378/2015 Sb.



LAW



of 9 June. December 2015



amending the Act No. 634/1992 Coll. on consumer protection, as amended by

amended, and some other laws



Parliament has passed the following Act of the Czech Republic:



PART THE FIRST



Amendment of the Act on consumer protection



Article. (I)



Act No. 634/1992 Coll. on consumer protection, as amended by Act No.

217/1993 Coll., Act No. 40/1995 Coll., Act No. 103/1995 Coll., Act No.

110/1997 Coll., Act No. 356/1999 Coll., Act No. 64/2000 Coll., Act No.

145/2000 Coll., Act No. 258/2000 Coll., Act No. 102/2001 Coll., Act No.

452/2001 Coll., Act No. 477/2001 Coll., Act No. 151/2002 Coll., Act No.

320/2002 Coll., Act No 227/2003 Coll., Act No. 277/2003 Coll., Act No.

439/2003 Coll., Act No. 119/2004 Coll., Act No. 186/2004 Coll., Act No.

217/2004 Coll., Act No. 444/2005 Coll., Act No. 214/2006 Coll., Act No.

229/2006 Coll., Act No. 36/2008 Coll., Act No. 227/2009 Coll., Act No.

281/2009 Coll., Act No. 285/2009 Coll., Act No. 293/2009 Coll., Act No.

298/2009 Coll., Act No. 301/2009 Coll., Act No. 155/2010 Coll., Act No.

28/2011 Coll., Act No. 139/2011 Coll., Act No. 211/2011 Coll., Act No.

219/2011 Coll., Act No. 468/2011 Coll., Act No. 221/2012 Coll., Act No.

238/2012 Coll., Act No. 303/2013 Coll., Act No. 476/2013 Coll., Act No.

356/2014 Coll. and Act No. 206/2015 Coll., is hereby amended as follows:



1. In footnote 1 at the end of the text, the words "Directive

The European Parliament and of the Council of 2011/83/EU of 25 June. October 2011 on the rights

consumers amending Council Directive 93/13/EEC and directive

European Parliament and Council Directive 1999/44/EC and repealing Council directive

85/577/EEC and European Parliament and Council Directive 97/7/EC. Directive

The European Parliament and of the Council of 13/11/EU of 21 June. may 2013

the alternative solution of consumer disputes, and amending Regulation (EC) No.

2006/2004 and directive 2009/22/EC (directive on the alternative solution

consumer disputes). ".



2. In article 1 (1). 1, the words "of the European Union), ^ ^ 31 32)" shall be replaced by the words

"The European Union ^ ^ 31), 32), ^ 36)". Footnote No. 36:



"36) European Parliament and Council Regulation (EU) no 524/13 of 21 October 2003.

may 2013 for the settlement of consumer disputes online and amending Regulation

(EC) No. 2006/2004 and directive 2009/22/EC (the regulation for the solution

consumer disputes online). ".



3. In section 1 (1). 1 footnote 1 is deleted, including the

links to a footnote.



4. Footnote 2 shall be added:



"2) § 214 et seq.. of the civil code. ".



5. In section 1, at the end of the text of paragraph 1, the words ", as well as

the out-of-court settlement of consumer disputes ".



6. Footnote 3 is added:



"3), for example, law No. 22/1997 Coll., on technical requirements for

products and amending and supplementing certain acts, as amended

legislation, law no 372/2011 Coll. on health services and conditions

their provision (law on health services), as amended

law, the law of the CZECH NATIONAL COUNCIL No. 133/1985 Coll., on fire protection, as amended by

amended, law No 154/2000 Coll., on the breeding, breeding and

the register of farm animals and amending certain related laws

(plemenářský Act), as amended, Act No. 156/1998

Coll., on fertilisers, soil conditioners, auxiliary plant

products and substrates and agrochemickém testing of agricultural soils

(Act on fertilizers), as amended, law No 166/1999

Coll., on health care and on the amendment of certain related laws

(health law), as amended, Act No. 266/1994

Coll., as amended, Act No 119/2002 Coll., on

firearms and ammunition (the Firearms Act), as amended

legislation, law No. 29/2000 Coll. on postal services and amending

Some laws (the law on postal services), as amended

legislation, Act No. 526/1990 Coll., on prices, as amended

legislation, Act No. 143/2001 Coll., on the protection of competition and the

amendments to certain acts (the Act on the protection of competition), as amended by

amended. ".



7. Footnote 4 is added:



"4) Section 420 of the civil code.".



8. In section 2 (2). 1 (a). (c)), the words "part of or provided by the service"

shall be replaced by the word "component".



9. In section 2 (2). 1 (f)):



"(f)) the product thing that is intended to offer to the consumer, including the rights and

liabilities associated with this thing, ".



10. In section 2 (2). 1 (a). g), the words "with the exception of the activities covered by

special laws, ^ 4a) where consumer protection supervision confers on the

professional associations or other bodies of State administration than referred to in §

23.0 "shall be replaced by the words" including the rights and obligations with this activity

related ".



Footnote 4a is deleted.



11. In section 2 (2). 1 (a). n), the words "or" shall be deleted.



12. In section 2 (2). 1 (a). n), point 1, the words "or" shall be deleted.



13. In section 2 (2). 1 (a). n), point 2, the words "or"

shall be replaced by the word "that" and the words "copyright or related rights"

shall be replaced by the words "of copyright or of related rights

Copyright ".



14. the footnote No 4 c is added:



"4 c) Law No. 121/2000 Coll. on copyright, rights related

with the copyright and on the amendment of certain laws (Copyright Act), in the

as amended. Act No. 527/1990 Coll., on inventions,

designs and improvement proposals, as amended

regulations. ".



15. In section 2 (2). 1 (a). n) point 3, the words "or" shall be deleted.



16. In section 2 (2). 1 (a). n), paragraph 4, the words "or" shall be deleted.



17. In section 2 (2). 1, letter n) following the letter o), which read:



"o) commercial practice consisting in the behavior of the seller

the venue, omissions, statements, commercial communication including advertising and

placing on the market related to the promotion, sale or supply of a product

or service to the consumer, ".



Letter o) is referred to as the letter p).



18. In section 2, at the end of paragraph 1, the period is replaced by a comma and the following

the letters q) up in) are added:



"q) offer to buy the commercial communication, which in a way suitable for the

the type of commercial communications provides information about the product or service, and

the price and allows the consumer to make the purchase,



decision concerning the purchase of r) consumer decision on whether, how and

the conditions under which a product or service purchase, whether to pay for them

at the same time, or in part, whether it's leaves or leaves or in

the relationship applies to them the right arising from the Treaty, whether

the consumer decides to act or to refrain from conduct,



with) to materially distort the economic behaviour of consumers use

business practices that significantly impairs the ability of the consumer

make an informed decision, which leads to the fact that they make the decision

about the purchase, which would not have taken otherwise,



t) undue influence use of the stronger position of the seller

to the consumer in a way that significantly restricts his ability to

make an informed decision, and even without the use of physical force, or

the threat of its use,



in a cross-border dispute) from the purchase contract, or of the Treaty on the

the provision of services, if the consumer at the time when the order's

product or service, the place of residence in another Member State of the European Union or

representing the State of the European economic area other than the State in which it is

established by the seller,



in competition, consumer contests) of the poll or other action of the prices

organized for the consumer in direct connection with the promotion, offering

or selling the product or service of the seller, which the seller

or authorised person agrees to pay the participants designated by the accidental

Select cash or non-cash awards and which is a condition of participation

purchase a product or service, and proof of this purchase

the seller, or the conclusion of the contractual relationship with the seller of the product,

or services or the participation of consumers in the marketing action of the seller, and

It also indirectly through other persons. ".



19. section 3a, including the title and footnote 1a is added:



' section 3a



Using a telephone number with a higher than normal price



The seller, who, in the context of the contract used for

communication with the consumer public communications service must not use

such a service, whose use would be for the consumer meant posting

higher prices than regular price call ^ 1a).



1A) Decree No 117/2007 Coll., on the numbering plans of networks and services

electronic communications, as amended. ".



20. section 4-5a, including headings and footnotes, no 6b are inserted:



"section 4



Unfair commercial practice



(1) a commercial practice is unfair if it is contrary to the requirements of professional

care and significantly impairs or is eligible to interfere substantially with

the economic behaviour of consumers, which is intended, or which is

It is issued in relation to the product or service. If

commercial practice is directed at a particular group of consumers,

by the average member of this group.



(2) commercial practice, which may materially distort the economic behaviour of the

a clearly identifiable group of consumers who are

because of mental or physical infirmity, age or credulity, separately

vulnerable to such a practice, or a product or service, and that way,

that the seller may reasonably be expected to be assessed in terms of

the average member of this group; This is without prejudice to the common and legitimate

advertising practice of making exaggerated statements or statements which are not

meant to be taken literally.



(3) Unfair commercial practice shall mean, in particular, of misleading the venue pursuant to section

5 or misleading omission under sections 5a and aggressive commercial practice by

section 5b. Business practices that are considered unfair in all

circumstances, are listed in annex 1 and 2 of this Act.



(4) the use of unfair trade practices before the decision regarding the purchase, in

during and after the making of the decision decision is prohibited.



§ 5



The misleading of the venue



(1) a commercial practice shall be regarded as misleading if it contains factually

the wrong information and is therefore untruthful, which results or may result


consumers to purchase decisions, which would not have taken otherwise.



