He Electronic Acts And Authorized Document Conversion

Original Language Title: On Electronic Acts And Authorized Document Conversion

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=67315&nr=300~2F2008~20Sb.&ft=txt

300/2008 Sb.



LAW



of 17 December. July 2008



about electronic acts and authorized document conversion



Change: 190/2009 Sb.



Change: 219/2009 Sb.



Change: 190/2009 Coll. (part)



Change: 227/2009 Sb.



Change: 263/2011 Sb.



Change: 167/2012 Sb.



Change: 503/2012 Sb.



Parliament has passed the following Act of the Czech Republic:



§ 1



The subject of the edit



(1) This Act regulates the



and electronic acts of the State bodies), the authorities of the local government

units, State funds, health insurance companies, the Czech Radio, Czech

television, Chambers set up by the law, notaries and judicial

the executors (hereinafter referred to as "public authority") against natural persons and

legal persons, electronic acts of natural persons and legal persons

against the public authorities and electronic acts between public authorities

each other via data boxes,



(b)), document delivery, entrepreneurial natural persons natural persons and

legal persons by means of data boxes,



(c)), information system, data boxes,



d) authorized conversion of documents ^ 1) (hereinafter referred to as "conversion").



(2) this Act does not apply to documents that contain classified

information ^ 2).



§ 2



Data box



(1) the data box is an electronic repository, which is intended to



and delivery of public authorities),



(b) the implementation of the operations against) to the public authorities,



(c)), document delivery, entrepreneurial natural persons natural persons and

legal persons.



(2) the data box is established and administered by the Ministry of the Interior (hereinafter referred to as

"the Ministry").



§ 3



Data box of the natural person



(1) a natural person shall establish a Data deposit box free of charge on the Department of

the request of the natural person who is fully eligible to legal capacity, within 3

working days from the date of submission of the application.



(2) a natural person has the right to the establishment of one physical data mailbox

of the person.



(3) the particulars of the request for the establishment of the data boxes are natural persons



and, where applicable, names) the name, surnames, their possible amendments,



(b)), maiden name



(c)) the day, month and year of birth,



d) place and district of birth; If the natural person born abroad,

place of birth and the State on whose territory was born,



e) citizenship, if a natural person is not a citizen of the Czech

of the Republic.



(4) the request for the establishment of a data box of the natural person must contain

officially certified signature of the natural person.



(5) if it satisfies the request for the establishment of a physical person data box requirements

laid down in paragraphs 3 and 4, the Ministry will establish a data mailbox

a natural person, or a natural person after previous futile call for

the removal of shortcomings of the application shall inform that data mailbox

natural persons cannot be set up. If the data is already a natural person services set up

the mailbox of a natural person, or if it is not fully eligible to legal capacity,

the Ministry informed her that the mailbox data of a natural person cannot be

to set up.



§ 4



Data box entrepreneurial natural persons



(1) data mailbox entrepreneurial natural persons establish a Ministry of

free of charge, at the request of that person within 3 working days from the date of submission of the

request.



(2) the Entrepreneurial natural person has the right to the establishment of a single mailbox

entrepreneurial natural persons.



(3) data mailbox entrepreneurial natural persons establish a Ministry of

free of charge, lawyers, tax consultants and insolvency administrators

without delay after receiving information about their entry into the law

set out the evidence. The provisions of paragraph 2 shall apply to the advocates-general,

the tax adviser and insolvency administrator.



(4) the requirements for an application for the establishment of entrepreneurial natural data mailbox

persons are



and, where applicable, names) the name, first and last name, or business name,



(b)), maiden name



(c)) the day, month and year of birth,



d) place and district of birth; If the entrepreneurial natural person was born

abroad, place of birth and the State on whose territory was born,



e) citizenship, if not entrepreneurial natural person a citizen of

The Czech Republic,



(f) the identification number of the person) if it has been assigned,



g) place of business or registered office.



(5) the request for the establishment of the data boxes entrepreneurial natural persons must

include the certified signature of entrepreneurial natural persons.



(6) if it satisfies the request for the establishment of the data boxes entrepreneurial natural

person requirements set out in paragraphs 4 and 5, shall establish a Ministry of

data mailbox entrepreneurial natural persons, otherwise operating the physical

person after previous futile call for elimination of the deficiencies of the application shall inform the

that data mailbox entrepreneurial natural persons cannot be set up.

If the business has a physical person services set up data mailbox

entrepreneurial natural persons, it shall inform the Ministry that the data

entrepreneurial natural persons mailbox cannot be set up.



§ 5



Data box of the legal person



(1) a legal person shall establish a Data deposit box Ministry of free of charge

legal person established by law, a legal person registered in the commercial

the register and the organizational folder holding the foreign legal person

registered in the commercial register, and in the case of a legal person established

the law immediately after its inception, in the case of a legal person registered

in the commercial register and the organizational folder holding the foreign legal

a person registered in the commercial register promptly after receiving

information about its registration in the commercial register.



(2) a legal person, that is not listed in paragraph 1, shall establish

the Ministry data mailbox legal persons free of charge on request this

the person within 3 working days from the date of submission of the application.



(3) a legal person shall be entitled to set up one mailbox as legal

of the person.



(4) the requirements for an application for the establishment of the Clipboard data of the legal person are



and) the name or business name,



(b) the identification number of the person) and not if allocated, the registration number,

registration number or other similar information, if assigned,



(c) the address of the registered office),



(d) the name, if applicable) name, surname, date of birth and address of residence

the person authorized to act on behalf of the legal person,



(e) the State of registration or the registration) of a legal person.



(5) the request for the establishment of the data boxes of legal persons must include the

officially certified signature of the person authorized to act on behalf of the legal person.



