of 29 April 2004. July 2004
on certain information society services and amending some laws
(Act on certain information society services)
Change: 444/2005 Sb.
Change: 214/2006 Sb.
Change: 160/2007 Coll.
Change: 281/2009 Sb.
Change: 468/2011 Sb.
Change: 375/2011 Sb.
Change: 89/2012 Sb.
Parliament has passed the following Act of the Czech Republic:
PART THE FIRST
ON CERTAIN INFORMATION SOCIETY SERVICES
The subject of the edit
This law regulates, in accordance with the law of the European Communities ^ 1)
the responsibilities and the rights and obligations of persons who provide services
information society and the spread of commercial communication.
For the purposes of this Act, means the
and information society services) any service provided by the
by electronic means at the individual request of the user submitted
by electronic means, normally provided for remuneration; the service is
provided by electronic means, if it is sent through the
electronic communications networks and picked by the user from the electronic
data storage devices,
(b)) by electronic mail, text, voice, sound or image message
sent over a public electronic communications network, which
can be stored in the network or in the user's terminal equipment until it is
the user does,
(c)), in particular by electronic means an electronic communications network,
electronic communication device, Terminal device, automatic calling
and communication systems, telecommunications and electronic mail,
d) service provider: any natural or legal person who
provides any of the services of the information society,
(e)) by any natural or legal person who uses the service
the information society, in particular for the purposes of seeking information or making
(f)), commercial communication all forms of communication, including advertising and encouraging
to visit the website, intended for the direct or indirect support
of goods or services or image of a person who is an entrepreneur ^ 3) or
carries out a regulated activity ^ 2).
(g) temporary storage in the short term) automatically store information
provided by the user that occurs solely for the purpose
the implementation of transmission through electronic communications networks,
and time saving information does not exceed a period of which is to ensure the
the usual transfer,
h) automatic temporary storage of information provided by meziukládáním
by the user, which is used solely for what maybe the most effective follow-up
the transmission of such information at the request of other users.
The liability of intermediary service providers
The responsibility of the service provider for the content of the information transmitted
(1) the service provider, which consists in the transmission of information provided by the
by the user via electronic communications networks or
provision of access to electronic communications networks for the purpose of
transmission of the information, shall be responsible for the content of the transmitted information, only if the
and initiates the transfer itself),
(b) the user chooses) the information transmitted, or
(c)) shall elect or change the content of the information transmitted.
(2) the transmission of information and of provision of access referred to in paragraph 1
It also includes automatic short-term temporary storage of the transmitted
The responsibility of the service provider for the content automatically temporarily
The provider of the service, which consists in the transmission of information provided by the
the user is responsible for the content of the information automatically, temporarily
meziukládaných, only if the
and changes the contents of the information)
(b)) does not comply with conditions on access to information,
(c) does not comply with rules regarding the updating of) information, which are generally
recognised and used in the sector concerned,
d) exceeds the lawful use of technology, widely recognised and used
in the sector concerned in order to obtain data on the use of the information, or
e) immediately takes measures leading to the Elimination of information it has stored
or to disable access to it, as soon as it finds that the information was on the
the default location of the transmission removed from the network, or it has been disabled
the Court ordered access or download, or restrict access to this
The responsibility of the service provider for the storage of information
provided by the user
(1) the service provider, which consists in the storage of information provided by the
the user is responsible for the content of information stored on the user's request,
and if) due to the subject of its activities and the circumstances and the nature of the
the case, know that the content of the stored information or action the user
are unlawful, or
(b)) when he learned about the illegal nature of the content shown to be saved
information or infringement of the user and has done so without delay
all steps, which can require him to remove or
such information is unavailable.
(2) the service provider referred to in paragraph 1 corresponds to the contents of the
the stored information in the event that, directly or indirectly
a decisive influence on the activities of the user.
Service providers referred to in section 3 to 5 are required to
and control their content) transmitted or stored information,
(b)) actively to seek facts or circumstances indicating
unlawful content information.
The spread of commercial communication
section 7 of the
(1) the commercial communication by electronic means can be spread only for
the conditions laid down in this law.
(2) electronic contact Details for the dissemination of commercial
communication by electronic means only in relation to the users,
who have given their prior consent.
(3) Notwithstanding the provisions of paragraph 2, where a natural or legal person obtains from
your customer details his electronic contact for
electronic mail in connection with the sale of a product or service by
the requirements of the protection of personal data covered by specific legal
Regulation ^ 5), this may be a natural or legal person to take advantage of these
electronic contact details for the appropriate dissemination of business
communication concerning its own similar products or services
provided that the customer has a clear and distinct possibility of simple
in a way, free of charge or on behalf of the natural or legal persons
refuse to consent to such use of electronic contact
When sending each message, if originally this usage
He couldn't refuse.
