167/2012 Sb.
LAW
of 25 June 2002. April 2012
amending the law no 499/2004 Coll. on Archives and records service, and
amending certain laws, as amended, law No.
227/2000 Coll. on electronic signature and amending certain other
laws (the law on electronic signature), as amended, and
other related laws
Change: 256/Sb.
Change: 205/2015 Sb.
Parliament has passed the following Act of the United States:
PART THE FIRST
Amendment to the law on Archives and records service
Article. (I)
Law No. 499/2004 Coll. on Archives and records service and amending
certain acts, as amended by law no 413/2005 Coll., Act No. 444/2005
Coll., Act No. 112/2006 Coll., Act No. 181/2007 Coll., Act No. 296/2007
Coll., Act No. 32/2008 Coll., Act No. 190/2009 Coll., Act No. 227/2009
Coll. and Act No. 424/2010 Coll., shall be amended as follows:
1. In paragraph 1, letter a) is added:
"and the selection and registration records),".
2. In paragraph 2, point (a)) the following new subparagraph (b)), which read as follows:
"(b)) the care of historical records and their collection, registration, protection, archive
processing, storage, and disclosure, ".
Subparagraph (b)) up with) shall become point (c)) to t).
3. In paragraph 2 (d) at the end of the text), the words "; for the document
resulting from the activities of the originator is considered also document that was
the originators of the delivered or otherwise passed ".
4. In paragraph 2 (a). (h)), the words "the activities of certain natural or legal
persons, organizational units of State or local government unit "
replaced by the words "from the work of the originator".
5. In paragraph 2 (a). k), the word "inventory" is replaced by the word "description".
6. In section 3, paragraph 3. 1, letter n) repealed.
7. in section 3, paragraph 3. 2 (a). and entrepreneurs) the words "registered in the commercial
the register "shall be replaced by" commercial companies and cooperatives, with the exception
housing cooperatives ".
8. In section 3, paragraph 3. 2, letter b) the following point (c)), which read as follows:
"c) notaries, in respect of the documents referred to in annex 1 to this
the law ".
9. In paragraph 3, the provisions of paragraph 2 shall be inserted after paragraph 3 and 4 are added:
"(3) the obligation to keep documents and allow selection of archival documents have further
the legal successors of the public and private agents, in the case of
documents to which this obligation already had these agents.
(4) in the case of documents in digital format with storage means
also provide assurance as to the origin of the documents, the inviolability of their
the content and readability, creation and management of metadata belonging to those
documents in accordance with this Act and the connection data demonstrating the
the existence of the document in time. These features must be maintained until the
a selection of archival documents. ".
The former paragraph 3 shall become paragraph 5.
10. In paragraph 7 (2). 1, the second sentence shall be deleted.
11. In § 8 para. 2, the third sentence shall be deleted.
12. In section 8 paragraph 1. 3, after the words "proceedings" is inserted after the word "further" and the words
"the dissolution of" shall be replaced by the words "before the run-off".
13. in § 9 para. 1 at the end of the text of the letter b), the words ";
If they are in the selection of the records included in the discard control also
documents arising from the activities of the originator, which is processor shredding
the design of the legal successor, the following documents shall be marked with this
originator in the list separately.
14. in § 9 para. 1 at the end of subparagraph (b)) a comma is replaced by a dot and the
subparagraph (c)) shall be deleted.
15. in section 10, paragraph 1. 1 the word "draw up" be deleted and the word "archive"
the words "shall determine, to whose care the documents will be selected as the
Papers belong, and draw up ".
16. in section 10, paragraph 1. 2 (b)) shall be deleted.
Subparagraph (c)) and (d)) shall become point (b)), and (c)).
17. in section 10, paragraph 1. 2 (b)):
"(b) the specified archive) the designation under paragraph 1".
18. in section 10, paragraph 1. 2 at the end of the text of subparagraph (c)), the words ";
the inventory is does not purchase, you can make use of the list of documents proposed for
skartačnímu proceedings pursuant to § 9 para. 1 (b). (b)) ".
