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The Law On Cyber Security

Original Language Title: zákon o kybernetické bezpečnosti

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181/2014 Sb.



LAW



of 23 December 2003. July 2014



about cyber security and amending related laws (the law on the

Cyber Security)



Parliament has passed the following Act of the Czech Republic:



PART THE FIRST



CYBER SECURITY



TITLE I OF THE



BASIC PROVISIONS



§ 1



The subject of the edit



(1) this Act regulates the rights and obligations of persons and the scope and

the powers of the public authorities in the field of cyber security.



(2) this Act does not apply to information or communications systems,

that handle classified information.



Definition of terms



§ 2



In this Act shall mean the



and cyber space digital environment) allowing the creation,

the processing and exchange of information, information systems and services

and electronic communications networks ^ 1),



(b) the critical information infrastructure) or system control elements

critical infrastructure in the sectors of communication and information systems ^ 2)

the areas of cyber security,



(c) ensure the confidentiality of information safety), integrity, and availability

information,



d) important information system information system managed by the authority

a public authority that is not a critical information infrastructure and

which information security violation may restrict or significantly compromise the

performance of the public authority,



(e)) by the administrator of the information system authority or person, that determine the purpose of the

processing of information and the conditions of operation of the information system,



(f) communication system administrator authority) or person that determine the purpose of the

the communication system and the conditions of its operation, and



(g)), an important network of electronic communications networks ^ 1) providing direct

foreign link to the public communications network or ensuring

direct connection to critical information infrastructure.



§ 3



Authorities and persons, imposing obligations in the area of cybersecurity

security, are



and the provider of electronic communications services) and body to ensure

an electronic communications network ^ 1), unless the authority or a person referred to in

(a) (b)),



(b) the authority or person providing) an important network, if not by the administrator

the communication system referred to in subparagraph (d)),



(c)), the administrator of the information system of critical information infrastructure,



(d)), the administrator of the communication system of critical information infrastructure and



(e) significant information System Manager).



TITLE II



SYSTEM TO ENSURE CYBER SECURITY



Security measures



§ 4



(1) security measures means a summary of the actions, whose aim is to

ensuring information security in information systems and the availability of

and the reliability of the electronic communications services and networks ^ 1)

cyber space.



(2) the institutions and persons referred to in section 3 (b). c) to (e)) are required to the extent

necessary for ensuring cyber security to introduce and implement

security measures for information system critical information

infrastructure, communication system critical information infrastructure

or significant information system and lead them to the safety documentation.



(3) the institutions and persons referred to in section 3 (b). c) to (e)) are required to take into account the

requirements arising from security measures in the selection of suppliers

for information system critical information infrastructure, communication

the system of critical information infrastructure or significant information

the system. Taking into account the requirements arising from security measures

According to the first sentence to the extent necessary for the fulfilment of the obligations under this

the law cannot be regarded as unlawful restrictions of competition or

an unjustified obstacle to competition.



§ 5



(1) the security measures are



and organizational measures) and



(b) technical measures).



(2) Organizational measures are



and information security management system),



(b)) risk management



(c)) the security policy,



(d)) business security,



(e)) the determination of security requirements for the vendor



f) asset management,



g) safety of human resources,



h) traffic management and communications critical information infrastructure or

significant information system,



I) access control to critical information infrastructure or to

significant information system,



j) acquisition, development and maintenance of critical information infrastructure and

the major information systems,



to cope with cyber-security incidents) and cyber

security incidents,



l) business continuity management and



m) control and audit of critical information infrastructure and major

information systems.



(3) technical measures are



and physical security),



(b)) a tool for protecting the integrity of communication networks,



(c)), a tool for verifying the identity of users,



(d)), a tool for managing access permissions



e) tool to protect against malicious code,



(f)) for the recording of the activities of the critical tool information

infrastructure and information systems, their users and the

Administrators,



g) tool for the detection of cyber security incidents,



h) tool for the collection and evaluation of cyber security

events,



application security, even)



j) cryptographic means,



to the assurance level) of the availability of information and



l) safety of industrial and management systems.