(2) For misleading commercial practice shall be regarded as also containing truthful

the information, if the leads, or may lead the consumer to the decision

about the purchase, which would not have taken otherwise, if in any way indicates

or is able to mislead the consumer regarding the



the existence and nature of) a product or service,



(b)) the main characteristics of a product or service, such as information about their

availability, benefits, risks, execution, composition, accessories,

our after-sales service and the handling of complaints and grievances, the production

the procedure and the date of manufacture, or delivery, mode of delivery, fitness for purpose,

, uses, quantity, specification, geographical or

commercial origin, the expected results of their use, or the results of the

and carried out the tests or inspections,



(c) the extent of the obligation of the seller) theme for the commercial practice and

the nature of the sales process, statement or symbol relating to the

direct or indirect sponsorship or approval of the seller or

product or service,



(d) the price or the manner of calculating) the prices or the existence of a specific price

the benefits,



e) service, replacement, Exchange or repair,



(f)) the nature, characteristics and rights of the seller or its

the representative, for example, its identification and property eligibility

status, approval, association or relationship, rights of industrial,

commercial or intellectual property rights or his awards and distinctions;

or



(g) the rights of the consumer, including) the right to replacement or reimbursement

the purchase price arising from the rights of defective performance or risks, which

may be exposed to.



(3) a commercial practice shall also be considered misleading where, in its factual

context, taking account of all its features and circumstances, it leads

or may lead to, the consumer shall take a decision regarding the purchase,

that would not have taken otherwise, and if it includes



and any marketing) a product or service on the market, including a comparative

advertising, which creates confusion with any other product or service,



(b)) any marketing of a product or service on the market, including a comparative

the ads, which leads to confusion with a trademark, trade name, or

other distinguishing characters of another seller, or



(c) failure to comply with a clear commitment contained) in the code of conduct

whose compliance is a proven seller.



Section 5a



Misleading omissions



(1) a commercial practice shall be regarded as misleading if, in its factual

context, taking account of all its features and circumstances and the

by limiting omits essential information

in the context of consumer needs for the decision regarding the

the purchase, which causes, or may cause, the consumer shall take a decision

regarding this purchase, which would not have taken otherwise.



(2) A misleading omission is also considered essential if the seller

the information referred to in paragraph 1, or conceal an unclear,

unintelligible or ambiguous way or at an inconvenient time

due to the circumstances described in paragraph 1 or commercial

the intention of the business practices, if it is not apparent from the context, and if it's in

both cases, leads, or may lead the consumer to the decision concerning the

the purchase, which would not have taken otherwise.



(3) if not already apparent from the context, in the case of an offer to

the purchase of essential information



and the main characters) a product or service to the extent corresponding to the

medium, as well as the product or service,



(b) the identity and address of the seller) or a person acting on his behalf

or on his behalf,



(c)) price including taxes, fees and other financial transactions,

or if the nature of a product or service, shows that the price cannot be reasonably

in the way of calculating it, and, where appropriate, any other

payment for carriage or delivery, or if those payments cannot be reasonably

fixed in advance, the fact that the price may be charged to such other

payments,



(d)) the arrangements for payment, delivery, performance and handling

complaints and grievances, if they deviate from the requirements of professional care,



(e)) the right to withdraw from the contract or the termination of the undertaking, if this

the rights are there, and the conditions for their application.



(4) Information, which is mandatory according to the legislation of the

implementing European Union law ^ 6b) that relates to the business

communication including advertising or marketing, are regarded as essential in the

the range specified by the law of the European Union.



(5) where the medium used to communicate the commercial practice imposes

limitations of space and time, it is necessary in deciding whether there has been

the omission of information, to take into account these limitations and any measures

that the seller has accepted to ensure access for consumers to information

by other means.



6B) for example, law No. 89/2012 Coll., the civil code, Act No. 145/2010

Coll., on consumer credit and on amendment to certain laws, as amended by

Act No. 43/2013 Coll., Act No. 159/1999 Coll., on certain conditions

business in the field of tourism, in the wording of later regulations,

Act No. 526/1990 Coll., on prices, as amended, law No.

79/1997 Coll., on pharmaceuticals and on amendments and additions to some related

laws, as amended, law No. 40/1995 Coll., on regulation of the

advertising and amending and supplementing Act No. 468/1991 Coll. on the operation of the

radio and television broadcasting, as amended, in

as amended, Act No. 37/2004 Coll., on insurance contracts and

change related laws (the law on insurance contracts), as amended by

amended. ".



21. in section 5a is inserted after section 5b and 5 c, including the following titles:



"§ 5b



The aggressive commercial practice



(1) a commercial practice shall be regarded as aggressive if, in its factual

context, taking account of all its features and circumstances significantly

worsens or can significantly impair the freedom of choice or conduct

the consumer in relation to the product or service, harassment,

coercion, including the use of physical force, or undue influence,

which causes, or may cause, the consumer shall take a decision

about the purchase, which would not have taken otherwise.



(2) in determining whether a commercial practice is aggressive, account shall be taken



and the timing, place), nature or the duration of the business practices,



(b)) to the way of the negotiations, his výhružnosti or offensiveness,



(c)) to a conscious use of the adverse situation of the consumer, which leads to

the deterioration of the judgement of the consumer, to influence its decisions in relation to the

product or service,



(d)) to the disproportionate non-contractual hurdle imposed by the seller for

the application of the rights of the consumers, including the application of the rights on termination of the contract

or a change to a product or service or a change of the seller, or



e) to menace legally be taken.



§ 5 c



Proof of claim



(1) the supervisory authority shall be entitled to require the seller to

administrative proceedings demonstrate the accuracy of factual claims in relation to the

commercial practice if such a request having regard to the legitimate

the interests of the seller and any party to the proceedings appears to be due to the

the circumstances of the case as appropriate.



(2) If the seller fails to provide the evidence required under paragraph 1

or if the supervisory authority considers that the evidence submitted in accordance with paragraph 1

inadequate, they are factual claims as inaccurate. ".



22. section 8 including title:



"section 8



The ban on bidding, sale and storage of products in violation of certain rights

intellectual property



Offer for sale, sell and store the products infringing the

some of the intellectual property rights or the unauthorized use of a sign

protected by special legal regulation ^ 4b), is prohibited. ".



23. In section 10, paragraph 1. 7, the word "goods" is replaced by the word "product".



24. In section 11 (1). 1, the words "in section 9, 10, 13, and 19.0" are replaced by the words "§

9, 10, 12, 13, § 16. 1 and 3 and § 19 ".



25. In section 11a, the words "sale of goods" shall be replaced by the words "sale of goods"

and the words "supply of goods" shall be replaced by the words "supply of goods".



26. the footnote No 11:



"11) section 13 of Act No. 526/1990 Coll., on prices, as amended

regulations. ".



27. In article 12, paragraphs 2 and 3 shall be deleted and shall be deleted at the same time indication

of paragraph 1.



28. section 14 including title:



"section 14



Information duty of the out-of-court settlement of consumer disputes



(1) the seller shall inform the consumer, in a clear, comprehensible and easily

available way of settling consumer body

disputes, that is for the type of offered, sold, provided

product or service or causing to be factually relevant. Information

It must also include the Internet address of that entity. If

the seller runs a website, enter the following information on

This website. If the contract concluded between the

the seller and the consumer refers to the terms and conditions, the

the information referred to in the first sentence and the second also in these business

conditions.



(2) in the event of a dispute between a consumer and a seller that is

Unable to settle directly between the parties, the seller shall provide

the consumer the information referred to in paragraph 1 in paper form or on

another durable data medium. ".



29. In section 14a, the following title is added: "the obligations of the operator

market or markets ".



30. In section 16. 4, the words "goods or goods" shall be replaced by the words "product

or product "and the words" the goods "shall be replaced by the words" of this

the product ".



31. In section 19, paragraph. 1 the words "goods for sale" shall be replaced by the words

"selling products".



32. the footnote No. 34 is repealed.



33. In section 20 (2). 4, the word "regulations" shall be replaced by the words "regulations ^ 37)".



Footnote No. 37:



"§ 37, paragraph 37). 2 administrative procedure. ".



34. In section 20 (2). 4 at the end of the text of subparagraph (c)), the words ", with the

an indication of the price at which those products or services to consumers on

organised action without taking into account any discount offered individually

agreed with the consumer on the organized action ".



35. In section 20a, paragraph. 1 at the end of the text of subparagraph (c)), the words ", with the


an indication of the price at which those products or services to consumers on

organised action actually offered without taking into account any discounts

individually negotiated with the consumer on the organized action ".



36. the following section is inserted after section 20a, 20b, including footnotes, no.

44 and 45:



"§ 20b



(1) the seller, which in the context of organized action pursuant to section 20 (2). 2

sells products or provides services during this action, or before the

the expiry of seven days from the conclusion of the contract should not take

implementation of the corresponding to the purchase price of the offered product or service, or

her part. The prohibition referred to in the first sentence shall also apply to the advance on

payment of the price or any other fee. This provision is

without prejudice to the provisions on the withdrawal, according to another legal regulation ^ 44).



(2) violation of the obligation provided for in paragraph 1 shall be considered as a serious way to

breach of the conditions laid down by a special legal regulation within the meaning of

the Trade Licensing Act ^ 45).



44) § 1829 et seq.. Law No 89/2012 Coll., of the civil code.



45) Law No 455/1991 Coll., on trades (trade licensing

Act), as amended. ".



The existing section 20b to 20v is renumbered as section 20 c to 20y.



37. For the part of the second part shall be inserted after the third to fifth, including

the headings and footnotes No. 38 to 43 and 46 and 47:



"THE THIRD PART



The out-of-court settlement of consumer disputes



§ 20 d



The consumer has under this Act, the law on out-of-court settlement

consumer dispute of the contract of purchase or contract for the provision of

Services (hereinafter called "the consumer") with the exception of contracts concluded



and in the area of health) services provided to patients by the medical

workers for the purpose of providing health care ^ 38), including

prescribing, issuing and delivery of medicinal products and

medical devices,



(b)) in the area of services of general interest in nature,



(c)) with public providers of higher education or another.