19. in section 10, paragraph 1. 4, the word "d)" is replaced by "(c))".
20. In paragraph 11 (1) 1, letter c) the following point (d)), which read as follows:
"(d)), the United States, which went to ownership to them odúmrtí,".
Subparagraph (d)) is renumbered as paragraph (e)).
21. in section 11 paragraph 2 reads as follows:
"(2) the selection of records outside the control carried out by discarding referred to in paragraph 1
(a). and) and c) is initiated at the request of the originator or owner of the document.
On request of the originator or owner of the document agreed with the competent
the archive dates, which will select records outside the discarding of proceedings
executed; in case of cancellation of the agent, its entry into liquidation or when
bankruptcy on the originator shall ask the originator to the selection of public records excluding
discarding the proceedings without delay. The archive's prior to making a
public records outside the control of the originator may, discarding, or owner
document request list of documents proposed for the selection of public records with the
indication of the time of their creation. If they are in the selection of public records excluding
shredding documents also included control arising from the activities of the producer,
which is the processor shredding, which is the originator of the according
paragraph 1 (b). and), the legal successor, the following documents shall be provided with
the designation of the originator in the list itself; Similarly, if the
in the selection of the records classified documents referred to in paragraph 1 (b). c).“.
22. in paragraph 11 (1) 3, after the words "(a). (b)) "the word" and "is replaced by a comma and
After the word "d)" with the words "and (e))".
23. in paragraph 11, at the end of paragraph 5, the following sentence "the provisions of the first sentence
are without prejudice to the obligations of the cultural and scientific institutions referred to in section 3,
in the case of documents arising from their activities. ".
24. in section 12 paragraphs 1 and 2 shall be added:
"(1) after the selection of the records of the proceedings shall be drawn up outside the shredding
the archive Protocol on a selection of archival documents outside of discarding
control and determine to whose care the documents selected as archival documents
belong. If the selection of records outside the proceedings conducted at the disposal
request of the owner of the selected document as archival documents, it can be
entrust to the care of the archives document only with the consent of the owner, and
on the basis of its consent to the determination, to whose care the document will belong.
(2) the provisions of § 10 para. 2 (a). a) and b) according to the contents of the log
paragraph 1 shall apply mutatis mutandis. ";"
25. In article 12, paragraph 3 shall be deleted.
Paragraph 4 becomes paragraph 3.
26. in § 13 para. 1 the words ' to shredding management include "are replaced by
the words "to submit to the selection of public records".
27. in § 13 para. 2, the words "to submit documents for the selection of the records in the
discard control or out of control just discarding with the prior consent of the
the person to whom the protection of the secret witness "shall be replaced by the words" to select
public records only submit documents that are designed for the disposal and destruction; u
other documents, you can select the records to perform only with the consent
the originator ".
28. in § 13 para. 2, the first sentence is inserted after the sentence "If the document selected
as the papers, the originator of it after selecting the records must affix the clause, in
indicating the kind of secrets in the document contained. ".
29. in § 13 para. 4, the words "in the management and discard when selecting
public records outside the discarding of proceedings "shall be deleted.
30. in article 13, paragraph 5 is added:
"(5) a producer who does not carry file service in electronic form in
electronic records systems, converts the document in the digital
the form specified for the selection of the records out in the output management shredding
the data format provided for by the implementing regulation, and shall bear it
metadata, laid down by the implementing regulation referred to in paragraph 19 (b). (g)),
the latest in the preparation of the selection of the records outside the discarding of the proceedings.
If the document cannot be converted to the specified data format and supply
It metadata, and even, in cooperation with the relevant archive, document
the originator, converts it to an analog form. ".
31. in § 13 para. 6, after the word "choice" is inserted after the word "records" and
the words "in or outside control discard discarding proceedings" shall be deleted.
32. In article 15, paragraph 2. 1, the words "for permanent storage in" shall be replaced by "and
designed to care ".
33. In article 15, the end of the text of paragraph 1, the words "whose
part of it is an inventory of the transmitted documents; for each document in the
digital form with the details necessary for its search ".