(6) if it satisfies the request for the establishment of the data boxes of legal persons

the requirements set out in paragraphs 4 and 5, shall establish a Ministry of data

the mailbox of a legal person, or the legal person after previous futile

the call for the Elimination of deficiencies of the application shall inform the data

the mailbox of a legal person cannot be set up. If the legal person has already

data mailbox services set up a legal person, it shall inform the Department that

data mailbox cannot establish legal persons.



Section 5a



If the natural or legal person with responsibility in the field of public

the Administration, at the request of her Ministry will make its data box

also the function of the data boxes filled in accordance with section 6. In the application referred to in the sentence

the first natural or legal person shall certify that the scope of the exercises in the

the field of public administration. If so requested by the natural or legal person

According to the first sentence or disposed of if the natural or legal person

competence in the field of public administration, the Ministry also does not allow to

the data box is also fulfilled the function of the Clipboard data according to § 6. About

the fact that the termination is in the area of public administration, natural

or legal person referred to in the first sentence shall promptly inform the

the Ministry. The Ministry will establish a legal person referred to in the first sentence

on request, free of charge, additional data of the legal person mailbox filling

also the function of the Clipboard data according to § 6. The provisions of section 6 (1). 2 to 4,

shall apply mutatis mutandis.



§ 6



Data box of the public authority



(1) data mailbox public authority shall establish the Ministry free of charge

a public authority, and it immediately after its creation, and in the case of notaries

and of bailiffs immediately after receiving information on their

entry in the register prescribed by law.



(2) additional data box of the public authority shall establish a Ministry of authority

public power, free of charge, on request of that authority within 3 working days from the

the date of filing of the application. Data box shall be established in accordance with the first sentence, in particular,

to the need for internal organizational units of the public authority, or

the performance of a specific agenda or the activities of a public authority.



(3) the particulars of the request for the establishment of other public authority data mailbox

power are



and the name of a public authority) and an internal organizational unit name

a public authority, for which the need for the data box is established, or

the name of the agenda or the activities of a public authority, for which the need is

data box is established,



(b) the identification number of the operator), if allocated, the



(c) the address of the registered office),



(d) the name, if applicable) name, surname, date of birth and address of residence

the person to be sent to access data.



(4) if the request complies with the establishment of other public authority data mailbox

power requirements laid down in paragraph 3, shall establish a Ministry for more data

the mailbox and the public authority shall send the access data to this data

mailbox to a person referred to in paragraph 3 (b). (d)) into their own hands, otherwise
public authority after previous futile call for elimination of the deficiencies

the application shall inform the next public authority data mailbox

cannot be set up.



(5) a public authority shall be set up only the data box of the public

to be able to.



section 7 of the



Specific provisions on data elements of territorial self-governing authorities

units



(1) the authorities of the territorial self-governing unit establishes one data

the mailbox of the public authority, has requested a territorial self-governing unit

the establishment of the additional data the Clipboard of the public authority.



(2) the authorities of the City section of the capital city of Prague is established one

data box of the public authority, the request to the city part of the main

the city of Prague on the establishment of additional data box of the public authority. For

authorities of the urban part of the borough or chartered

the city establishes a data box of the public

to be able to, if has broken down territorial statutory city on the establishment of additional

data mailboxes of the public authority.



(3) for the purposes of this Act, the head of the public authority

considers that the Governor of the region, the Mayor of Prague, the Mayor of the municipality,

the Mayor of the District of the capital city of Prague and the Mayor of the city of

or a Chartered Borough of the city.



§ 8



Persons entitled to access the data boxes



(1) to access clipboard data of a natural person is entitled to physical

person for whom the data box was established.



(2) to access the data boxes entrepreneurial natural persons is

entitled entrepreneurial natural person, for which the data box

set up.



(3) to access clipboard data of the legal person shall be entitled to

the statutory body of a legal person, a member of the statutory body of legal

a person or business enterprise managers the foreign legal

a person registered in the commercial register, for which a data box

set up.



(4) to access the mailbox from a public authority is entitled to

the head of the public body for which the data box was established.



(5) unless otherwise specified, only the persons referred to in paragraphs 1 to

4 are entitled to do the acts referred to in section 11 (1). 4 and 6. The scope of the

the access of persons referred to in paragraphs 1 to 4 to the data box includes

even access to documents intended for the addressee.



(6) to access the Clipboard data is further entitled to the designated person,

that is the



and data boxes) for natural persons and data boxes business

natural person natural person responsible for the person to whom the data has been

the mailbox was established and to the extent provided for her,



(b)) in the Clipboard data of the legal person natural person responsible for the statutory

the legal person or authority to the head of the business enterprise

foreign legal person registered in the commercial register, for which the

data box is established, and to the extent laid down by them,



(c)) on the Clipboard data public authority means a natural person designated by the head of the

public authority for which it has data box is established, and in

the scope specified by him.



(7) the persons referred to in paragraphs 1 to 4 may specify that the acts which are

reserved to them under this Act in relation to the authorised persons and to

the Ministry may be a natural person designated (hereinafter referred to as

"the administrator").



(8) a person is entitled to access to the documents specified in the

only the addressee, if so the person referred to in

paragraphs 1 to 4, or administrator.



(9) persons entitled to access the data boxes are required to



and data mailbox) use in a way that does not endanger the safety of the

information system data



(b) inform the Ministry immediately) that there is a risk of abuse

the data on the Clipboard; It shall also inform the person who determined the

an authorised person.



§ 9



Access data



(1) a person entitled to access to the data to the Clipboard, it logs

through access to the data.



(2) a person entitled to access to the data box is required to treat

access data so as to prevent their misuse.



(3) sign-in under paragraph 1 ensures the Ministry through the

It issued the access data or electronic means,

through electronically readable identification documents ^ 10)

or through the electronic resources of third parties.