§ 20e



The bodies of an out-of-court settlement of consumer disputes



Body of the out-of-court settlement of consumer disputes under this

the law is



and) in the area of financial services in the scope of the financial arbiter

laid down by law governing the financial arbiter ^ 39),



(b)) in the field of electronic communications and postal services to Czech

the Telecommunications Authority in the scope laid down the law

governing the electronic communications and postal services ^ 40),



(c)) in the field of electrical power engineering, gas and heat supply and energy

the regulatory authority within the scope provided for by law

governing the electricity, gas and heat supply ^ 41),



(d)) in cases when it is not given the scope of the authorities referred to in (a))

(c)), the Czech trade inspection or other body authorized by the Ministry of

trade and industry; If the authorised body of the professional Chamber

compulsory membership, shall exercise the responsibilities set out in the other

by the law.



section 20f



(1) the Ministry of industry and trade shall instruct non-litigious solution

consumer disputes the person who so requests in writing and provide proof of

compliance with the conditions laid down in the third and fourth parts of this Act. About

the credentials of the Ministry of industry and trade shall decide not later than 2

months from filing the application.



(2) the authorised body may be the person who



and) is a legal entity, or established based on consumer protection

or professional Chamber with compulsory membership,



(b)) has assigned a dedicated budget for the extra-judicial settlement of consumer

disputes, which is separate from the budget for this person,



(c)) proves that the natural person designated to amicable solutions

consumer disputes is fully svéprávná, my expertise is

independent and impartial; a natural person shall be considered a professionally

by a qualified, independent and impartial if it meets at least

the requirements referred to in section 20 and 20 h,



(d)) shall ensure that ADR is free for consumers,



e) complies with the law on the protection of personal

of the data.



(3) the Ministry of trade and industry checks whether the authorized body

satisfies the conditions for out-of-court settlement of consumer disputes under

of this law. If it finds that the competent body does not meet any of the

These terms and conditions, shall require him to remedy. If no remedy

within three months, the Ministry of industry and trade removes

body concerned shall withdraw it and credentials from the list. Of the relevant

the change shall inform the European Commission. Re the granting of credentials is possible

After three years from the first removed from the list.



(4) if the professional Chamber with compulsory membership, carries out control

in accordance with paragraph 3, the supervisory authority of the professional Chamber under another act;

the second sentence of paragraph 3 shall apply mutatis mutandis. Failing to correct within the time limit

referred to in paragraph 3, notify the supervisory authority of the Ministry of industry and

trade, which removes the body from the credentials and shall

the list.



(5) the Ministry of industry and trade shall withdraw an out-of-court body

settlement of consumer disputes in the case from the list of its cancellation.



(6) the Ministry of industry and trade leads list of out-of-court bodies

settlement of consumer disputes. The list contains the following information:



and the name, contact details), and the Internet address,



(b)) charges, are to be established,



c) language or languages in which it may be submitted a proposal on start and

conducted out-of-court settlement of consumer disputes,



(d)), on the kinds of disputes that can use the extra-judicial settlement of consumer

disputes,



e) sectors and categories of disputes, that body an out-of-court solution

consumer disputes,



(f)), whether the information is required the physical presence of the parties and whether the

the out-of-court settlement of consumer disputes is, or may be conducted oral

or in writing,



(g)) the nature of the outcome of the out-of-court settlement of consumer disputes,



h) reasons, on the basis of an out-of-court solution to the body may

consumer disputes dispute resolution.



(7) the Ministry of industry and trade shall forward the list referred to in paragraph 8

The European Commission and published on its website, together with the

a link to the relevant website of the European Commission. The list must

also be available on a permanent data medium.



(8) the Ministry of trade and industry updates the list without undue

delay and the relevant information to the European Commission announces.



section 20 g



Expertise



The natural person designated to implement the extra-judicial settlement of consumer

the disputes he has sufficient expertise, if you acquired a higher education

degree in law, and if it has the necessary knowledge and skills in

area of judicial or extra-judicial settlement of disputes.



§ 20 h



Independence and impartiality



(1) the term of the natural person designated to implement the extra-judicial settlement of

consumer disputes are at least 3 years. A person shall not be unreasonably

deprived of their functions and shall be remunerated in a manner that is not bound to

the result of the ADR.



(2) the natural person designated to implement the extra-judicial settlement of

consumer disputes must not take instructions from the parties or their

the representatives.



(3) If a natural person designated to implement the extra-judicial settlement of

consumer disputes at any time in its course it finds any

the circumstance which might affect its independence or impartiality, or

could cause a conflict of interest with the party to the dispute, shall notify this fact to the

without undue delay by the authorized body.



(4) in the case of a notification of the fact, referred to in paragraph 3, the competent body must

obliged to specify to the leadership of the extra-judicial settlement of consumer dispute in another

a natural person or to propose to the parties to dispute another

the competent body under section 20e. Otherwise, the natural person may continue

non-litigious dispute resolution only if the parties to the dispute

informed of the facts referred to in paragraph 3 and have not notified objections.



The obligations of the entities of the out-of-court settlement of consumer disputes



section 20i



The body of an out-of-court settlement of consumer disputes will be published on

website or in any other appropriate manner and on demand

provide on a permanent data medium clear and understandable information on



and your contact information including) postal and e-mail addresses,



(b)) that is on the list maintained by the European Commission,



(c) persons designated to carry out) the extra-judicial settlement of consumer

in the case of disputes, and their appointment is also about how the appointment and the length of the

the mandate,



(d) its eventual membership in) the network operators an out-of-court solution

consumer disputes to help resolve cross-border disputes,



e) disputes, for which a solution is appropriate,



(f)) the procedural rules for extra-judicial settlement of consumer disputes,

including the possibility of the parties to terminate the participation in them, and of the reasons for the

the basis may refuse to deal with the dispute,



(g)), which may be submitted a proposal to initiate an out-of-court

consumer dispute resolution, and in which the solution is in progress,



h) rules, which shall be used as the basis for the solution of the dispute

(for example, legislation, policies, and codes of conduct),



I) requirements, which the parties must meet before an out-of-court

consumer dispute resolution, and whether the parties can terminate the

their participation in the proceedings,



j) costs that may arise in connection with the non-litigious parties

the solution to consumer dispute, which shall be borne by the parties, including rules for

any reimbursement at the end of the dispute,



k) average length of extra-judicial settlement of consumer dispute



l legal effect) the result of extra-judicial settlement of consumer dispute

including any penalties for failure to comply with the decision, if it is for the parties to

binding,



m) possible enforceability of a decision issued by the Agency of an out-of-court

settlement of consumer disputes.



section 20j



The body of an out-of-court settlement of consumer disputes



and updated website) that contain easily

the information available on the out-of-court settlement of consumer disputes, and that

allow the submission of the proposal to initiate the dispute resolution online, including

the documents, published on them a link to the website


The European Commission on the out-of-court settlement of consumer disputes

and, if possible, on a durable medium in their areas

list of entities an out-of-court settlement of consumer disputes

notified by the Member States of the European Commission,



(b)) provides to the parties, at their request, the information referred to in point (a)

and the durable medium),



(c)) enables you to exchange of information between the parties to the dispute, and even electronic

resources, d) addresses both national and cross-border disputes,



e) cooperates with bodies of the out-of-court settlement of consumer disputes

of the Member States of the European Union and the countries that make up the European economic

space, and in particular in resolving cross-border disputes, and participates in the

a regular exchange of best practices concerning national and

cross-border disputes,



f) cooperate with the national supervisory authorities responsible for the

enforcement of legislation on consumer protection, in particular in the

the mutual exchange of information on practices in the areas of business, the

which consumers complain repeatedly, and the provision of technical

opinions and information, if they are necessary for the resolution of individual disputes

and if they are already available.



section 20 k



The obligation of notification bodies an out-of-court settlement of consumer

disputes



(1) the Operator shall notify the out-of-court resolution of consumer disputes

The Ministry of industry and trade:



and the name, contact details), and the Internet address,



(b)) data on the structure and financing, including data on the persons intended to

the implementation of out-of-court settlement of consumer disputes, by their

remuneration and term of Office,



(c)) the procedural rules, according to which the consumer will be the solution

the dispute followed, including the reasons for the rejection of the proposal,



d) fees, if they are established,



(e)) the average length of extra-judicial settlement of consumer dispute



(f)), the language or languages in which it may be submitted a proposal on start and

conducted out-of-court settlement of consumer disputes.



(2) the Authorized body shall notify the Ministry of industry and trade, in addition to data

referred to in paragraph 1 whether or not



and the kinds of disputes that) is empowered to deal with



(b)), the Declaration of competence and compliance with the requirements laid down in this

by the law.



(3) the out-of-court settlement of consumer disputes shall notify changes

the data referred to in paragraph 1, the Ministry of industry and trade, without

undue delay.



(4) the out-of-court settlement of consumer disputes Announces

The Ministry of industry and trade every two years for information about



and) the number of disputes that have been submitted, and the types of incentives that

to apply,



(b)) the percentage of out-of-court settlement of consumer disputes, which

has been stopped or rejected, without a solution has been reached, and the percentage

the share of reasons to stop or the refusal, if known,



(c)) the average time required to resolve the dispute,



(d) the extent of compliance with results) out-of-court settlement of consumer disputes,

If known,



e) system or major problems, which occur frequently and

lead to disputes between consumers and sellers,



(f)) of any cooperation of bodies within the network operators an out-of-court

settlement of consumer disputes to help resolve cross-border disputes and

assessment of the effectiveness of this cooperation, if one exists,



g) training of individuals for implementing an out-of-court

settlement of consumer disputes,



(h) an assessment of the effectiveness of solving) consumer disputes and

its possible improvement.