§ 6



The implementing legislation provides for



and the content of safety measures)



(b)) the content and structure safety documentation,



(c)) the scope of the security measures for the institutions and persons referred to in section 3 of the

(a). c) to (e)) and



(d)) the significant information systems and their criteria.



Cyber Security cyber security incident and event



section 7 of the



(1) Cyber security incident is an event that can cause

distortion of information security in information systems or distortion

the security services or the security and integrity of electronic networks

Communications ^ 1).



(2) Cyber security incident is a violation of the safety

information in information systems or security breach services

or the security and integrity of electronic communications networks in the ^ 1)

as a result of cyber security incident.



(3) the institutions and persons referred to in section 3 (b). (b) to (e))) are required to detect

Cyber security events in their relevant network information

critical information infrastructure system, communication system

critical information infrastructure or significant information system.



§ 8



Cyber security incident reporting



(1) the institutions and persons referred to in section 3 (b). (b) to (e))) are required to report

Cyber security incidents in their relevant network information

critical information infrastructure system, communication system

critical information infrastructure or significant information system,

and it immediately after their detection; This does not affect the information

obligations under other legislation ^ 3).



(2) the institutions and persons referred to in section 3 (b). (b)) reports of cyber

security incidents, operators of the national CERT.



(3) the institutions and persons referred to in section 3 (b). (c) to (e))) reports of cyber

security incidents to the National Security Office (hereinafter referred to as

"The Office").



(4) Implementing legislation provides for



and) types and categories of cyber security incidents and



(b)) and method for reporting cyber security

the incident.



The registration of



§ 9



(1) the Office shall keep a register of cyber security incidents (hereinafter

"the registration of incidents"), which contains the



Cyber Security and incident reports),



(b) identifying information system) in which the cyber security

the incident occurred,



(c)) source cyber security incident and



(d)) to cyber security incident solution and its

the result of the.



(2) registration data are part of the incidents under section 20 (a). f) to (h)).



(3) the authority shall provide the information from the registration of incidents to the public authorities for

the performance of their responsibilities.



(4) the authority may provide information from the register of incidents by the operators

National CERT, authorities executing responsibility in the field of cyber

safety abroad and other persons active in the field of cyber

safety to the extent necessary to ensure the protection of cyber

space.



§ 10



(1) employees of the inclusion of the Czech Republic for the performance of work in the Office, who

involved in the solution of the cyber security incident, are

bound by obligations of confidentiality of the data of registration of incidents.

Obligation of secrecy endures even after the employment relationship to

The Office.



(2) the Director of the Office of a person referred to in paragraph 1 may waive the obligations

confidentiality of the data of registration of incidents, with an indication of the scope of the data and

the scope of the exemption.



§ 11



Measures



(1) measures shall mean acts, they may need to protect information

systems or electronic communications services and networks ^ 1) from the threat in the

the areas of cyber security, or against cyber security

incident or solution already recorded cyber security

the incident.



(2) the measures are



and warning)



(b) reactive measures) and



(c) protective measures).



(3) Reactive measures are required to implement the



and the authorities and persons) referred to in section 3 (b). and (b))) and the State of cyber

danger or for emergency ^ 4) on the basis of the request

According to § 21. 6 and



(b)) authorities and the persons referred to in section 3 (b). c) to (e)).



(4) the Protective measures are required to make the authorities and the persons referred to in section

3 (b). c) to (e)).



§ 12



Warning



(1) the Office shall issue a warning if, in particular, from its own activities, or from the

initiative of the operator or by the authorities of the national CERT, which perform

competence in the area of cyber security abroad, about the threat in

the field of cyber security.



(2) the Office shall publish the Warning on its website and notify the

the institutions and persons referred to in section 3, whose contact details are kept in the

registration in accordance with section 16. 4.



Reactive and protective measures



section 13



(1) the Office shall issue a decision, in which the stores to perform reactive measures to

Cyber security incident or solution to the security


information systems or electronic communications networks and services ^ 1)

before the cyber security incident, which is the first action in the

things. If you fail to deliver to the addressee of the decision into their own hands

within 3 days from the date of its issue, delivered to him so that he posted on the official

the Board of the authority, and this moment is enforceable. The decision referred to in the sentence

First, the Office may issue in the proceedings on the spot according to the administrative procedure.



