Encryption removes one duty, not both. Under Article 34(3)(a) you do not have to inform the clients of a breach if the data concerned were unintelligible — and the contents of the cards on the server are unintelligible. This does not, however, apply to technical data that is not encrypted (how many records you have, when you touched them), and the duty to notify the authority does not lapse at all. The risk does not disappear entirely either: a breach is also a situation where the data stay whole but cannot be restored — a loss of availability is a breach in itself.

7. How long to keep a card

You have no statutory period here. The healthcare services act does not apply to you and the hygiene operating rules speak of something else. So “five years, because that is how it is done” does not apply — you set the period according to your purpose and the scope of consent, and it should be as short as possible, but long enough for you to compare development between visits. Write it into the record under Article 30 and tell it to the client in the consent. And then keep to it — delete data you no longer need.

Only tax documents — invoices and receipts — have a fixed statutory period. How many years is set by the tax regulations according to your regime (ten years for a VAT payer), and it applies regardless of the client's card.

8. How to delete

In the client's card you have two different deletions. “Delete” only hides the card — the data stay and can be brought back; it is good for tidying the diary, it is not erasure under the GDPR. “Delete permanently” is irreversible: the card, visits and photographs disappear from your device and from the server, and your other devices delete them as soon as they connect. The app makes you type the word SMAZAT (“delete”) before it does it.

Where permanent deletion does not reach

To say it plainly — the app writes this on the screen before it deletes anything:

If a client asks you for erasure, these four points are the part of the answer that is not worth trying to get around.

9. What else remains with you

What you can tell the client

“I keep your card in an app that encrypts everything directly on my phone. Nobody but me can get to it — not even the maker of the app.” That is true literally, not a marketing shortcut. What a client tells you stays between you.

How we, as the operator, handle data, you can read in the privacy policy.

Version 2026-10-31.