(5) the information referred to in paragraph 4 are the content of the annual report, which

the body of an out-of-court settlement of consumer disputes exposes on their

website or in any other way or on request

provides a durable data medium.



section 20 l



Assistance in the case of cross-border disputes



(1) in the case of cross-border disputes, helps consumers access to

the competent body with out-of-court settlement of consumer disputes

European consumer centre of the Czech Republic.



(2) the Czech Republic is European consumer Centre contact

place according to the regulation directly applicable European Union ^ 36).



§ 20 m



The obligations referred to in the provisions of section 20i, 20j and section 20 k of paragraph 1. 5 of this

the Act does not apply to the financial arbiter.



PART THE FOURTH



THE CZECH TRADE INSPECTION PROCEDURE AND AUTHORISED BODY IN OUT-OF-COURT

SETTLEMENT OF CONSUMER DISPUTES



The proposal on initiating an out-of-court consumer dispute resolution



§ 20n



(1) the extra-judicial settlement of consumer dispute launches on a proposal from the

of the consumer.



(2) the proposal referred to in paragraph 1 shall include the



and the identification data of the parties to the dispute),



(b) complete and comprehensible representation of) the operative events,



(c)), marking the appellant seeks,



(d) the date when the applicant) has applied its law, which is the subject of the dispute,

the seller for the first time,



e) a statement that the Court decided in the case, was not extradited the arbitration award and

the parties ' agreement has been concluded within the framework of out-of-court solutions

consumer dispute and was not initiated proceedings before the Court,

the arbitration proceedings or out-of-court settlement of consumer dispute in accordance with

This law,



f) date and signature of applicant.



(3) the proposal shall be accompanied by proof of the fact that the claimant

failed to resolve the dispute with the other party directly, and other documents

stating that the alleged facts, if they are available. To the proposal

be accompanied by a power of attorney if the applicant is represented on the basis of power of attorney.



(4) a proposal may be made in writing or orally or electronically

through the online form on the website

The Czech trade inspection, signed by a recognised electronic signature

or sent via the Clipboard data of the person who made it.

Under the condition that the proposal is confirmed within 10 days, or accompanied by one

of the ways referred to in the first sentence, it may be made using other

technical means, in particular via telefax or public

the data network without the use of a recognised electronic signature. In the case of the authorised

the body can be submitted in writing or electronically through the

online form on its website.



§ 20 °



The initiation of the extra-judicial settlement of consumer dispute is considered

the conclusion of the agreement on the out-of-court negotiations, the creditors and the debtor about the law or

about the circumstances, which the law establishes, under the civil code ^ 42).



§ 20 p



The applicant may submit a proposal for the Czech trade inspection or authorized

body not later than 1 year from the date of his law, which is

the subject of the dispute, the seller for the first time.



§ 20q



The rejection of the proposal



(1) if the proposal does not contain the particulars referred to in section paragraph 20n 2 or, if not

accompanied by the documents referred to in section paragraph 20n. 3, the Czech trade inspection

or designated by the petitioner to the addition body within 15 days.

After the fruitless expiry of this period the Czech trade inspection or authorized

the body will reject the proposal.



(2) the Czech trade inspection or authorized body proposal also rejects,

If the design of the attached documents or otherwise, that



and the dispute does not belong to them) material scope,



(b)) in a matter already decided to court or arbitration award was issued or was

proceedings in court or arbitration proceedings, or was already in the same

things started or terminated the extra-judicial settlement of consumer dispute in

the other entity referred to in section 20e of this law,



(c) the proposal made by the petitioner) after expiry of the period provided for in § 20 p, or



(d)) the proposal is clearly unreasonable.



(3) the proposal is clearly unreasonable, in particular if the



and as for the claim) again and the applicant submits, in its submission

it fulfilled the conditions laid down, as appropriate, in the framework of the previous out-of-court

consumer dispute resolution, or



(b) the submission of the applicant obviously) follows the abuse of their rights at the expense of

of the other party.



(4) the Czech trade inspection or authorized body shall inform the parties

the dispute about the rejection of the proposal together with reasons for the refusal, within 15 days from the date of

its receipt, unless the facts establishing the reason for refusal

finds out later. In such a case, it shall inform the parties to the dispute about the refusal of the

without undue delay from the time when the reasons for rejection

the proposal finds out.



§ 20r



The initiation of the extra-judicial settlement of consumer dispute



The extra-judicial settlement of consumer litigation is initiated on the day when the Czech

the better Business Bureau or authorized entity receives a proposal pursuant to § 20n. If

The Czech trade inspection or authorized body to reject a proposal under section

20q, informed of the initiation of the extra-judicial settlement of consumer dispute, both

the parties to the dispute and shall instruct is that



and) may not be represented by legal counsel ^ 43),



(b)) can take advantage of independent advice or representation or assistance to third

of the person,



(c)), the consumer may terminate the participation in non-litigious solutions to consumer

the dispute at any stage,



(d)) have the right to express their opinion on the matter,



e) can consult the documentation related to the present dispute,

take a copy or copies of the claim, the evidence, documents and facts

submitted by the other party and to comment,



f) in the cases referred to in section 20u paragraph. 2 will be informed in the documentary

form or on another durable medium of their solving

consumer dispute and about the facts that led to the termination of the

an out-of-court resolution of consumer dispute



(g)) starting the extra-judicial settlement of consumer dispute does not affect the

the right of the parties to the dispute to seek the protection of their rights and legitimate interests of the

in a court.



section 20s



Cooperation with Czech commercial inspection and authorized body



(1) the seller shall within 15 working days from receipt of

notification according to § 20r provide Czech inspection or

the authorized body to the facts set out in the proposal.



(2) the seller is obliged to cooperate closely and provide the Czech

commercial inspection or authorized operator assistance needed to

effective out-of-court consumer dispute over the solution.



Their out-of-court consumer dispute resolution



section 20t



(1) the extra-judicial settlement of consumer dispute must be completed within 90

days of its launch.



(2) in the case of particularly complex disputes can be the time limit referred to in paragraph 1


extended by a maximum of 90 days. The parties must be free of

undue delay be informed of the extension of this period and of the total

the time for when you can expect to be the extra-judicial settlement of consumer

the dispute ended.



section 20u



(1) the extra-judicial settlement of consumer dispute ends



and the conclusion of the agreement of the parties to the dispute),



(b) a unilateral declaration by the consumers of) their participation in solutions

the Czech trade inspection dispute, notified or authorized body,



(c)), a declaration for the dead, a statement from the missing or

the demise of one of the parties to the dispute without a legal successor,



(d)), to seek the deadline under section 20t,



(e) the rejection of the proposal referred to in §) 20r.



(2) to end the extra-judicial settlement of consumer dispute in accordance with

paragraph 1 (b). (b)), or (c)) shall inform the Czech trade inspection or

the competent body must without undue delay the other party to the dispute. If there is a

their out-of-court consumer dispute resolution referred to in paragraph 1

(a). (d)), without undue delay, inform the parties of the dispute.



(3) the agreement referred to in paragraph 1 (b). and) must be in writing.



section 20v



Delivery



The obligation of the Czech trade inspection or authorized body to deliver

the parties dispute the document under this part of the law is fulfilled if the

delivered through public data network to the data boxes

the addressee at the address indicated in the proposal on initiating an out-of-court solution

consumer dispute or address, and the e-mail, which

the purpose of the service shall notify the parties to the dispute of the Czech trade inspection or

the authorized body. The document shall be deemed to have been delivered, even if that

the addressee for reasons of circumstances on his side.



§ 20w



The costs of out-of-court settlement of consumer disputes



(1) the extra-judicial settlement of consumer disputes, nezpoplatňuje.



(2) the costs of out-of-court solution of consumer disputes's

the Parties shall themselves.



§ 20 x



The Czech trade inspection or authorized body lays down the rules for the

the out-of-court settlement of consumer disputes, which adjusts the detail

procedure for out-of-court settlement of consumer disputes, in

accordance with the rules referred to in this part of the Act.



§ 20y



This section governs the procedure for out-of-court settlement of consumer disputes

before the Czech trade inspection and authorized body.



PART THE FIFTH



INFORMATION ABOUT CREDIT SCORE AND CONSUMER TRUST



section 20z



(1) for the purpose of protection of the rights and protected interests of the sellers and the law

consumers, consisting in the assessment of the ability and willingness of consumers to

to meet its obligations, the seller, whom to consumers arise

Receivables from loans or other debts in the long-term or

may through information databases (hereinafter referred to as

"the registry") inform each other of the identification data of the consumers and

on matters, which tell about the credit score, and credit morality

the trust of consumers, even when they are in another

^ Law 46) obliged to secrecy. In the activities of the registry must

be involved at least 10 sellers, who are the banks, according to another

the law governing the activity of the bank, selling consumer loans

According to another law governing the provision of consumer credit,

payment institutions under another law governing payment transactions

or the payment service provider of the small range under another act

adjusting the payments. The registry may operate a legal person,

that is not the seller, and its main purpose is business (hereinafter referred to as

the "operator"), under the conditions laid down in this law. For the mutual

information and the processing of personal data in the registry is not required

the consent of the consumer.



(2) data obtained in accordance with paragraph 1 shall the seller be entitled to use the

solely to the prevention of fraud, and to assess the ability and

the willingness of consumers to meet his contractual obligations (an evaluation,

payment morality and trust). The seller and the operators are

required to keep the data secret and protect them from abuse

so, as if they were data about consumers, who are in

contractual relationship. For the processing of the data allowed under this paragraph shall

It also considers the creation of models that assess the likelihood of

fraud or consumer's ability and willingness to meet its

contractual obligations, both on the part of the seller of the

of the operator.



(3) the seller, which provides consumer information to the registry, it is

the consumer is obliged to notify in advance to the fact that its data

will be or can be kept in the registry and in the event that the data contain

information about a consumer's debt after the due date, you shall be obliged to

to inform consumers about the existence of the debt and to invite it to cover

such debt.