(2) Breakdown brought on against the decision referred to in paragraph 1 shall not have suspensory

effect.



(3) if the reactive measures to tackle cyber security

the incident or to the security of information systems or networks and services

electronic communications ^ 1) against cyber security

the incident involve unspecified circle of authorities or persons, the Office shall issue to the

the form of the measures of a general nature.



(4) the institutions and persons referred to in section 3 shall without undue delay

notify the Office implementation of reactive measures and its result.

The essentials notice lays down detailed legal prescription.



§ 14



(1) the authority, in order to increase protection of the stored information systems or

electronic communications services and networks ^ 1), on the basis of the analysis already

vyřešeného cyber security incident, make a trade

measures in the form of the measures of a general nature.



(2) Measures of a general nature, the Office and the authorities of persons referred to in section 3 (b).

(c) to (e))) provides for a way to increase the protection of information systems or

electronic communications services and networks ^ 1) and the deadline for its implementation.



§ 15



(1) Measures of a general nature referred to in section 13 or 14 shall become effective

at the moment his fly on the notice board of the authority; the provisions of § 172

administrative procedure shall not apply. On the issue of measures of a general nature, the Office

also, inform the authorities and the persons referred to in section 3, whose contact information

are kept in the register under section 16(1). 4.



(2) comments on the measures of a general nature issued pursuant to section 13 or 14 may

apply within 30 days of the date of its posting up on the notice board of the Office.

The Office may, on the basis of the comments raised measures of a general nature

to change or cancel.



section 16 of the



Contact information



(1) contact details are



and in the case of a legal person) business name or the name, address of the registered office,

the identification number of the person or similar number assigned abroad,



(b)) for the entrepreneurial natural persons, including trade name or name

distinct appendix or other designation, the address of the registered office and

the identification number of the person



(c)) with a public authority its name, address, identification number

person, if allocated, and the identifier of the public authority, if he

is not assigned the identification number of the person, and the details of the natural person

that is for the authority or person referred to in section 3 shall be entitled to act in matters

governed by this Act, and the name, surname, telephone number and

electronic mail address.



(2) the contact information and their changes shall be notified



and the authorities and persons) referred to in section 3 (b). and (b)) and the national operator)

CERT and



(b)) authorities and the persons referred to in section 3 (b). (c) to (e))) Office.



(3) the institutions and persons referred to in section 3 (b). (c) to (e))) announce changes only

the information referred to in paragraph 1 which are not in reference data

Basic registers, and it immediately.



(4) the Office shall keep a register of contact data, which contains the information referred to

to in paragraph 1.



(5) the authority is in a State of cyber risk shall be entitled to require

the contact information collected by the national operator CERT

paragraph 2 (a). and).



(6) the model notification contact information and its form provides detailed

legal prescription.



§ 17



National CERT



(1) the national CERT in the range specified by this Act of sharing

information on the national and international level in the field of cyber

the safety.



(2) the operator of a national CERT



and receives notification contact information) from the institutions and persons referred to in section 3 of the

(a). and (b))), and these data records and stores,



(b) reports on the Cyber-) accepts the safety incidents from

the institutions and persons referred to in section 3 (b). (b)), and these data records, stores and

protects,



(c) Cyber Security) evaluates incidents for the institutions and persons

referred to in § 3 (b). (b)),



(d)) provides the authorities and persons referred to in section 3 (b). and (b))) and methodological

support, assistance and cooperation in the presence of cyber security

the incident,



e) acts as a focal point for institutions and persons referred to in section 3 (b).

and (b)),)



(f)) is the guest in the area of cyber security vulnerabilities,



(g) the particulars of the Authority passes) cyber security incidents without

putting security and debugging cyber incident



h) passes on request of the Office for the status of cyber risk

the contact details of the authorities and of the persons referred to in section 3 (b). and (b))).



(3) the operator of a national CERT may in its own name and on its own

the responsibility to carry out other economic activities in the area

Cyber Security an unedited this law, if this activity

does not interfere with the performance of the duties referred to in paragraph 2.