The formalities of access data and electronic means to log on

the Ministry shall set by Decree. The provisions of the access to data

apply mutatis mutandis to electronic resources and electronically readable

identification documents in accordance with the first sentence.



(4) the Ministry shall determine by Decree the technical conditions and safety

the principle of access to the data on the Clipboard.



§ 10



Make a data access the Clipboard



(1) the Ministry shall forward into their own hands the access data to the data

mailbox person referred to in section 8 (2). 1 to 4, immediately after the establishment of the

the data on the Clipboard.



(2) the data box is made available the first time by the persons referred to in

§ 8 paragraph. 1 to 4, but not later than the 15th day after the date of delivery of the

access data of these persons.



(3) at the request of the person referred to in section 8 (2). 1 to 4 or the administrator

the Ministry will send the access data to the person responsible for the data in the Clipboard

your own hands.



§ 11



Disable Clipboard data



(1) the Ministry of making individuals and data mailbox

entrepreneurial natural persons, and, where appropriate, retroactive to the date of



and the death of the person), for which the data box is established, the



(b)) referred to in the decision of the Court on the declarations for the dead as the day of the death

This person,



(c)) acquisition of legal decision on the deprivation or restriction of eligibility

This person's legal capacity,



(d)), when it was the person limited to personal liberty by reason of taking into

custody, imprisonment, detention, security performance

the protective treatment or the protection of the health of the people.



(2) the Ministry of making entrepreneurial natural data mailbox

persons and legal persons, and, where appropriate, retroactive to the date of its deletion

of the statutory registration.



(3) the Ministry of making data deposit box of a legal person established

the law and data mailbox public authority on the date of the cancellation, and

If the notary or bailiff, on the date of demise of the feature, and it

possibly even retroactively.



(4) the Ministry of making data deposit box of a natural person,

entrepreneurial natural persons, legal persons or public authority

also, at the request of the person or public authority to whom the data has been

box set up, or the administrator, if the data deposit box,

the Ministry shall on request.



(5) the data box is disabled, no later than the third working day

following the date of submission of the application referred to in paragraph 4.



(6) Znepřístupněnou data mailbox by natural persons, the entrepreneurial natural

person, a legal person or a public authority, the Ministry shall make available

at the request of the person or public body to which the data box

established, or the administrator within 3 working days from submission of the application.

If the data box at the request of the disabled twice for the last

year, it can be made available as soon as possible the expiry of 1 year from the last

Disable.



§ 12



Revocation of access data



(1) the Ministry blocks access data of a person authorized to access

in the data box, immediately after its announcement, in particular, for loss of or

stolen access data, and at the same time send this person to own

the hands of the new access data.



(2) the Ministry blocks access data entrusted to the person in the case of

any cancellation of designation under section 8 (2). 6 immediately after notification of the persons referred to

in section 8 (2). 1 to 4 or the administrator and inform the

an authorised person whose data zneplatnilo, and the person of the revocation of the

asked.



(3) the Ministry blocks access data, the organ

the legal person or the member ceases to be a statutory body

a legal person or a member of the head of the firm's organizational folder

foreign legal person registered in the commercial register, if

be the head of the organizational folder holding the foreign legal person

registered in the commercial register, and the head of the public authority,

ceases to be the head of the public authority, immediately after notification

This new statutory body of the legal person or of his

a member of the new head of the organization holding the foreign legal folder

a person registered in the commercial register, the new head of the public authority

or by the administrator. At the same time, the Ministry will send the new

the authority of a legal entity or its Member, the new head of the Organization

the folder holding the foreign legal person registered in the commercial

the index, the new head of the public authority the new access data

into their own hands.



(4) If a person entitled to access to the data sent to the Clipboard

access the information referred to in paragraph 1 again during 3 years (hereinafter referred to as

"the release of access data") the Ministry selects the administrative

the fee provided for by another regulation ^ 3).



section 13



Cancellation of the data boxes
Ministry cancels



and data mailbox) of the natural person after the expiration of 3 years from the date of death

a natural person, or the date on which the decision of the Court on the declarations

for the dead mentioned as the day of death,



(b)) data mailbox entrepreneurial natural persons after a period of 3 years from the date of

deletion of entrepreneurial natural persons of the law provided for the registration,



(c)) data mailbox legal person after the expiration of 3 years from the date of demise

legal persons or organisational units undertaking the foreign legal

a person registered in the commercial register, which do not have the legal successor,

where appropriate, the date of their deletion from the register prescribed by law,



d) data mailbox public authority after a period of 3 years from the day after

its cancellation.



§ 14



Information system data



(1) the information system data is the information system of the public

Administration ^ 4), which contains information about the data elements and their

users.



(2) the administrator of the information system data is Ministry.

The provider of the information system data is the holder of the

the postal license. The remuneration to the holder of a licence for the operation of the postal

information system data boxes shall be determined according to the price

^ 5) legislation. The costs associated with the operation of the information system

data boxes shall be borne by the State from the State budget allocated

According to the proposal of the Ministry for the intended purpose in Chapter General

cash management ^ 5a).