(4) the sending of electronic mail for the purpose of disseminating business communication is
disabled if the
and this is not clearly and) clearly identified as commercial communication,
(b)) hiding or concealing the identity of the sender on whose behalf the
communication takes place, or
(c)) is sent without a valid address to which the addressee could directly and
effectively send the information about the fact that it does not wish to have the trade
continue to be sent to the sender of the information.
(1) persons practising a regulated activity may use
electronic means in the context of activities which are the contents of
regulated activities, spread the commercial communication, and in accordance with section 7 and in
accordance with the relevant rules issued by trade, professional and
consumer associations, governing, in particular, to the independence,
the dignity and honour of the profession, honest approach to customers.
(2) persons practising a regulated activity, which are not members of the professional
panels established by the law, local governments in the spread of commercial communications for the
the use of electronic means in the context of activities which are the contents of
regulated activities, shall act in accordance with section 7.
(3) commercial communications of persons performing controlled activities must
include the name of a professional self-governing Chamber established by law, which is
the person carrying out the controlled activity is registered, a link to the professional
rules applicable in the Member State of the European Union, in which a person is
performing a controlled activity is established, and the way to permanent public
access to information on relevant professional self-governing Chamber set up by the
the law, which is the person performing regulated the activities of a member.
The internal market
(1) a service provider that provides services through a
business or organizational folders that are located on the territory of the Czech Republic,
the provisions of this Act and special legislation
concerning the conditions for opening and the performance of the activity that is the subject of
the services provided, in particular, the legislation governing the creation of
business license, the requirements on competence requirements
on the content and quality of the service provided and the responsibility of the provider
services for violation of these obligations.
(2) a service provider that is established in another Member State
The European Union and providing this service on the territory of the Czech Republic,
not covered by the legal provisions referred to in paragraph 1, if this law or
special legislation provides otherwise.
(3) the provisions of paragraph 2 shall not affect the obligations of the provider
services resulting from specific legislation for the protection of the public
Okay, public health, national security and consumer protection.
(4) before the Court or other authority competent to ensure the performance or
the enforcement of the obligations of the service provider resulting from specific
the legislation on the protection of public order, public health,
security of the State and protection of the consumer shall take the necessary measures,
It shall inform the Commission of the European Communities (hereinafter referred to as "the Commission"), and
the European Union asks the Member State in which the service provider is
establishment of the adoption of such measures, which will have the effect that the
the Court will no longer have to do the measures pursuant to this paragraph.
(5) If, in urgent cases, the Court departs from the provisions of paragraph 4, it shall
of this fact without undue delay, information on the grounds
The Commission and the Member State of the European Union, in which the service provider is
Supervision of compliance with the law
(1) the authority responsible for the exercise of supervision over compliance with this Act
(hereinafter "the supervisory authority") is
and for the dissemination of commercial communication) under section 7 of the Office for the protection of personal
(b)) for the obligations arising from section 8 (2). 3 the relevant professional
a Chamber established by the law.
(2) the supervisory authority shall act as a contact point for the Member States of the European
the Union and the Commission.
(3) a contact point for the Member States of the European Union and the Commission of the
and) serves for general information on contractual rights and obligations, as well as
the procedures for submission of complaints and for remedies in the case of
of disputes, including practical aspects involved in the use of these procedures,
(b)) provides information on the institutions, associations or organisations from which you can
to obtain further information or practical assistance.
(4) in the case of cross-border cooperation, the supervisory authority referred to in paragraph 1
(a). and according to the regulation) of the European Union on cooperation in the field of
consumer protection ^ 6a).
(5) in exercising supervision shall act to the supervisory authorities referred to in paragraph 1
(a). (b)) in accordance with the specific legislation. ^ 7)
(1) a natural person has committed the offence, that without the consent of the addressee
bulk or repeatedly spread by electronic means business
(2) for the offence referred to in paragraph 1 may be fine to 100 000 Czk.
(1) a legal person, in bulk or repeatedly spread electronic
the means of the commercial communication
and without the consent of the addressee),
b) unmarked clearly and conspicuously as commercial communication,
(c)) that hide or utajující the identity of the sender on whose behalf the
the communication took place,
(d)) containing a valid address to which the addressee may send a request
their such a communication, or
(e)), that the customer has provided clearly, clearly,
in simple terms, free of charge, or on their own account, to grant or refuse
consent to the use of its electronic contact when sending each
a fine shall be imposed in the amount of 10 0000 0000 Czk.
(2) a legal person, which
and the regulated activity and) performs its commercial communication does not contain
the name of a professional self-governing Chamber established by law, for which it is registered,
(b) regulated activity and) performs its commercial communication does not contain
reference to the professional rules applicable in the Member State of the European Union,
in which it is established, or
(c) the regulated activity and) performs its commercial communication does not contain
the way of permanent public access to information about the professional
the Chamber established by law, in the autonomous community of which he is a member of,
a fine shall be imposed in the amount of Czk 1 0000 0000.
The provider of information society services, whose business interests are
violation of the obligations under section harmed 7, is entitled to claim
on behalf of its customers, whose rights have been damaged by
the Court of protection. This does not affect the customer's permission to pursue their
claims in the Court itself.