(4) the operator of a national CERT in the performance of the duties referred to in

paragraph 2 shall coordinate its work with the Office.



(5) the operator of a national CERT in fulfilment of the obligations under the

paragraph 2 act impartially.



section 18



The operator of the national CERT



(1) the operator of the national CERT can become the only legal person



and) which satisfies the conditions referred to in paragraph 2 and



(b)) that the authority has entered into a contract pursuant to section 19 of the public service.



(2) the operator of the national CERT may be the only legal person



and not even capable of action) against the interest of the Czech Republic in

the meaning of the law governing the protection of classified information,



(b)) operates or manages information systems or services and networks

electronic communications ^ 1) or on their operation and management

involved, and at least 5 years,



(c)) has the technical capability in the areas of cyber security,



d) is a member of the multinational organization working in the field of cyber

safety,



(e)) does not register the tax authorities the financial administration of the Czech Republic or

authorities of the customs administration of the Czech Republic or in the register of taxes, insurance on the

social security and health insurance premiums

recorded arrears,



(f)) was not been convicted of an offence referred to in section

7 of the law on criminal liability of legal persons and proceedings against them,



(g)) is not a foreign person pursuant to other legislation and



(h)) was not founded or established exclusively for the purpose of making a profit; by

not affect the possibility for the operator to follow the national CERT section 17

paragraph. 3.



(3) the Candidate shall demonstrate compliance with the conditions of presentation



and in the case of statutory declaration) paragraph 2 (b). and (d))) up, g) and (h)), and



(b) confirmation of the authority of the financial administration) of the Czech Republic and customs administration

The Czech Republic in the case of paragraph 2 (a). (e)).



(4) the contents of statutory declaration referred to in paragraph 3 (b). and) must be

obvious that the candidate meets the appropriate prerequisites. The confirmation by the

paragraph 3 (b). (b)) that the candidate does not have records of taxes on Financial institutions

administration of the Czech Republic or the authorities of the customs administration of the Czech Republic or in

the registration of taxes, social security and insurance

public health insurance recorded arrears, must not be older than

30 days. In order to demonstrate the conditions referred to in paragraph 2 (a). (f))

The Office will require a statement of convictions, according to another legal

^ 5 regulation).



(5) the operator of a national CERT activities pursuant to § 17 paragraph. 2

(a). and), b), c), (e)), g) and (h)) free of charge.



(6) the Office shall publish on its website the information about

operators of the national CERT, and its trade name or name,

the address of the registered office, the identification number of the person, the data boxes

and the address of its website.



§ 19



Public contract



(1) the authority concluded a contract governed by public law (hereinafter referred to as "the contract") with the

legal entity selected by the procedure under section 163, paragraph. 4 the administrative code

for the purpose of cooperation in the field of cyber security and ensure

the activities provided for in § 17 paragraph. 2. the procedure for the selection of applications the Office announces.



(2) the contract shall contain at least



and the designation of the Contracting Parties),



(b) the definition of the subject matter of the Treaty)



(c)) the rights and obligations of the Contracting Parties,



(d) the arrangements for the cooperation of the Contracting Parties),



(e) the method and conditions of withdrawal) of the parties to the contract,



(f) the period of notice) and the reasons for



g) prohibition of abuse of information obtained in connection with the performance of the activities

listed in § 17 paragraph. 2,



(h) the definition of the conditions for the exercise of) the activities of the national CERT according to § 17 paragraph.

3 and



I) method to pass and the range of the data transmitted to the Office in the case of the demise of the

the commitment.



(3) the contract concluded in accordance with paragraph 1, the Office publishes in the Gazette

The Office, with the exception of those parts of the Treaty, the disclosure of which does not

another piece of legislation.