(3) in the information system data boxes are the following information on

data elements:



and the identifier of the data boxes) (hereinafter "id"),



(b) the date of the establishment, make), and abolition of the data

mailbox, indicating hours, minutes, and seconds



(c)) date of the login person entitled to access to the data to the Clipboard

the data boxes, indicating hours, minutes and seconds and the indication

identifying this person,



(d) the date of dispatch of the document), or perform an act from a Clipboard with the

indicating hours, minutes and seconds and the information identifying the person who

send a document or act carried out,



(e) the name or names), surname, date and place of birth, address,

the place of residence or other residence on the territory of the Czech Republic, or

the address of the place of residence outside the territory of the Czech Republic by natural persons, for which the

established data box,



(f) the name or names), and last name, business name, if applicable

entrepreneurial natural persons, for which the data box was set up, the date of

and place of birth, the address of the place of residence for citizens of the Czech

Republic, the place where he has a residence permit or permanent residence in the

The Czech Republic, including an indication of the address, and the address of the place of residence abroad,

in the case of foreigners, the address of the place of residence in the Member State of the European Union, in

which it is established, if it is a national of a Member State

The European Union, which does not have a residence permit or permanent residence in the

The Czech Republic, the place of business and the identification number of the person, if the

granted,



(g) the name or business name) of a legal person, for which it has been established

data box, registered office and identification number of the person, if any,



(h) the name and address of business) of the folder holding the foreign legal person

registered in the commercial register, for which it was established, the data box



I) the name of a public authority, for which it has established a data box,

registered office and number of the person, if any,



(j) the name, if applicable), name, surname, date of birth, address, place of

permanent residence or other residence on the territory of the Czech Republic, or

the address of the place of residence outside the territory of the Czech Republic of a person authorized to access

in the data box, access data, access data bindings on

access data to an individual user accounts under section 14a, the range of

access and the date of incorporation and demise of the permission to access the data

mailbox, indicating hours, minutes, and seconds



the name, if applicable) name, surname, date of birth, address, place of

permanent residence or other residence on the territory of the Czech Republic, or

the address of the place of residence outside the territory of the Czech Republic, the administrator and the date

births and deaths of the determination of the administrator, indicating hours, minutes and

Second,



l) electronic address or similar information for notification of delivery data

messages in the mailbox, or contact address, which should be

effected by the addressee; list of contact addresses for which consent was given

to their publication, the Department leads to remote

access,



m) the date and time of the event associated with the operation of the information system

data boxes.



(4) the information referred to in paragraph 3 are non-public and cannot provide

other persons, with the exception of the contact address to which the addressee is to be

delivered, was given consent to its disclosure. The Ministry will allow

key data mailbox so that it could be delivered.



(5) the administrator and operator information system data

ensures appropriate measures in the field of security of information system

data boxes.



(6) the administrator or the operator of an information system data

they are not entitled to access to the mailboxes of other entities.



§ 14a



(1) the Ministry may, at the request of the person providing their services to the

the Internet, which are accessible through her operated

individual user accounts the mailing of these services (hereinafter referred to as

"Internet service provider"), allow the use of interface

information system data, which is used for the management of

access to the data and the identity of the persons authorised to have access to the data

mailboxes and binding access data of these persons to access data to the

individual user accounts (hereinafter referred to as "the access interface").

Part of the application is the description of how to use the access interface.



(2) the Ministry shall decide on the application within 3 months from the date of its submission.

It complies with the Internet service provider in kind, staff,

technical, security and business conditions, the Ministry may

issue a permit for the use of the access interface. Permit is issued for

period of 5 years.



(3) the Ministry determines the material, personnel, technical, safety and

organizational conditions for the use of the access interface and exposes the

It is in the Journal of the Department of and in a manner enabling remote access.

If the Ministry of the new conditions in the first sentence, the obligation to

Internet service providers must meet the following conditions occur

the earliest the first day of the third calendar month following the

calendar month, in which their publication, unless the

the Ministry for some time.



(4) Internet service provider applies for the use of the access

interface annual fee, calculated as the product of the amount of $ 100 and the number of

user accounts for his services, for which, in a given calendar year

He used the access interface. The fee shall apply until 31 December 2006. January

the following calendar year. The fee is the income of the State budget,

It selects the Ministry.



(5) the Internet service provider responsible for the damage caused by the

connection with the use of the access interface. The provider of the

Internet service providers liability release, proves that the damage

It could not be prevented even when expending all efforts which can be

It may require.



(6) the Ministry checks for Internet service provider performance

g/l, personnel, technical, security and business

the conditions for the use of the access interface.



(7) the Ministry shall decide on the withdrawal of authorisation for the use of the access

interface,



and if it does not meet the) Internet service provider in kind, staff,

technical, safety or organizational conditions for the use of

the access interface and the absence within 3 months from the date when the

the Ministry pointed to this fact, to correct, or



(b)) asks if the Internet service provider.



(8) the Ministry keeps a list of Internet service providers, who

use of the access interface, and exposes it to

remote access.



section 14b



The list of natural persons, the entrepreneurial natural persons, legal persons, and

the public authorities, which have services set up and data mailbox zpřístupněnu



(1) the Ministry of the public leads the list of natural persons-entrepreneurs

natural persons, legal persons and public authorities which have the

services set up and data mailbox zpřístupněnu (hereinafter referred to as "the list of the holders of

data boxes "), which is accessible in a way that allows remote

access. The list is part of the information system of the data boxes.



(2) a list of holders of data boxes are broken down into separate parts

for natural persons, for the entrepreneurial natural persons, for legal

persons and for public authorities.