(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 amount of the fine, a legal person shall take into account the seriousness of the
the administrative tort, in particular to the way a criminal offence and its consequences, and
the circumstances under which it was committed.
(3) liability of legal persons for the administrative offence shall cease, if the
the supervisory authority has commenced proceedings about him up to 1 year, when being aware of it,
not later than 3 years from the day when it was committed.
(4) The responsibility for acts that occurred during the physical business
person ^ 8) or in direct connection with it, shall be subject to the provisions of this
the law on liability of legal persons and sanctions.
(5) the fine imposed and collected by the supervisory authority. Revenue from fines and even
recovered, is the income budget, from which is covered by the activities of the authority
the surveillance, that the fine imposed. The revenue from the fines imposed on the authority
competent to exercise supervision in accordance with section 10, paragraph 1. 1 (a). (b)) for the purposes of
payment management seen as means of public budget ^ 9).
If otherwise provided in this Act, shall apply to proceedings relating to
governed by this law, the administrative procedure code. ^ 10)
PART THE SECOND
PART THE THIRD
Amendment of the Act on regulation of advertising
Act No. 40/1995 Coll., on regulation of advertising and amending and supplementing Act No.
468/1991 Coll., on radio and television broadcasts, in
as amended, amended by Act No. 258/2000 Coll., Act No.
231/2001 Coll., Act No. 257/2001 Coll., Act No. 138/2002 Coll., Act No.
320/2002 Coll., Act No. 132/2003 Coll., Act No. 217/2004 Coll. and act
No 326/2004 Coll., is hereby amended as follows:
1. In section 2 (2). 1 letter e) including footnote 5a):
"e) dissemination of unsolicited ads, if it leads to an addressee or if the expenditure
addressee harassed; the dissemination of advertising via electronic means and its
the restrictions covered by the specific legislation for the advertising ^ 5a), which
harassed, is considered to be advertising for a specific addressee for the
the conditions that the addressee clearly and comprehensibly in advance put it clear that
wants to see to it was unsolicited advertising disseminated.
5A) section 7 of the Act No. 480/2004 Coll., on some service information
of the company and on amendments to certain acts (the Act on certain services
the information society). ".
2. In section 7 (b). (d)), after the words "in other cases", the words "
with the exception of advertisements circulated by electronic means ^ 32a)
under special legislation ^ 5a) ".
Footnote No. 32a):
"32a) § 2 (b). (c)) of the Act No. 480/2004 Coll., on some service
the information society and on amendments to certain acts (the Act on certain
information society services). ".
PART THE FOURTH
Amendment of the Act on the protection of personal data and on amendments to certain laws
section 16 of the
In section 2 of the Act No. 101/2000 Coll., on the protection of personal data and amendment
Some laws, the end of the text of paragraph 2, the words "and other
competence provided for in a special law. ^ 1) ".
"1) section 10 (1). 1 (a). a) of Act No. 480/2004 Coll., on some service
the information society and on amendments to certain acts (the Act on certain
information society services). ".
PART THE FIFTH
The EFFECTIVENESS of the
This Act shall take effect on the date of its publication.
Zaorálek in r.
Gross v. r.
1) European Parliament and Council Directive 2000/31/EC of 8 June 2004. June
2000 on certain aspects of information society services, in particular
electronic commercial transactions within the internal market. Directive
The European Parliament and of the Council 2002/58/EC of 12 July 2005. July 2002 on
the processing of personal data and the protection of privacy in the electronic
2) § 3 (b). (f)), and (g)) of law No 18/2004 Coll., on the recognition of professional
qualification and other eligibility of Member States ' nationals
The European Union and on the amendment of certain laws (law on the recognition of professional
3) § 2 (2). 2 of the commercial code.
4) Law No. 40/1995 Coll., on regulation of advertising and on the amendment and supplement of the law
No. 468/1991 Coll., on radio and television broadcasts, in
5) Law No. 101/2000 Coll., on protection of personal data and on amendments to certain
laws, as amended.
6a) Regulation of the European Parliament and of the Council (EC) No 2006/2004 on
cooperation between national authorities responsible for the enforcement of
compliance with the consumer protection laws (regulation on cooperation
in the area of consumer protection).
for example, law No 7) 254/2000 Coll. on Auditors, as amended
legislation, Act No. 523/1992 Coll., on the tax consultancy and Chamber
tax advisers of the Czech Republic, as amended, the law
No 220/1991 Coll., on the Czech Medical Chamber, the Czech dental Chamber and
The Czech Chamber of pharmacists, Act No. 85/1996 Coll., on the legal profession, as amended by
8) § 2 (2). 2 of the Act No. 513/1991 Coll., the commercial code, as amended by
9) § 2 (2). 2 Act No 280/2009 Coll., the tax procedure code.
10) Act No. 71/1967 Coll., on administrative proceedings (administrative code), as amended by