(4) if the contract referred to in paragraph 1, or in the case of the demise of the

the undertaking, the activity of the national CERT Office.



section 20



Government CERT



Government CERT as part of the Office



and receives notification contact information) from the institutions and persons referred to in section 3 of the

(a). c) to (e)),



(b) reports on the Cyber-) accepts the safety incidents from

the institutions and persons referred to in section 3 (b). c) to (e)),



(c) evaluates the information about cyber) security incidents and

Cyber security incidents from the critical information

infrastructure of major information systems and other

the information systems of the public administration,



(d)) provides the authorities and persons referred to in section 3 (b). (c) to (e))) a methodological

support and assistance,



e) provides synergies to the authorities and the persons referred to in section 3 (b). (c) to (e)))

in the presence of cyber security and cyber incident

security events



f) accepts suggestions and information from institutions and persons referred to in section 3, and from the other

authorities and persons, and of these initiatives and evaluates the data,



(g) information from the operator) receives the national CERT and these data

evaluates,



(h) information from the authorities) accepts, that the scope of the exercise in the area

Cyber Security abroad, and evaluates this information,



I) provides under section 9 (2). 4 operators, the authorities of the national CERT


executing the scope in the area of cyber security abroad

and other persons active in the field of cyber security data from the

the registration of incidents and



(j)) is the guest in the area of cyber security vulnerabilities.



TITLE III



THE STATE OF CYBER RISK



section 21



(1) the status of cyber risk means the State in which it is in the

large range of compromised information security in information systems

or the safety and integrity of the services or networks of electronic

Communications ^ 1), and this could lead to violations of or threats to

the interest of the Czech Republic within the meaning of the law governing the protection of classified

the information.



(2) a declaration of a State of danger, the Director of the Office shall be decided by the cyber.

The decision on the Declaration of a State Cyber danger Announces

by posting on the official notice board of the Office. Information about the publication status

Cyber risk is published in nationwide radio and

the television broadcast. The operator of a nationwide television or

radio broadcasting is obliged without reimbursement of costs on the basis of the request

The authority shall without delay, and without modifying the content and meaning of the publish information on

the publication of the status of cyber dangers.



(3) the decision on the Declaration of a State cyber risk shall take

the effectiveness of the moment, that the decision be adopted. The State of cyber

danger announces the time required, up to a maximum of 7 days.

That period may be extended, the Director of the Office; the aggregate duration of

the declared state of cyber dangers must not be longer than 30 days.



(4) in the course of the declared state of cyber risk, the Director of the Office

inform the Government on how to resolve the status of cyber risk and

about the current state of threats that led to the proclamation of a State of cyber

the danger. For State cyber risk and for emergency ^ 4)

the cases referred to in paragraph 6, the Office shall be entitled to issue a decision or

measures of a general nature referred to in section 13 also authorities and persons referred to in section

3 (b). and (b))).



(5) the status of cyber risk not to declare, in the case where the

threats to information security in information systems or

the security services or the security and integrity of electronic networks

Communications ^ 1) can be used to distract the activities of the Office under this Act.



(6) if it is not possible to avert the threat to the security of the information in the

information systems or services or safety and security

the integrity of electronic communications networks ^ 1) in the framework of the State

Cyber risk, Director of the Office shall immediately request the Government of the

Declaration of an emergency ^ 4). The decisions and measures of a general nature

issued by the authority under section 13 before announcement of emergency shall remain in

If these measures are not in conflict with the crisis measures

embodied by the Government.



(7) the status of cyber risk ending on the expiry of the period for which it was

declared, if head of the Office decides to cancel before the end of

This time, or the announcement of emergency ^ 4).



TITLE IV



THE PERFORMANCE OF STATE ADMINISTRATION



section 22



(1) the State administration in the field of cyber security exercises the authority

unless the law otherwise.



(2) the Office of the



and) lays down security measures



(b) measures) issues



(c)) provides the National Cyber Security Center,



(d)) registration under this Act,



e) imposes fines for administrative offences pursuant to this Act,



(f)) acts as a coordinating authority in the State of cyber risk



g) cooperates with the authorities and persons active in the field of cyber

safety, in particular with public corporations, research and

preproduction and with other workplace type of CERT,



h) ensures international cooperation,



I) negotiates and concludes contracts on international cooperation,



j) provides prevention, training and methodological support in the area of

Cyber Security,



k) provides research and development in the areas of cyber security,



l) closes a public contract with the operator of the national CERT,



m) be sent to the Ministry of the Interior in accordance with the law of crisis suggestion elements

critical infrastructure in the sectors of communication and information systems in the

the areas of cyber security, whose operator is the organizational

the State,



n) determined by the crisis Act critical infrastructure elements in the

the sector of communication and information systems in the field of cyber

security, if it is not about the elements referred to in subparagraph (a) m), and



more about) tasks in the area of cyber security laid down in this

by the law.