(3) a list of holders of data contains the following information about the physical

persons, self-employed natural persons, legal persons, and

public authorities, which have data services set up and zpřístupněnu

mailbox



and in part led) for natural persons



1. the name, where applicable, the name, surname, address, place of residence or
Another stay on the territory of the Czech Republic or the address of a residence outside the territory of the

The Czech Republic,



2. the identifier,



3. an indication of whether data box fulfils the function of the Clipboard data according to §

6,



(b)) in the led for the entrepreneurial natural persons



1. the name, where applicable, the name and surname or business name, location

business and the identification number of the person, if any,



2. the identifier,



3. an indication of whether data box fulfils the function of the Clipboard data according to §

6,



(c)) in part for legal persons



1. the trade name or name, registered office and identification number of the person

If it was allocated, the



2. the identifier or identifiers,



3. an indication of whether data box fulfils the function of the Clipboard data according to §

6,



4. If a legal person set up multiple mailboxes legal

a person, an indication that the Clipboard data of the legal person is more

data deposit box of a legal person, if the next data box

legal persons established for the needs of internal organizational units

a legal person, the name of this internal business units, and is more

data box legal persons established for a specific performance needs

the agenda or the activities of a legal person, the name of this agenda or activity,



(d)) in part led to public authorities



1. name, registered office and identification number of the person, if any,



2. the identifier or identifiers,



3. where a public authority established more data authority

public power, an indication that data box of the public authority is

additional data deposit box of a public authority, if the additional data

Clipboard public authority established for the needs of internal organisational

units of the public authority, the name of this internal organizational units

and if the next data box of the public authority established for the needs of

the performance of a specific agenda or the activities of a public authority, the name of this

agenda or activity.



(4) at the request of the natural person who has services set up and zpřístupněnu data

mailbox, the data kept in the list of holders of data boxes

destroyed.



(5) the Ministry uses for keeping the list of holders of data boxes

data held in information system data.



§ 15



The use of the information system of the population register and synergy



(1) the Ministry for the purpose of data management information system

mailboxes and the establishment and administration of the data boxes uses



and of the population register) these reference data:



1. last name,



2. the name, or names,



3. the address of the place of stay,



4. date, place and County of birth, in the case of the data subject, who was born in

abroad, the date, the place and the State where he was born,



5. date, place and County of death, in the case of the death of the data subject outside the territory

The Czech Republic, the date of death, place and the State on whose territory the death

has occurred; If the decision of the Court on the declarations for the dead, the day

that is the decision given as the day of death or the day that the body

data declared dead survived, and the date of the entry into force of this

the decision,



(b)) of the information system of the population register of the following particulars:



1. the name, where applicable, the name, surname, maiden name,



2. social security number



3. the deprivation or restriction of legal capacity,



(c)) of the information system of the aliens, the following information:



1. the name, where applicable, the name, surname, maiden name,



2. social security number



3. the deprivation or restriction of legal capacity,



(d)) of the registry of legal persons engaged in physical

persons and public authorities all the reference information, with the exception of the data on

agendovém of the natural person identifier for the agenda of this registry.



(2) the Ministry of Justice shall forthwith inform the Ministry about

registration of persons to the list of insolvency administrators, the information held about

the person in the list of insolvency administrators strictly necessary for the establishment of a

data mailboxes and their changes and to exclude the person from the list

insolvency administrators.



(3) the Court intended to lead the commercial register, without delay, inform the

the Ministry on the registration of legal persons or organisational units of an undertaking

foreign legal person registered in the commercial register in the commercial

the index, conducted by the data of the legal person or organizational folder

undertaking the foreign legal person registered in the commercial register

strictly necessary for the establishment of data boxes, their statutory

the bodies of and changes to these data and the erasure of the legal person, or

organizational folder holding the foreign legal person entered in the

commercial register of the commercial register.



(4) the Czech Bar Association shall forthwith inform the Ministry about writing

the persons in the list of lawyers, led by data about the person in the list

advocates for the establishment of necessary data boxes and their changes

and to exclude the person from the list of lawyers.



(5) the Chamber of notaries of the Czech Republic shall forthwith inform the Ministry of

on the registration of persons in the register of notaries public, the information kept by the person in

Register of notaries strictly necessary for the establishment of the data boxes and their

changes and to exclude the person from the register of notaries public.



(6) the executors of the Czech Republic shall promptly inform the

the Ministry on the registration of persons to the list of bailiffs, on data

led by a person in the list of bailiffs necessary for

the establishment of the data boxes and their changes and to exclude the person from the list

the judicial executors.



(7) the Chamber of tax advisers of the Czech Republic shall promptly inform the

the Ministry on the registration of persons in the list of tax consultants, the information

led by a person in the list of tax consultants strictly necessary for

the establishment of the data boxes and their changes and to exclude the person from the list

tax advisors.



(8) the administrative head of the authority of registration of entrepreneurial natural persons or

legal persons shall forthwith inform the Ministry about writing

entrepreneurial natural persons or legal persons in the register of

the data led on the entrepreneurial natural person or legal person in the

This record is strictly necessary for the establishment of the data boxes and their

changes and deletion of entrepreneurial natural persons or legal entities of the

This evidence.



(9) the information referred to in paragraphs 2 to 8 of the Ministry are provided

in a manner enabling remote access.



section 16 of the



The prison or the prison shall forthwith inform the Ministry about taking

natural persons into custody or the onset of physical persons in prison

imprisonment, in the case of a person who has services set up data mailbox.

The detention centre at the Institute of the Ministry of boarding shall inform without delay the physical

persons in the performance of security detention. The Court shall promptly inform the

Ministry of the vykonatelném decision, which means the natural person who is

services set up data mailbox, limits on personal freedom because of the protection

treatment or protection of the health of the people.



§ 17



Service of documents of public authorities through the data

the Clipboard



(1) if the nature of the document, the public authority it delivers

another public authority through the Clipboard data, if

delivered on the spot. If the nature of the document and has a natural

the person operating the natural person or legal person zpřístupněnu his

data mailbox, public authority delivers the document to that person

through the if the Clipboard data will not serve the public by Decree

or on the spot. Delivers to the manner under this Act, the provisions of

other legislation governing the method of delivery shall apply.



(2) Admit to other legislation through the delivery

data boxes, order delivery methods provided for these laws

the provisions of paragraph 1 of the regulations remains unaffected.



(3) the document, which was delivered to the mailbox, it is delivered at the moment

When the user logs on to the mailbox, the person who has with regard to the scope of the

your permission to access the document.