(4) in the registry, you can handle the following information



and consumer identification data),



b) data on the financial commitments of the consumer contracts between

consumer and sellers using the registry, including information about

potential financial commitments of the consumer contracts, which

the consumer with the seller acted, but not to close,



(c) specify the period of time), to which the data relate,



(d) a statement of the seller), which record.



(5) in the provision of data from the registry by the seller, does not provide an indication

in accordance with paragraph 4 (b). (d)). the operator, which runs the registry is

entitled to a range of processed personal data and provided further

limit. If you are from the registry provided information about debt consumer

After the due date, you shall be together with this indication is always given also the

an indication of whether the debt has been paid and when to meet there. When replacing the

information and data processing in the registry are the seller and

the operators are entitled to use the social security number of the consumer, if he

the seller rightfully earned.



(6) the seller is entitled to information from the registry may require direct

the context of the specific business case, and, if it is a

the registry, which records the records of obligations of consumers for which the

not to delay, and about the potential liabilities of consumers only

with the consent of the consumer.



(7) the Context with the specific business case referred to in paragraph 6, the

means



and the link with the decision-making about) the supply of services or the sale of the product

head, even potentially, to the creation of the claim of the seller for

by the consumer, unless all the claims of the seller for the consumer

will be met simultaneously with the conclusion of the contract or immediately after it,

or



(b)), the link with already accrued contract or claim of the seller for

by the consumer, unless all the claims of the seller for the consumer

of this agreement have been fulfilled.



(8) the condition related to the specific business case referred to in paragraph

6 requires that the request concerned the



and the consumer requesting the provision of) the service or the purchase of a product

leading to the creation of the claim or the person, the consumer, for which the

the seller of the claim,



(b)) a person that has provided or intends to provide debt

the consumer, or



(c)) of the person with the person referred to in subparagraph (a)), or (b)) linked,

If the assessment of its credit standing is important for the evaluation of the abilities and

willingness to meet the contractual obligations of the person referred to in subparagraph (a)), or (b)),

such person shall be considered, in particular, the legal representative of a consumer.



(9) the consumer is entitled to against the operator, which runs the registry,

writing to express opposition to the registration of data about yourself in the registry,

which records the records of obligations of consumers, for which there was no

delay, and about the potential liabilities of consumers. The operator in

this case, without undue delay, removed from the registry of all

the records, which consumers relate to, and shall take measures to

to other records relating to the same consumer could not be

written.



(10) the operator is required to maintain a register with the sellers,

who will provide the information to the registry, and the registry is to acquire,

to conclude a written contract, in which undertake to comply with the obligations referred to in

paragraphs 3 to 8 and will be part of the arrangement on

organizational-technical measures to ensure the security of the data. The operator

the conclusion of the contract, if he refuses from all the circumstances that are

known, it appears that the seller is able to offer sufficient guarantees

compliance with the obligations referred to in paragraphs 3 to 8, or resigns, or

suspend its performance, if such facts come to light

Additionally. It is, however, obliged to provide equal conditions for access

sellers with registered office or place of business in another Member State

The European Union and sellers based or place of business in the Czech

Republic. The conditions for the conclusion of the contract shall be published in an

remote access. Justification the requirement to provide information from the

the registry referred to in paragraphs 6 to 8, showing the seller who has to register

access, on request, to the seller or to the operator, who leads the

the registry.



(11) the information in the registry about the commitment of the consumer may be in the registry

handled after period, after which the consumer takes commitment, and

for 3 years after its repayment. If the obligation has lapsed, the consumer otherwise

than the repayment or time-barred as regards the obligation or commitment, from whose

the payment of the debtor was exempt under other legislation) can ^ 47n

the information about such a commitment in the registry process for a maximum period of 3

the years since the demise of such a commitment from his prescription, or from the time when

There was an exemption pursuant to other legislation. In the event that the

not to the conclusion of the contract, the data may be processed in the registry

for a maximum period of 3 months. Even after the expiry of the time limits under this paragraph is

the seller or the operator, that the registry shall be entitled to retain leads

disidentified data for statistical purposes, and to retain documents

in connection with the data in the registry or obtain, if

This is necessary in order to protect its rights and interests protected by law.



(12) the establishment of the registry, the seller or the operator, which it leads,

notify the Office for the protection of personal data in accordance with another act


governing the protection of personal data.



(13) the consumer has a right, on payment of reasonable costs, to the listing

the information about him kept in the registry. The consumer has

the right to require the seller or the operators of that register,

the correction of inaccurate or incorrect data in the registry

shall be kept.



(14) the seller or the operator, which runs the registry is obliged to

fix inaccurate or incorrect information in the registry, where he learned about

that the data are inaccurate or incorrect. If the application of the consumer about the

the correction of inaccurate or incorrect data in the registry

kept, is not resolved immediately, the seller, or by the operator,

to register, the data concerned consumer applications to solve

consumer application blocks. Blocks in such a way, that makes

temporary prevention of the provision of data from the registry that were without prejudice to the

consumer applications. Instead of such data will provide the seller or

the operator, which runs the registry, information about that data are

blocked by.



(15) if the data held in the register of the subject of dispute between the competent

the seller and the consumer, and this dispute is conducted by a court,

administrative, or arbitration proceedings, which have not yet been released, the final

the decision on the merits, or the extra-judicial settlement of consumer dispute

under this Act, it is the seller or the registry operator

leads, must, at the request of the consumer of this fact in the register of

noted.



section 20za



The provisions of this section shall also apply to relationships arising in the context of the

business or other self-employment.



38) Law No 372/2011 Coll. on health services and conditions of their

provision (law on health services), as amended

regulations.



39) Law No 229/2002 Coll. on the financial arbiter, as amended

regulations.



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

some related laws (Act on electronic communications)

in the wording of later regulations. Act No. 29/2000 Coll. on postal

services and on amendments to certain acts (the Act on postal services), in

as amended.



41) Act No. 458/2000 Coll., on conditions for business and about the performance of the State

in the management of energy sectors and on amendments to certain laws

(Energy Act), as amended.



42) of section 647 of the civil code.



43) Act No. 85/1996 Coll., on the legal profession, as amended.



for example, 46), section 38 of Act No. 21/1992 Coll., on banks, as amended by

amended, § 11 (1). 1 (a). (g)) of Act No. 458/2000 Coll., on the

terms and conditions of business and the performance of State administration in the energy sectors

and on the amendment of certain laws (Energy Act), as amended

the provisions of section 127 of Act No. 277/2009 Coll., on insurance.



47) section 414 of the Act No. 182/2006 Coll., on bankruptcy and the ways of its solution

(insolvency law), as amended. ".



The former part of the third to fifth as part of sixth to eighth.



38. In section 23, paragraph. 1, the words "2, 3, 4 and 7 to 12 and 16" shall be replaced by the words

"2, 3, 4 and 7 to 12, 15 to 17".



39. In section 23, paragraph. 2, 3 and 4, the word "5a" shall be replaced by the words "5b, section 8,".



40. the footnote 21 reads:



"21) section 43 of Act No. 455/1991 Coll., on trades

(Trade Act), as amended. ".



41. In section 23, paragraph. 6, the words "or of the goods ' shall be deleted, the words" § 5 (3). 2 "

shall be replaced by "section 8".



42. In section 23, paragraph. 7, the words "5a" shall be replaced by "5b, § 8.0" and the words "

, ammunition and pyrotechnic products "shall be replaced by the words" and ammunition ".



43. In section 23, paragraph. 8 the words "§ 4-5a, section 6 and 12 ' shall be replaced by the words" § 4

to 5b, § 6, 12, and 14 ".



44. In section 23, paragraph. 9, the words "5a" shall be replaced by the words "5b and section 8".



45. Footnote 27 is added:



"27) Law No 378/2007 Coll., on pharmaceuticals and on changes of some

related laws (law on medicinal products), as amended

regulations. ".



46. In section 23, paragraph. 11, the words "§ 4 to 6 and section 12" shall be replaced by the words "§ 4 to

6, 12, and 14 ".



47. In section 23, paragraph. 15, the words "5a" shall be replaced by the words "5b", for the words "§ 6.0"

the words "shall be added to § 8.0" and the words "§ 11 to 13" shall be replaced by the words "§ 11

up to 14 ".



48. In section 23 shall be added to paragraph 16 and 17:



(16) the supervision of compliance with the obligations laid down in this law for the

the profession exercised by a member of the professional chambers with compulsory membership performs

the competent authority established by a special law and established

breach affects under special legislation, with the exception of the

professions in the field of financial services, where it is relevant to the supervision of the Czech

the National Bank.



(17) the supervision of compliance with the obligations when processing personal data

laid down in part five of this act done by authority for the protection of

personal data. ".



49. In article 23, the following paragraph 18, which reads as follows:



(18) the Czech trade inspection carried out supervision of compliance with the obligations

laid down in article 14 of the European Parliament and of the Council Regulation (EU) No.

524/2013 for the settlement of consumer disputes online and amending Regulation

(EC) No. 2006/2004 and directive 2009/22/EC (the regulation for the solution

consumer disputes online). ".



50. Section 23a, paragraph. 1 and 5, the words "section 23", the words "paragraph. 1 to

15. "



51. In section 24, paragraph. 7, subparagraph (c)) the following new subparagraph (d)), which read:



"(d) violates the ban on offering) for sale, sell and store

products that violate intellectual property rights or the unauthorized use of

designation according to special legal regulation ^ 4b), ".



Subparagraph (d)) to x) is referred to as the letters e) up to y).



52. In section 24, paragraph. 7 for the letter l) the following new subparagraph):



"does not provide consumer information m) under section 14, or article. 14 regulation

The European Parliament and of the Council (EU) no 524/2013 ".



Letters m) up to y) are known as the letters n through z)).