THE HEAD OF THE



CONTROL, CORRECTIVE MEASURES AND ADMINISTRATIVE DELICTS



section 23



Check



(1) the Office shall exercise control in the field of cyber security. When

performance of Control Authority is examining how the institutions and persons referred to in section 3 shall carry out

the obligations laid down in this law and the decisions and measures of the General

nature issued by the Authority, and shall comply with the implementing legislation in the field of

Cyber Security.



(2) the Office shall monitor how



and the authorities and persons) referred to in section 3 (b). and (b))) carries out the obligations imposed

The authority in the decision or in the measures of a general nature referred to in section 13 in the State of

Cyber risk



(b)) authorities and the persons referred to in section 3 (b). (c) to (e))) fulfils the obligations

set out in section 4, paragraph 4. 2, § 8 paragraph. 3 and § 16. 2 (a). (b)) and

the obligations imposed by the authority in the decision or in the measures of a general nature

pursuant to section 13 or 14.



section 24



Corrective measures



(1) if the Office finds deficiencies in the control saves the controlled body

or the person that is removed within the time limit, where appropriate, to determine how

in a way.



(2) If the information system is the critical information infrastructure,

communication system critical information infrastructure or significant

information system for defects immediately at risk

Cyber security incident, which it can significantly

damage or destroy, the supervisory authority may prohibit the controlled

the authority or person of the use of this system or its parts in the period,

the defect is removed.



Administrative offences



§ 25



(1) a legal person or a natural person-entrepreneur referred to in § 3 (b).

and (b)) or) commits misconduct by



and for State Cyber fails) the risk of an obligation imposed by the Office

in the decision or in the measures of a general nature referred to in section 13, or



(b) fails to comply with any of the requirements) imposed corrective action under section

24.



(2) a legal person or a natural person-entrepreneur referred to in § 3 (b).

(c) to (e))) commits misconduct by



and) contrary to section 4 (4). 2 it introduces or does not perform security

or does the safety documentation,



(b) does not report a cyber security incident), pursuant to section 8 (2). 1 and 3,



(c) fails to comply with an obligation imposed by the Office) in the decision or in the measures

of a general nature referred to in section 13 or 14,



d) notifies the contact details or change them to the authority under section 16. 2

(a). (b)) or



(e) fails to comply with any of the requirements) imposed corrective action under section

24.



(



3) for administrative offence is imposed in the



and 100 000 CZK), with respect to the administrative offence referred to in paragraph 1 (b). and) or

(b) paragraph 2 (b)). and (c))), or (e)),



(b)) $ 10,000, in the case of an administrative offence referred to in paragraph 2 (a). (d)).



section 26



(1) a natural person has committed the offence, that the breach of an obligation

referred to in section 10, paragraph 1. 1.



(2) for the offence referred to in paragraph 1 shall be imposed of up to 50 000 Czk.



section 27 of the



(1) a legal person under the administrative tort does not match, if he proves that

made every effort, that it was possible to require that the infringement of the

a legal obligation.



(2) liability of legal persons for the administrative offence shall cease, if the Office

about him has commenced proceedings to 1 year from the date on which it learned,

not later than 3 years from the date when the administrative offence committed.



(3) in determining the acreage of the fine legal person shall take into account the seriousness of the

the administrative tort, in particular to the way a criminal offence and its consequences, and

the circumstances under which it was committed.



(4) administrative offences under this Act are heard by the Office.



(5) The liability for the acts, which took place in the business of physical

person or in direct connection with it, shall be subject to the provisions of this

the law on liability of legal persons and sanctions.



(6) the Fines collected by the authority. Income from fines is the income of the State budget.



(7) the financial penalty is payable within 30 days from the date of the entry into force of the decision on

its imposition.



TITLE VI OF THE



FINAL PROVISIONS



section 28



The enabling provisions



(1) the Office and the Ministry of the Interior shall determine by Decree the significant information

systems and their criteria under section 6 (a). (d)).