(4) Signs in the data box, the person referred to in paragraph 3 within a time limit

10 days from the date when the document was delivered to the mailbox, the

This document is delivered to the last day of this period; This does not apply,

excludes another legal regulation substitute service ^ 6).



(5) the person for whom the data box was established, may, under the conditions

laid down in other legal regulation ^ 7) apply for the determination of the ineffectiveness of the

delivery in accordance with paragraph 4.



(6) the delivery of the document referred to in paragraph 3 or 4 has the same legal effects

as the service into their own hands.



(7) Service between public authorities, through the data boxes

shall not apply, if it is for safety reasons between those authorities

introduced another form of electronic communication.



section 18



The implementation of the acts against the public authorities via the data

the Clipboard



(1) a natural person, the entrepreneurial natural person and legal person may

to perform the Act in respect of a public authority, if zpřístupněnu your data

mailbox, and if the nature of the Act, through the data

the Clipboard.



(2) the action taken by the person referred to in section 8 (2). 1 to 4 or an authorised

person, if it was committed through the Clipboard data has the

the same effects as the action taken, unless in writing and signed by the other legal
Regulation or internal regulation requires the joint action of more of the above

persons.



§ 18a



Document delivery by natural persons, natural persons-entrepreneurs and

legal persons



(1) the Ministry will allow, at the request of the natural person, the entrepreneurial natural

the person or the legal person supplying the documents from the other data mailbox

natural persons, the entrepreneurial natural persons or legal entities to the data

This person's mailbox.



(2) a document provided under paragraph 1 is delivered the moment when the

data mailbox logs on a person who has, with regard to the scope of its

permission to access this document.



(3) for the delivery of the document referred to in paragraph 1 shall be payable to the operator

data information system of remuneration which shall be determined in accordance with

price regulations ^ 5). The reward is paid by any natural person, operating the physical

person or legal entity, from which the mailbox was a document

sent. This person can determine that the document will cover the delivery,

that is the answer to the document provided by the previous sentence. The remuneration referred to in

the first sentence can for a physical person, entrepreneurial natural person or

legal person, of whose document was sent to the mailbox data, cover

also other natural person, natural person-entrepreneur or legal

the person shall submit to the operator information system data

the written consent of natural persons, the entrepreneurial natural persons or legal

the person from whose mailbox was sent the document, with the following way

payment of remuneration or the output from the authorized conversion of documents;

signature of the person in the written consent must be officially verified. The operator

information system data by

information system data boxes natural person-entrepreneur

a natural person or a legal person, the data boxes are to be

the documents are sent to the employers in the third or fourth sentence,

This method of payment.



§ 19



Data report



(1) documents of public authorities delivered through data

the Clipboard acts carried out against public authorities through

data boxes and documents of physical persons engaged in physical

persons and legal persons have the data supplied through the Clipboard

the form of a data message.



(2) if the document or act of the intended addressee,

the sender of this fact in the data message.



section 20



The scope of the Ministry of



(1) the Ministry of



and ensure that connection qualified) timestamp of the data report

the data sent to and from the Clipboard,



(b)) gives a data message sent from a mailbox in the mailbox

the person who is identified as the sender of the addressee,



(c)) shall notify the sender that the data message was sent, delivered to the

data box of the addressee, and this announcement marks the recognized

electronic tag



(d)) shall inform the addressee of the data message delivery to its data on the Clipboard

it selected an e-mail address, or any other technical means for

the notification; in this case, the addressee is required to reimburse the costs that

the Ministry in the context of the notice, except if the

notification made to the addressee of the selected e-mail address



e) notifying the sender that the data message posted to the data

the addressee's mailbox, was delivered, and this announcement marks the recognized

the electronic mark of the Ministry; This does not apply in the case of the document referred to in

§ 18a,



(f)), that the data notifying the sender mailbox, into which the posted data

the message does not exist,



g) notifying the sender that the data box to which the posted data

the message is closed, and even reverse,



h) notifying the sender that the data box to which the posted data

the message has been canceled



I) keeps records of the date and time of the event under this paragraph, including the

the identification data of the message, the sender and the addressee.



(2) the Department is authorized to destroy the data message, if it finds

the incidence of incorrect format or computer program that are

eligible lead damage to data or information system

the information in this information system. About the destruction of data messages

the Ministry shall immediately notify the sender.



(3) the contents of the data message and all of its parts must be primed

in order to be able to meet with him and further processed without special

technical knowledge and to work with him and the persons

disabilities through special technical AIDS.

The Ministry shall determine by Decree the technical requirements of the use of the data

mailboxes, the permissible formats data messages and the maximum size of the data

the message. The Ministry shall publish, in a manner enabling remote access

the list of possible technical means for the notification of delivery data

messages in the mailbox.



(4) Ministry shall ensure that the storing of the data supplied in the message data

mailbox. The minimum period of storage of data messages delivered in a mailbox

the Ministry shall set by Decree. At the request of the holder of the data boxes

allows the operator the information system data store

the delivered data messages in mailbox data for longer than the time

laid down by Decree. For saving the data in a message delivered to your mailbox

for a period longer than the period provided for by Decree, belongs to the operator

data information system of remuneration which shall be determined in accordance with

price regulations ^ 5).



section 21



The identifier of the data boxes



The data is used to identify the mailbox identifier. The identifier is not

interchangeable with any other identifier used by the public authorities

to be able to. Method of making the identifier provides a Ministry decree.



section 22



Conversion



(1) the conversion means



and the full conversion of the document) in paper form to the document contained

in a report, or a data file (hereinafter referred to as "the document contained in the

data report "), the verification of conformity of the contents of these documents and the connection

the verification clause, or



(b)) full conversion of the document contained in the data message to the document in the

the documentary form and verification of conformity of the contents of these documents and the connection

the validation clause.