53. In section 24, paragraph. 7 letter from):



"from) one of the obligations to fulfil, pursuant to section 20s.".



54. In section 24, paragraph 7, the following paragraph 8 is added:



"(8) the seller has committed misconduct by communicated

without undue delay, or in the time limit set by supervisory authority

the manufacturer, importer or supplier of that product is based on the decision of the

downloaded from the market supervisory authority, or without delay does not provide a way to

the return of a dangerous product in its zaměnitelností with food, or about

return or readmission of the product downloaded from the market to proceed with

supervisory authority. ".



Paragraphs 8 to 13 shall become paragraphs 9 to 14.



55. In section 24 paragraph 10, insert a new paragraph 11, which read:



"(11) the seller specified in section 20b paragraph. 1 is guilty of misconduct

the fact that during the organized action, or before the expiry of seven days from the

the conclusion of the contract the consumer requests or accepts performance

corresponding to the purchase price of the offered product or service or its

part, or an advance on the payment of the price or any other fee. ".



Paragraphs 11 to 14 are renumbered as paragraphs 12 to 15.



56. In section 24, paragraph. 14 (a). and), the words "to (d)), l) to q), s), u), w),"

replaced by the words "e), m) s), u), w), y), z)".



57. In section 24, paragraph. 14 (a). (b)), the number "10" is replaced by "11 and 12".



58. In section 24, paragraph. 14 (a). (c)), the words "e), g), (h)),),),), t))"

replaced by the words "f), (h)), i), j), (l)) t)), x)".



59. In section 24, paragraph. 14 (a). (d)), the words "f), (j))" shall be replaced by "d), (g)),

k) "and the words" 8, 9 and 11 "shall be replaced by the words" 9, 10, and 13 ".



60. In section 24, paragraph. 14 (a). e), the words "7 (b). x) "shall be replaced by

"8".



61. the Above section 24b is inserted after the title:



"Provisions common to administrative deliktům".



62. in annex No 1 the introductory sentence, the word "Entrepreneur" is replaced by

"seller".



63. in annex No 1 (a). (e)), after the word "offers", the words "to the

purchase ".



64. in annex No. 1 of the letter g) is added:



"(g)) undertakes to provide after-sales service to consumers with whom before

conclusion of the contract language that is not acted upon the official language of the Member

the State where the seller is located, and then provides service only

in another language, without the consumer before conclusion of the contract clearly

said. "



65. in annex No 1 (a). (h)), the words "sold the product or

the service provided are vacation "shall be replaced by the words" sale of a product or

the service is permitted ".



66. in annex No. 1 letter j) is added:



"(j)) uses the editorial space in the media to the paid

promote your product or service, without the consumer could have the table of contents

the communication of the images or sounds clearly recognize that this is a

advertising ".



67. in annex No 1 (a). the word "), the product of", the words "or

the service "and the words" or does it push service "shall be deleted.



68. in annex No. 1 m) is added:



"m) creates, operates or promotes a pyramid program, when

the consumer will pay for the ability to get a reward that depends on getting the

other consumers in the programme, rather than on the sale or consumption of

product. ".



69. in annex No 1 (a). p) with the word "granted" is deleted.



70. in annex No 1 (a). q) with the word "push" is deleted.



71. in annex No 1 (a). with) the word "offer" shall be replaced by the words

"commercial practice" and the words "product or service, or their delivery"

shall be replaced by the words "or delivery".



72. in annex No 1 (a). t), the words "with a view to invoke" shall be replaced by the words

"throws".



73. in annex No 1 (a). in), the words "warranty and out of warranty" shall be replaced by

the word "aftermarket".



74. in annex No. 2 first sentence, the word "Entrepreneur" is replaced by

"seller".



75. In annex 2 (a). and the words "), where it is offered or sold

the product or service is provided "shall be deleted.



76. in annex No. 2 letter h) is added:



"h) creates a false impression that the consumer has won or will win, or

to win a prize or other prizes if you will act in a certain way,

Although in fact no prize or winnings does not exist

or to obtain the prize or other equivalent of winning the consumer must

paying money or incurring a cost. ".



Article. (II)



Transitional provisions




1. the seller shall be obliged to modify the terms and conditions under section

14 not later than 3 months from the date of entry into force of this Act.



2. the administrative proceedings initiated before the date of entry into force of this Act, and

the rights and obligations relating thereto shall be assessed according to the law No.

634/1992 Coll., as amended effective prior to the date of entry into force of this

the law.



3. In information databases containing information of consumers and, where appropriate,

other bodies on matters, which speaks volumes about their credit score and

the trust, if the processing of personal data

registered at the Office for personal data protection before the effect of this

the law, after the date of entry into force of this Act, to process data in

range specified by this law without their consent. The operator,

that such leads information database and intends to further process data

the consumer and, where appropriate, other bodies without their consent, is

required to customize edit the database of this Act relating to registers

within 6 months from the date of entry into force of this Act.



PART THE SECOND



Amendment of the Act on the Czech commercial inspection



Article. (III)



Act No. 64/1986 Coll., on Czech commercial inspection, as amended by Act No.

240/1992 Coll., Act No. 22/1997 Coll., Act No. 110/1997 Coll., Act No.

189/1999 Coll., Act No. 71/2000 Coll., Act No. 145/2000 Coll., Act No.

102/2001 Coll., Act No. 507/2001 Coll., Act No. 205/2002 Coll., Act No.

309/2002 Coll., Act No. 226/2003 Coll., Act No. 441/2003 Coll., Act No.

444/2005 Coll., the Act No. 229/2006 Coll., Act No. 160/2007 Coll., Act No.

36/2008 Coll., Act No. 281/2009 Coll., Act No. 490/2009 Coll., Act No.

145/2010 Coll., Act No. 155/2010 Coll., Act No. 219/2011 Coll., Act No.

458/2011 Coll., Act No. 18/2012 Coll., Act No. 407/2012 Coll., Act No.

308/2013 Coll., Act No. 64/2014 Coll. and Act No. 250/2014 Sb, is amended

as follows:



1. In article 1, paragraph 4 shall be inserted after paragraph 5, including notes

footnote No 7:



"(5) the Czech trade inspection is subject to extra-judicial solutions

consumer disputes ^ 7).



7) Act No. 634/1992 Coll. on consumer protection, as amended

regulations. ".



2. In article 2 (2). 1 the words "goods" shall be deleted.



3. In article 2 (2). 2 (a). and), the words "goods or" shall be deleted.



4. In section 2 (2). 2 (a). (b)), the word "goods" is replaced by "products".



5. footnote No. 1 d:



"1-d) Law No. 123/2000 Coll., on medical devices and on the change

some related laws, as amended.



Regulation of the Government No. 336/2004 Coll., laying down technical requirements

on medical devices and amending Government Decree No. 251/2003

Coll., amending certain regulations issued by the Government for the implementation of Act No.

22/1997 Coll., on technical requirements for products and amending and supplementing

certain acts, as amended.



Regulation of the Government No. 154/2004 Coll., laying down technical requirements

on active implantable medical devices and amending

Regulation of the Government No. 251/2003 Coll., amending certain regulations of the Government of

issued for the implementation of law No. 22/1997 Coll., on technical requirements for

products and amending and supplementing certain acts, as amended

regulations.



Decree-Law No 453/2004 Coll., laying down technical requirements

on in vitro diagnostic medical devices, as amended

regulations. ".



6. footnote No 1 is added:



"1 h) sections 5 and 5a of the Act No. 634/1992 Coll., as amended.".



7. In section 3 (b). e), the words "or" shall be deleted.



8. in section 4, the following new Section 4a is inserted:



' Section 4a



The Inspector is entitled to take control in the implementation of sound,

image and sound-image records without the knowledge of the controlled persons,

If the purpose of the control cannot be achieved otherwise. The right of individuals to

protection of their private and personal life this does not prejudice. ".



9. In section 7 (2). 1 (a). and the words) "or" shall be deleted.



10. In section 7 (2). 2 the words "the goods" shall be replaced by the words "these products",

the word "objectionable" are replaced by the words "harmful products" and the words

"znehodnoceného" is replaced by "products" which have deteriorated.



11. In section 7b, paragraph. 1 the words "proof of findings deals, sales

or storage of products or goods "shall be replaced by the words" in the case of

a reasonable suspicion that they are offered, sold or stored

products "and the word" or "shall be deleted.



12. In section 7b, paragraph. 2 to 11 and 13, the words "or" shall be deleted.



13. Footnote. 3f:



"3f) Act No. 634/1992 Coll. on consumer protection, as amended

regulations.



The Act No. 191/1999 Coll., on measures relating to the import, export and

the re-export of goods infringing certain intellectual property rights

and amending certain other acts, as amended. ".



14. the footnote No 3:



for example, "3 h) Act No. 108/2006 Coll., on social services, as amended by

amended, law No 109/2002 Coll., on the exercise of the constitutional education

or protective education in school facilities and on the educational

care in school facilities and on the amendment of other acts, as amended by

amended, law no 372/2011 Coll. on health services and

the conditions of their provision (law on health services), as amended by

amended. ".



15. footnote No 3i:



"3i) Law No 89/2012 Coll., of the civil code.".



16. Footnote. 3j:



"3j) § 1746, paragraph. 2 of the civil code. ".



17. Footnote. 3 k:



"3 k), for example, Act No. 563/1991 Coll., on accounting, as amended,

legislation, law No. 280/2009 Coll., tax regulations, as amended

regulations. ".



18. In section 9 (2). 1 (a). (b)), the words "goods or" shall be deleted.



19. In section 13 (3). 1 (a). (b)), the words "with civil associations"

replaced by the words "associations".



Footnote 4:



"4) § 214 et seq.. of the civil code. ".