(2) the authority shall lay down by Decree



and) content and structure safety documentation, content security

the measures and the scope of the security measures pursuant to section 6 (a). and (c)))



(b)) types and categories of cyber security incidents and

the elements and method for reporting cyber security incident

pursuant to section 8 (2). 4,



(c) notification of the execution of the formalities) reactive measures and its

the result under section 13 (3). 4 and



(d) notification of contact data) model and its form under section 16(1). 6.



Transitional provisions



section 29



(1) the institutions and persons referred to in section 3 (b). and (b))) and shall notify the contact information

pursuant to section 16, no later than 30 days from the date of entry into force of this Act.



(2) the institutions and persons referred to in section 3 (b). (b) the obligation to commence)

provided for in section 8 (2). 1 and 2 not later than 1 year from the date of acquisition

the effectiveness of this Act.



section 30



The institutions and persons referred to in section 3 (b). (c)), and (d))



and shall notify the contact information) pursuant to section 16, no later than 30 days from the date of

the determination of their information system or a communications system critical

information infrastructure,



(b) the obligation to fulfil the start) in section 8 (2). 1 and 3 not later than 1

year from the date of the determination of their information system or communication

the system of critical information infrastructure and



(c)) shall introduce security measures pursuant to section 4, paragraph 4. 2 not later than 1 year

from the date of the determination of their information system or a communications system

critical information infrastructure.



section 31



The institutions and persons referred to in section 3 (b). (e))



and shall notify the contact information) pursuant to section 16, no later than 30 days from the date of


the fulfillment of the criteria that determine the significant information system, their

information systems,



(b) the obligation to fulfil the start) in section 8 (2). 1 and 3 not later than 1

year from the date of fulfillment of the defining criteria of significant information

system and



(c)) shall introduce security measures pursuant to section 4, paragraph 4. 2 not later than 1 year

from the date of fulfilment of the criteria that determine the major information system.



§ 32



National CERT exercises until the effective

public service contract concluded pursuant to section 19, the one who, before the date of the acquisition

the effectiveness of this law pursued an activity which by this Act

carries out the national CERT, but within 2 years from the date of entry into force of

of this law.



section 33



Common provisions



(1) this law shall apply only to such information or communications

systems intelligence services which satisfy the conditions for determining

critical information infrastructure, and to the extent that section 12 and 16;

the provisions of section 4 shall apply mutatis mutandis to these systems and the Office is as

elements of critical infrastructure pursuant to section 22 paragraph 1(b). 2 (a). m) is suggesting.



(2) The information system of the police of the Czech Republic for an analytic

activity in the criminal proceedings, the law applies only in the scope of § 12

and 16; the provisions of section 4 shall apply mutatis mutandis to this system. This does not apply,

If this system is the critical information infrastructure.



PART THE SECOND



Amendment of the Act on the protection of classified information and security

the eligibility of the



§ 34



Act No. 412/2005 Coll., on the protection of classified information and security

eligibility, as amended by Act No 119/2007 Coll., Act No. 177/2007 Coll.

Act No. 296/2007 Coll., Act No. 32/2008 Coll., Act No. 124/2008 Coll.,

Act No. 126/2008 Coll., Act No. 250/2008 Coll., Act No. 41/2009, Coll.,

Act No. 227/2009 Coll., Act No. 281/2009 Coll., Act No. 255/2011 Sb.

Act No 420/2011 Coll., Act No. 458/2011 Coll., Act No. 167/2012 Sb.

and Act No. 303/2013 Coll., is hereby amended as follows:



1. In article 145, the dot at the end of paragraph 5 is replaced by a comma and the following

subparagraph (f)), which read:



"(f)) on request, a report on each of the cyber-security

incidents of critical information infrastructure. ".



2. In article 146, paragraph. 1, after the words "security management", the words

"or in the context of the administrative procedure for the issue of the measures referred to in the Act on

Cyber Security ".



3. § 146 paragraph. 2, after the words "under this Act", the words

"or by the law on cyber security."