(2) a document that was created by performing the conversion (hereinafter referred to as the "output"), has

the same legal effects as a certified copy of the document, whose converting

the output is generated (hereinafter referred to as the "entry").



(3) if it is to be in accordance with other legislation submitted in document

the documentary form of administrative authority or court or other State

the authority, in particular, to be used as a basis for the issuance of the decision, it is

This obligation fulfilled by producing its output.



section 23



The bodies carrying out the conversion



(1) the conversion shall be carried out at the request of the contact points of the public administration ^ 4) and

lawyers for the other conditions laid down by the law ^ 4a).



(2) the conversion shall be carried out ex officio by the public authorities for the performance of their

the scope of the.



section 24



The procedure for the implementation of the conversion



(1) when converting to a document in paper form body

conversion



and) validates a qualified timestamp input ^ 8), where

input,



b) verifies that the certificate ^ 8), on which is founded the acclaimed

electronic signature ^ 8), which is signed by input, or a qualified

the system certificate ^ 8), which is based on the acclaimed electronic

brand ^ 8), which is indicated by the input, not before the time referred to in

qualified invalidated so that the time stamp,



c) validates the recognized electronic signature or validity

accepted electronic markers.



(2) without delay after the body carrying out the conversion shall verify the conformity of the

the output and input matches the output of the entrance, connects to the output of the

the validation clause.



(3) when converting to the document contained in the data message shall affix

body that carried out the conversion, output its an accepted electronic

mark or a recognised electronic signature of the person that the conversion

carried out, and ensure that the output was provided with a qualified time

the stamp.



(4) the technical requirements of the implementation of the conversion, the input and output provides

Ministry decree.



(5) the Conversion shall not take place



and if the document) is in other than documentary form or in the form of the data

the message,



(b)) if it is a document in paper form, whose uniqueness cannot be

replace the conversion, in particular on the identity card, travel document,

card, driver's license, military identity cards, card, card

residence permit for foreigners, the fishing, the hunting license or other

card, passbook, cheque, Bill of Exchange or other valuable paper, los,

sázenku, geometric plan, features, and technical drawings,



(c)) where they are in a document in paper form changes, add-ons, nipples or

the cuts, which could weaken its credibility,



(d)) if it is not from a document in paper form shows whether it is a



1. the original,



2. vidimovaný document



3. copy or a copy of the band's from the file, or



4. a copy of the written copy of the decision or opinion of the decision

issued under other legislation



(e)) is a document in paper form fitted with text or

the imprint of the embossed stamp,



(f)) in the case of the implementation of the conversion to a request, not a document that is contained in the

data report signed by a recognized electronic signature or marked
accepted electronic brand, who issued the document or created,



(g)) if the document contained in the message, which could not be converted

to the documentary form, such as a sound or audiovisual recording,



(h)), if the document does not meet the technical requirements referred to in paragraph 4.



(6) the conversion does not endorse the accuracy and truthfulness of the data contained in the

entry and their compliance with the law.



§ 25



Verification clause



(1) the verification clause contained in document conversion data report

It is part of the output and contains



and the name of the body) the conversion done,



(b)) the serial number, under which conversion is included in the registration carried out by the

conversions,



(c)) the indication of the verification of the contents of the output matches the contents of the entry,



(d)), an indication of how many leaves consists of entry,



(e)) an indication whether the input contains a watermark, embossing or

embossing, dry seal or embossed stamping, optically variable element

or other locking element,



(f) the date of preparation of the validation clauses),



(g)), or names, name and surname of the person who carried out the conversion.



(2) a verification clause conversion into a document in paper form is

part of the output and contains



and the name of the body) the conversion done,



(b)) the serial number, under which conversion is included in the registration carried out by the

conversions,



(c)) the indication of the verification of the contents of the output matches the contents of the entry,



(d)), an indication of how many leaves are composed of output,



(e) the date of preparation of the validation clauses),



f) indication of whether the entry was signed by a valid accepted electronic

signature or a valid electronic tag marked with recognized, the number

a qualified certificate, which is recognized electronic signature

based, or the number of qualified system certificate, on which it is

recognized electronic sign based, and trade name of the accredited

the provider of certification services that a qualified certificate

or a qualified certificate issued,



(g)), the date and time listed in the qualified time stamp, number

a qualified timestamp and the business name of the accredited

the provider of certification services that a qualified timestamp

released, he was qualified to enter a time stamp affixed,



(h)), the imprint of the official stamp, name, where applicable, the name, surname and signature of the

the person who carried out the conversion.



section 26



Registration carried out conversions



(1) the body carrying out the conversion keeps records of carried out the conversion.

Entry in the register contains the following information:



and) serial number, under which conversion is included in the registration carried out by the

conversions,



(b) the date of conversion)



(c) the designation of the specific entry) and the date of its writing, is the date in the

the entry included,



(d) the indication of the payment) administrative fee or remuneration of notary (putting the numbers

the document, which has been paid) or an indication of the administrative exemption

the charge by reference to the legislation.



(2) the information referred to in paragraph 1 are carried out in the stock conversion

retained for 10 years after the transposition of the conversion.



Administrative offences



Section 26a



(1) a natural person has committed the offence by that data to the Clipboard

the spread of



and) unsolicited commercial or other unsolicited communication,



(b)) a computer program, which can cause damage to the information system

data boxes, the information contained in it or computer equipment holder

the data on the Clipboard.



(2) for the offence may be imposed a fine in



and 10 000 CZK), if the offence referred to in paragraph 1 (b). and)



(b)) 20 000 CZK, if the offence referred to in paragraph 1 (b). (b)).



section 26b



(1) a natural person-entrepreneur or legal person commits an administrative

tort by data mailbox used to spread



and) unsolicited commercial or other unsolicited communication,



(b)) a computer program, which can cause damage to the information system

data boxes, the information contained in it or computer equipment holder

the data on the Clipboard.