20. In section 13 (3). 5, the word "goods" is replaced by "products" and on the

the end of the sentence "shall be added to the assessment of the product for release of this

the opinion of the Czech trade inspection is authorised to take over from the customs

authorities the necessary samples of products for which there has been a suspension

release for free circulation. ".



21. under section 13 shall be added to § 13a is inserted:



"§ 13a



(1) the Czech trade inspection employs to carry out tasks in accordance with this Act,

data



and of the registry of the population),



(b)) of the information system of the population register,



(c)) from the information system.



(2) Used the data referred to in paragraph 1 (b). and) are



and, where applicable, names) the name, surname,



(b) the date of birth),



(c)) date of death,



(d) the address of the place of stay).



(3) the development of the information referred to in paragraph 1 (b). (b))



and, where applicable, names) the name, surname,



(b) the social security number),



(c)) date of death,



(d) the address of the place of residence),



(e)) the beginning of permanent residence or cancellation date data on the place of

permanent residence or the date of their permanent residence on the territory of the Czech

of the Republic.



(4) the development of the information referred to in paragraph 1 (b). (c))



and, where applicable, names) the name, surname,



(b) the social security number),



(c)) kind of place of residence and address,



(d)) the beginning of the stay, where appropriate, the date of their stay,



(e)) of the date of death.



(5) the information referred to in paragraphs 2 to 4, in a specific case, you can always use the

only such data as are necessary to accomplish a given task.



(6) data that are kept as reference in the principal registry

of the population, make use of the information system of the population register or

information system to foreigners only if they are in the shape of the previous

present status. ".



22. In section 15, the word "goods" is replaced by "products".



23. section 17 to 19, including a footnote No 6 shall be deleted.



PART THE THIRD



The amendment to the law on the financial arbitrator



Article. (IV)



Law no 229/2002 Coll. on the financial arbiter, as amended by Act No.

558/2004 Coll., Act No. 57/2006 Coll., Act No. 264/2006 Coll., Act No.

281/2009 Coll., Act No. 285/2009 Coll., Act No. 180/2011 Coll., Act No.

241/2013 Coll., Act No. 278/2013 Coll. and Act No. 336/2014 Sb, is amended

as follows:



1. In article 1, paragraph 1 reads:



"(1) to decide a dispute falling within the jurisdiction of Czech courts otherwise

It is also the financial arbiter (hereinafter referred to as the "arbiter"), if this is about

the dispute between the consumer and the



and when the payment service provider) the provision of payment services,



(b)), the Publisher of electronic money in issue and reverse exchange

electronic money,



(c) the lender or intermediary) in offering, providing, or

mediation of consumer credit or other loan, lease, or

similar financial services,



(d) the person administering or implementing) the administration of the Fund

collective investment schemes or offering investment fund

for collective investment or comparable foreign investment

When the management of the Fund or the implementation of the administration of the Fund

collective investment schemes or offering collective investment in the Fund

investment or a comparable foreign investment fund,



(e) the insurer or the insurance agent) when bidding,

the provision or mediation of life insurance,



(f) a person engaged in the activities of the foreign exchange cash) in the implementation of směnárenského

trade,



g) building society or by the provider at the offering,

the provision or mediation of building savings,



h) dealer in securities, tied agent, maturity

Investment Fund or to a foreign investment fund or

investment in the provision of investment services or

in the performance of the activities referred to in section 11 (1). 1 (a). c) to (f)) of the law on

investment companies and investment funds. "



2. In section 3, paragraph 3. 1 at the end of the text of subparagraph (c)), the words "or

another loan, lease, or similar financial services ".



3. In section 3, paragraph 3. 1 (a). (e)), the word "undertaking" shall be replaced by

"insurer".



4. In section 3, paragraph 3. 1 (f)):



"(f) the person carrying out the activity of foreign exchange cash),".



5. In section 3, paragraph 3. 1, the following points (g) and (h))) are added:



"(g)) building society and the provider when bidding, providing


or building savings, mediation



h) a securities dealer, bound representative, obhospodařovatel

Investment Fund or to a foreign investment fund or the investment

provider in the provision of investment services or in the performance of

activities according to section 11 (1). 1 (a). c) to (f)) of the law on investment

companies and investment funds. "



6. In section 3, paragraph 3. 2, the words "for the purposes of this Act, means the user

payment services in the event of disputes referred to in § 1 (1). 1 (a). and)

the holder of the electronic money in the event of disputes referred to in § 1 (1). 1

(a). (b)), the consumer in the event of disputes referred to in § 1 (1). 1 (a). (c))

and (d)), those interested in the insurance, the policyholder, insured person, beneficiary or

obmyšlený in the case of disputes referred to in § 1 (1). 1 (a). (e)), those interested in the

implementation of the směnárenského the business or person has been executed

currency exchange business in the event of disputes referred to in § 1 (1). 1 (a). (f)) "

replaced by the words "for the purposes of this Act, may only be a consumer".



7. In section 3, paragraph 3:



"(3) a permanent data carrier for the purposes of this Act, means any

a tool that allows the user to store information intended for him

personally, so that they can be used for the appropriate purpose of these

of the information and which allows the unchanged reproduction of the information in the

form. ".



8. In section 4, paragraph 4. 2 the words "fully eligible for legal capacity" are replaced by

the words "fully an" and the words "sufficient qualifications and

the experience of "shall be replaced by the words" and whose experience give the assurance that the

They duly serve. ".



9. In section 4, at the end of paragraph 2 the following sentence "a prerequisite for

the appointment of arbiter and arbitrator is also representative of the higher education

obtained proper termination of studies master's degree program in

the field of law at a University in the Czech Republic and 5 years of experience

in the area of financial market or the protection of the interests of consumers on the financial

the market ".



10. In section 8 (2). 2, after the word "limitation", the words "and the lapse".



11. In section 9 (a). (b)), the words "of the proceedings on the merits before the Court was

opened "shall be replaced by" in the same case is ongoing proceedings before the Court ".



12. In section 9 (c)):



"(c)) has already decided on the merits of the arbiter or the proceedings in the same case

before the arbiter ".



13. In section 9 (a). (d)), the words "on the merits of arbitration was

opened "shall be replaced by" in the same case is ongoing arbitration ".



14. In section 10, paragraph 2 shall be deleted.



Paragraphs 3 and 4 shall become paragraphs 2 and 3.



15. In section 12, paragraph. 9, the first sentence, the word "institutions" shall be replaced by the words

"natural and legal persons", and in the third sentence, the word "institution"

replaced by the words "natural or legal person".



16. under section 12 of the following new section 12a is inserted:



"§ 12a



(1) the Arbiter uses to perform tasks under this Act information



and of the registry of the population),



(b)) of the information system of the population register,



(c)) from the information system.



(2) Used the data referred to in paragraph 1 (b). and) are



and, where applicable, names) the name, surname,



(b) the date of birth),



(c)) date of death,



(d) the address of the place of stay).



(3) the development of the information referred to in paragraph 1 (b). (b))



and, where applicable, names) the name, surname,



(b) the social security number),



(c)) date of death,



(d) the address of the place of residence),



(e)) the beginning of permanent residence or cancellation date data on the place of

permanent residence or the date of their permanent residence on the territory of the Czech

of the Republic.



(4) the development of the information referred to in paragraph 1 (b). (c))



and, where applicable, names) the name, surname,



(b) the social security number),



(c)) kind of place of residence and address,



(d)) the beginning of the stay, where appropriate, the date of their stay,



(e)) of the date of death.



(5) the information referred to in paragraphs 2 to 4, in a specific case, you can always use the

only such data as are necessary to accomplish a given task.



(6) data that are kept as reference in the principal registry

of the population, make use of the information system of the population register or

information system to foreigners only if they are in the shape of the previous

present status. ".



17. In section 14 (a). (c)) shall be replaced by a comma and dot the following point (d)),

added:



"(d)), the proposal is clearly unreasonable or šikanózní.".



18. In article 14, the present text shall become paragraph 1 and the following

paragraph 2, which reads as follows:



"(2) the Arbitrator may proceedings within 60 days of its launch, if

would dispute his legal or factual complexity seriously jeopardise the

the purpose of the proceedings before the arbiter. ".



19. In section 15 paragraph 1 reads:



"(1) the Arbitrator shall decide the merits of the findings without undue delay,

but within 90 days from the Assembly of all the documents necessary for

the decision; If in particularly complex cases, due to the nature of the

even in this case the time limit, the time limit shall be extended accordingly, not more than

for a further 90 days. The arbiter shall promptly notify the parties of the

the extension and its duration. "



20. In section 16. 1 the first sentence, after the words "a copy of the award"

the words "or of the resolution", the word "parties" shall be replaced by the words "participants

the management of "and the words" against the award "shall be inserted the words" or of the resolution ".



21. In section 16. 2 the first sentence, after the word "changes", the words ",

or resolution shall confirm, amend or revoke it. ".



22. In section 20 (2). 1, after the word "bodies", the words "an out-of-court

settlement of consumer disputes ", the words" the Member "

shall be replaced by the word "other", and the words "of the European Union and in other"

replaced by the words "in particular".



23. In section 20, the following paragraph 3 is added:



"(3) in the case of disputes arising from cross-border bidding, providing

or mediation services of similar services as defined in § 1 (1). 1

This law, which is the arbiter, the arbiter shall provide

at the request of the consumer information on the authority, which is to address the

the dispute in question. ".



24. In § 21. 1, after the word "way", the words "permit

remote access ".



25. In article 21, paragraph 1, the following new paragraphs 2 and 3 shall be added:



"(2) the annual report shall contain, in particular,



and the number of proceedings), including the distinction of individual species

disputes,



(b)) of any system or serious problems that lead to disputes, to

whose solution is the arbiter of appropriate,



(c)) the percentage of management, which was the arbiter is stopped, including

the legal provisions on the basis of which to stop the proceeding,



(d) the average length of proceedings),



(e) information on the cooperation of the arbitrator) with similar bodies an out-of-court

settlement of consumer disputes in other States.