PART THE THIRD



Amendment of the Act on electronic communications



section 35



Act No. 127/2005 Coll., on electronic communications and

some related laws (Act on electronic communications)

as amended by law no 290/2005 Coll., Act No. 361/2005 Coll., Act No.

186/2006 Coll., Act No. 235/2006 Coll., Act No. 310/2006 Coll., Act No.

110/2007 Coll., the Act No. 261/2007 Coll., Act No. 304/2007 Coll., Act No.

124/2008 Coll., Act No. 177/2008 Coll., Act No. 189/2008 Coll., Act No.

247/2008 Coll., Act No. 384/2008 Coll., Act No. 227/2009 Coll., Act No.

281/2009 Coll., Act No. 153/2010 Coll., the finding of the Constitutional Court

declared under no 94/2011 Coll., Act No. 137/2011 Coll., Act No.

341/2011 Coll., Act No. 375/2011 Coll., Act No. 420/2011 Coll., Act No.

457/2011 Coll., Act No. 458/2011 Coll., Act No. 468/2011 Coll., Act No.

18/2012 Coll., Act No. 19/2012 Coll., Act No. 142/2012 Coll., Act No.

167/2012 Coll., Act No. 273/2012 Coll., Act No. 214/2013 Coll. and act

No 303/2013 Coll., is hereby amended as follows:



1. In article 89, paragraph 4 shall be added, which including a footnote No. 62

added:



"(4) an entrepreneur providing a public communications network or provides

publicly available electronic communications service shall, at the request

participant free of charge and in a form that allows for more electronic processing

the data provide the traffic and location data, which is available on the

the basis of this Act, if a participant is unable to solve its

equipment as a result of cyber security incident ^ 62)

capture or save. Information entrepreneur, passes the is-if technically possible,

without delay, but not later than within 3 days from the date of delivery of the request, or in

the case of the ongoing communication from the date of delivery.



§ 7, paragraph 62). 2 of law No 181/2014 on cyber security and

change related laws (the law on Cyber Security). ".



2. In § 118 paragraph. 14 (a). y), the word "or" is deleted.



3. In section 118 at the end of paragraph 14 of the dot is replaced by "or", and

the following letter ad), which read:



"ad) contrary to section 89, paragraph. 4 does not provide the information, or contact the

belatedly. ".



4. In § 118 paragraph. 22 (a). and), the word "or" is replaced by a comma and the

the end of the text of subparagraph (a)), the words "or (b), paragraph 14. ad) ".



PART THE FOURTH



Amendment of the Act on free access to information



section 36



In section 11 (1). 4 of Act No. 106/1999 Coll., on free access to

information, in the wording of Act No 61/2006 Coll., is at the end of subparagraph (e))

dot is replaced by a comma and the following subparagraph (f)), which read:



"(f)) the data held in the register of incidents under the law on Cyber

security, from which it was possible to identify the authority or person,

that cyber security incident reported or whose

the provision would undermine the effectiveness of the reactive or protective measures

under the law on cyber security. ".



PART THE FIFTH



Amendment of the Act on radio and television broadcasting



§ 37



In § 32 paragraph. 1 (a). k) of the Act No. 231/2001 Coll., on the operation of the

radio and television broadcasting and other laws, as amended by

Act No. 274/2003 Coll., the words "State of war,", the words

"the State of cyber risk".



PART SIX



The EFFECTIVENESS of the



section 38



This law shall enter into force on 1 January 2005. January 2015.



In r. hamáček.



Zeman in r.



Sobotka in r.



1) Act No. 127/2005 Coll., on electronic communications and

some related laws (Act on electronic communications)

in the wording of later regulations.



2) section 2 of the Act No. 240/2000 Coll., on crisis management and amending certain

laws (the crisis Act), as amended.



Regulation of the Government No. 432/2010 Coll., concerning the criteria for the determination of critical control

infrastructure.



for example, section 3, paragraph 98). 4 and § 99 paragraph. 4 Act No. 127/2005 Coll., in

as amended.



4) the Constitutional Act No. 110/1998 Coll., on the safety of the Czech Republic, in the

amended by Constitutional Act No. 300/2000 Sb.



5) Law No. 269/1994 Coll., on criminal records, as amended

regulations.