(2) for the administrative offence may be imposed a fine in



10 0000 0000 Czk), with respect to the administrative offence referred to in paragraph 1 (b). and)



(b)) 20 0000 0000 CZK in the case of the offence referred to in paragraph 1 (b). (b)).



section 26 c



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

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

a legal obligation.



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

the administrative tort, in particular to the manner in which it was committed and its consequences

the circumstances under which it was committed.



(3) the responsibility for the administrative offence shall cease, if the administrative authority about him

has commenced proceedings in the 2 years of the date on which it learned, no later than

However, within 10 years from the day when it was committed.



(4) administrative offences under this law are heard at first instance

the Ministry.



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

person or in direct connection with the applicable provisions of the law on

the liability of legal persons and sanctions.



Common, transitional and final provisions



section 27 of the



(1) the application and notification pursuant to this Act may be made also

through the contact point of the public administration.



(2) the certified signature of the application referred to in section 3, paragraph 3. 4, section 4, paragraph 4. 5 and § 5

paragraph. 5 is not required, if the request is signed by an employee of the State

entered in the Ministry or a member of staff entered in the contact point

public administration, or if it is signed by a recognised electronic signature.



(3) If a person entitled to access to the data box

under section 12, paragraph. 1 through the focal point of the public administration,

receive new access data while you wait.



section 28



Receive the request or notice under section 27. 1 and the issue of access

the data referred to in section 12, paragraph. 1 excluding the re-release of access

the data is free.



section 29



If you fill in the service of the public authorities electronically, it does so

to the service of documents and the implementation of operations

via data boxes, unless it is for reasons of safety

necessary to lead number service separately. Access to the data boxes

through the electronic filing system, service, or other

electronic applications of third parties is also possible through

System certificate under the conditions laid down in the operations documentation

information system data; in this case, the provisions of

about the appointed persons do not apply, access through the system

the certificate also includes access to the documents specified in your own hands

of the addressee.



section 30



(1) Conversion at the request of the holder of the licence by mail, the economic

Chamber of the Czech Republic and the persons that have been granted by the Ministry

authorization for the performance of public administration, a contact point

the employee who passed the test; passing the exam is required,

If the employee meets the requirements for the implementation of certification and

legalization ^ 9).



(2) the content of the test is to verify the knowledge of this law, the selected

the provisions of the legislation on administrative fees and

administrative regulations and their application.



(3) the implementation of tests provides the Ministry of.



(4) the examination shall be demonstrated by a certificate of execution of the tests. Pattern

the certificate establishes a Ministry decree.



(5) if the staff member Failed during the test, the test may be repeated twice.

Recurring test is available for the first 60 days and not later than

90 days from the date of the test, in which the employee did not succeed.



section 31



Transitional provisions



(1) the Ministry shall establish data mailbox operators referred to in section 4, paragraph 4.

3, § 5 (3). 1 and section 6 (1). 1 with the exception of a lawyer and tax advisor to

90 days from the date of entry into force of this Act. Data box under

the first sentence is made available the first time by the persons referred to in section 8 (2).

1 to 4. Logs-if the person referred to in section 8 (2). 1 to 4 to the data

Clipboard, Clipboard data shall be made available on 1 January 2004. November 2009.

The provisions of section 24, paragraph. 1 and 2 of the administrative code when the first

access data not applicable; the period provided for in § 23 paragraph. 4 of the administrative

the order in this case, 90 days.



(2) the bodies referred to in section 15, paragraph. 2 to 8 shall be sent to the Ministry within 30 days

from the date of entry into force of this Act, the data necessary for the establishment of a

data mailboxes, led by persons in the registers referred to in section 15, paragraph. 2

up to 9 on the day of entry into force of this Act.



(3) the Ministry shall set up lawyers and tax advisers data mailbox

entrepreneurial natural persons on the first day of the first calendar month

the third year after the date of entry into force of this Act. This does not prejudice

the right to a lawyer and tax advisor on the establishment of the data boxes

entrepreneurial natural persons on request.



§ 32



The effectiveness of the



This law shall enter into force on 1 January 2005. July, 2009.



Vaidya in the r.



Klaus r.



Čunek in..



Selected provisions of the novel



Article. VII of Act No. 190/2009 Sb.



Transitional provisions



After a period of six months from the day when it will take effect article. (VI) points 1, 2,

17, 18 and 20 of this Act, a natural person may, entrepreneurial natural

persons and legal persons into the mailbox of another natural person,

entrepreneurial natural persons or legal persons only invoice or

equivalent request for payment.
1) Law No 499/2004 Coll. on Archives and the archival service and amending

certain acts, as amended.



2) Law No 412/2005 Coll., on the protection of classified information and on the

security, as amended.



3), Act No 634/2004 Coll., on administrative fees, as amended

regulations.



4) Act No. 365/2000 Coll., on public administration and information systems of the

Amendment of certain other acts, as amended.



4A) of section 25 c of Act No. 85/1996 Coll., on the legal profession, as amended

regulations.



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



5A) section 10 of Act No. 218/2000 Coll., as amended.



for example, section 6, paragraph 64). 4 of the code of criminal procedure.



for example, section 7, paragraph 24). 2 of the administrative code.



8) Act No 227/2000 Coll., on electronic signature and amending certain

other laws (the law on electronic signature), as amended

regulations.



section 14, paragraph 9). 1 the Act of authentication.



for example, 10) Act No. 326/1999 Coll., on civil, as amended by

amended, law No 582/1991 Coll., on the Organization and implementation of the

social security, as amended.