(3) the Arbitrator shall, on the request of an annual report on durable medium. ".



Paragraphs 2 to 4 shall be renumbered as paragraphs 4 to 6.



26. In article 21, the following paragraph 7 to 10 are added:



"(7) the Arbiter operates updated website, on which

provides clear and understandable information, in particular on the



and your contact information), including postal and e-mail addresses,



(b)), that is as the authority of the out-of-court settlement of consumer disputes

in the list maintained by the Ministry of industry and trade,



c) arbitrator and his representatives and about how their appointment and the length of the

their mandate,



(d) an arbitrator in international membership) organizations associating authorities

out-of-court settlement of consumer disputes,



e) kinds of disputes, which is the arbiter of the jurisdiction,



(f)) the procedural rules governing the dispute governed by,



(g)) the languages in which the arbitrator may be submitted a proposal to start

management and in which the proceedings are conducted,



h) legislation governing the subjects of dispute, to which the solution

is the arbiter of appropriate,



I) preliminary requirements that the parties before the start of the proceedings

meet, including the requirement on presentation of proof that the institution

has been unsuccessfully invited to correct,



j) whether participating in the proceedings may terminate their participation in the proceedings before the

arbiter



k) that each party bears its own costs of the proceedings, with the exception of

the cost of interpretation, and that the procedure is not charged,



l) the average duration of proceedings before the arbiter



m) legal effect of the resolution or the award and the enforceability of the award.



(8) On request, the arbiter of the information referred to in paragraph 7 to the Permanent

data medium.



(9) the Arbiter shall publish on its website in the form of a reference to

the Internet site of the European Commission a list of related entities

out-of-court settlement of consumer disputes.



(10) the Arbiter in an appropriate manner, inform the parties of the right to

legal assistance and that no obligation legal representation. ".



27. section 23, including the title:



"§ 23



Riot fine



(1) the Arbitrator may, by decision, impose fined up to 100 000

CZK in the management of the institution, if it makes the procedure by



and the challenge by) section 11 does not respond within the prescribed period to the submitted

the proposal, or



(b)) fails to comply with the obligations laid down in section 12, paragraph. 6, 7 and 9.



(2) the Arbitrator may, by decision, impose fined up to 50 000

CZK natural or legal person, if in the proceedings makes it difficult for the procedure

by



and the challenge of arbitrator fails) or authorized person required documents

relating to the subject matter of the dispute,



(b)) shall not participate in the negotiations,



(c) fails to comply with the request of the arbitrator, or) of the authorized person for the provision of explanations

and the request for the submission of documentation relating to the subject matter of the dispute, or



(d)) will not allow the arbitrator or authorized person to look into their files and

electronic records relating to the subject matter of the dispute.



(3) fined pursuant to paragraph 1 and in paragraph 2 can be saved

repeatedly.



(4) against a decision imposing a fine, the objection may be made order to 15

days from the date of notification of the decision. In time, filed an objection to the suspensory

effect. For the opposition to section 16 shall apply mutatis mutandis. ";"



28. In section 24, the word "reasonably" be deleted.



Article. In



Transitional provisions



1. the proceedings initiated before the date of entry into force of this law shall be completed

According to the Act No. 229/2002 Coll., as amended, effective from the date of entry into force of

of this law.



2. the proceedings in the case of a dispute between the payment service provider and the

the payment service user in the provision of payment services

initiated before the date of entry into force of this Act, in which the


a person other than the applicant, the consumer shall be completed according to the law No.

229/2002 Coll., as amended effective prior to the date of entry into force of this

the law.



PART THE FOURTH



Amendment of the Act on electronic communications



Article. (VI)



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., Act No.

303/2013 Coll., Act No. 181/2014 Coll., Act No. 234/2014 Coll., Act No.

250/2014 Coll. and Act No. 258/2014 Sb, is hereby amended as follows:



1. In section 63, paragraph. 1 (a). l), the words "outside the Court or administrative proceedings"

shall be deleted.



2. In section 110 is at the end of the text of paragraph 1, the words "and the annual

report on the extra-judicial settlement of consumer disputes under another

^ Law 65) ".



Footnote No. 65:



"section 20, paragraph 65). 4 of Act No. 634/1992 Coll. on consumer protection, in

amended. ".



3. In article 129, paragraph. 1 the word "commitment" ^ 49a) "shall be replaced by

' dluhu49a) ".



Footnote No. 49a is inserted:



"49a) Law No 89/2012 Coll., of the civil code.".



4. In section 129 is added at the end of paragraph 1, the phrase "the time limit for the issue of

the decision in the proceedings instituted on the proposal for a consumer is 90 days. This

the time limit may be extended for a particularly complex disputes. The parties must be

without undue delay be informed of the extension of this period and of the total

time to when you can expect the release of the decision. ".



5. In article 129, paragraph. 2 of the introductory part of the provisions, the word "Proposal" shall be

the words "persons performing communication activity.".



6. In article 129, paragraph. 3, the last sentence shall be deleted.



7. In section 129 at the end of paragraph 4, the following sentence "the authority shall grant compensation

the costs in full to the party to the proceedings in the case that was

for the behavior of the other party to the proceedings taken back the proposal, which was

a participant in the proceedings filed. ".



8. In article 129, the following paragraph 7, including the footnote.

66:



"(7) in the notice of initiation of a dispute referred to in paragraph 1

zahajovaného on the proposal for a consumer, the Office shall inform the parties to the dispute in an appropriate

the way of the right to legal assistance and that do not have a legal obligation to

representation. The filing of the consumer proposal agrees with the legal effects of the

the outcome of the dispute in the scope of the information published or the

provided by the Office pursuant to other legislation ^ 66).



66) § 20f (a). l) Act No. 634/1992 Coll., as amended

regulations. ".



PART THE FIFTH



Amendment of the Act on postal services



Article. (VII)



Act No. 29/2000 Coll. on postal services and on amendments to certain laws

(the law on postal services), as amended by law No. 517/2002 Coll., Act

No 225/2003 Coll., Act No. 501/2004 Coll., Act No. 95/2005 Coll., Act

No 413/2005 Coll., Act No. 444/2005 Coll., Act No. 264/2006 Coll., Act

No 110/2007 Coll., Act No. 41/2009 Coll., Act No. 281/2009 Coll., Act

No 285/2009 Coll., Act No. 153/2010 Coll., Act No. 329/2011 Coll., Act

No 89/2012 Coll., Act No. 221/2012 Coll., Act No. 212/2013 Coll., Act

No 258/2014 Coll. and Act No. 319/2015 Coll., is hereby amended as follows:



1. In section 6 (1). 2 at the end of the letter o) shall be replaced by a comma and dot

the following point p) is added:



"p) information on how to resolve disputes relating to the subject of the postal

Treaty. ".



2. In section 6a, the following shall be added at the end of paragraph 2, the phrase "the time limit for the issue of

the decision is 90 days. This period may be particularly complex disputes

extended. The parties must be informed without undue delay on the

extension of this period and the total time to when you can expect the release of

decision. ".



3. In section 6a, the following paragraph 4, including the footnote No. 26

added:



"(4) in the notice of initiation of a dispute referred to in paragraph 1

zahajovaného on the proposal for a consumer, the Office shall inform the parties to the dispute in an appropriate

the way of the right to legal assistance and that do not have a legal obligation to

representation. The filing of the consumer proposal agrees with the legal effects of the

the outcome of the dispute in the scope of the information published or the

provided by the Office pursuant to other legislation ^ 26).



26) section 20f (a). l) Act No. 634/1992 Coll. on consumer protection, in

amended. ".



4. In § 37a paragraph. 2 (a). about), the word "or" is deleted.



5. § 37a paragraph. 2 at the end of the letter p) dot is replaced by ",

or "and added the letter q):



"q) in contravention of section 6 (1). 2 not all mail conditions

the required information or shall be unintelligible, incomplete or

difficult to accessible way. ".



6. § 37a paragraph. 4 (c)):



"(c)) 1 0000 0000 CZK in the case of an administrative offence referred to in paragraph 1 (b). (d)),

or pursuant to paragraph 2 (a). (b)), (e)),),), m), (n)), or q), or according to the

paragraph 3 (b). (b)), or ".



PART SIX



Amendment of the Act on tax advice



Article. (VIII)



Act No. 523/1992 Coll., on income tax advice and the Chamber of tax consultants

The Czech Republic, as amended by law No. 170/2004 Coll., Act No. 284/2004

Coll., Act No. 70/2006 Coll., Act No. 309/2006 Coll., Act No. 124/2008

Coll., Act No. 189/2008 Coll., Act No. 254/2008 Coll., Act No. 223/2009

Coll., Act No. 227/2009 Coll., Act No. 281/2009 Coll., Act No. 52/2012

Coll. and Act No. 168/2012 Coll., is hereby amended as follows:



1. In section 12, paragraph. 1 the words "under this Act or the Act on certain

measures against the legalization of proceeds from crime and the financing of

terrorism "shall be replaced by the words" under this Act, the Act on certain

measures against the legalization of proceeds from crime and the financing of

terrorism or other law governing the rights and obligations of the tax

Adviser in providing tax advice ".



2. In section 13 (3). 1 the words "three months" shall be replaced by the words "six

months ".



PART SEVEN



The EFFECTIVENESS of the



Article. (IX)



This Act shall take effect on the date of its publication, with the exception of the provisions of the article.

I, points 28, 37, 53, 54, article. II. 1, article. (III) point 1, article. (IV), article. In,

article. (VI) and article. (VII) which shall take effect on the first day of the second

calendar month following the date of its publication.



In r. hamáček.



Zeman in r.



Sobotka in r.