34. In section 15, at the end of paragraph 1, the following sentence "the detailed legal
Regulation provides the essentials of an inventory of the transmitted documents in digital
form. ".
35. In article 15, paragraph 2. 2 the words "are saved in the" be replaced by "belong to the
to the care of "and the words" are stored in this institution "are replaced by the words
"they belong to the care of this institution".
36. In article 15, paragraph 2, the following paragraph 3 is added:
"(3) the records in digital form, belonging to the care of the national
Archive, the archive of the security forces or State regional archives
are stored in the national archives. Papers in digital format
belonging to the care of other archives in these archives are stored,
If the providers of the granted permission to store the records in
digital format. If it is not the founder of the archive holds the permission to
the storage of archival materials in digital format, archival documents in digital form
belonging to his care, on the basis of the written agreement of the founders
the archives stored in the national archives or in the archive, whose founder is
granted permission to store the records in digital form (hereinafter referred to as
"digital archive"). Close the archive agreement imposing founder
archival documents, archival documents in digital form, belonging to its care
stored in the national archives. The jurisdiction of the archives, to whose care papers
in digital form, not by saving the file in the national archives or
in digital archive. ".
The former paragraph 3 shall become paragraph 4.
37. In article 15, paragraph 2. 4, the words "in or outside control discard discarding
the management of "and the words" or cancellation ' shall be deleted.
38. In article 16(1). 3, the word "manage" replaced by the word "care".
39. In paragraph 16, the following shall be added at the end of paragraph 3, the phrase "if it is as
papers selected document in digital format, as records
records and in the national archives or in the digital archive stores its
replica; a replica for the purpose of care for the archiválii in digital form
means a character string identical to document in digital form, from which the
It was created. ".
40. In § 16 para. 4, the words "stored outside of archives and cultural/scientific
the institution "are replaced by the words" which does not belong to the care of the archives or
cultural and scientific institutions ".
41. In article 16(1). 5, the words "stored in the archives, and cultural and scientific
institutions "shall be replaced by" to the care of the archives belonging to or
cultural and scientific institution ".
42. In § 17 paragraph 2 reads as follows:
"(2) the Ministry shall, on application of the founder of the removal from the archive
records of the national archival heritage
and archive or archive) collections due to a reassessment of their
importance,
b) archive, archival collections or archival documents because of the destruction;
in the case of an archive Fund, the Archives collection or records in a digital
the form will be considered a violation for the destruction of their contents, loss of
their readability, or the loss of the metadata necessary for the management of
the archive Fund, archival collection, or archival materials in digital form,
c) archive, archival collections or archival documents for release into the
abroad. ".
43. In paragraph 17, the dot at the end of paragraph 5 is replaced by a comma and the following
the letter e), which reads as follows:
"(e)) the size of the vyřazovaného archive, archival collections or
papers in the flats, it is proposed to exclude archive, an archive pool
collection or archiválii in digital form. ".
44. In section 18 para. 1 letter c) is added:
"(c)) the information about who the archiválii, an archive collection, an archive file
or a coherent part of the care and where it is stored. ".
45. section 18a is inserted:
"§ 18a
(1) in the case of the demise of the public archives of the Ministry shall determine the archive, the
the care will be papers belong; specify archive precedes the extinction
public archive. Papers may be entrusted to the care of the national
the archives or the State regional archive.
(2) the Ministry shall, on application of the founder of the private archive of the
transfer papers to the care of another archive. It is proposed to convert the
the records in the custody of another archive than the national archives or the national
regional archives, the Ministry may grant the petition if this
Archive. ".
46. under section 18a of the following new section 18b and 18 c, which including the following titles:
"§ 18b
Portals for the disclosure of records in digital form
(1) Records in digital form, that are stored at the national
the archives are made available in a manner allowing remote access
through the portal for disclosure of records in digital form,
the administrator is the National Archive (hereinafter referred to as "the national portal").
(2) Papers in digital format that are stored in the digital
the archive, with the exception of the security archives, are made available to the
manner allowing remote access through the portal for
disclosure of records in digital form, whose maintainer is digital
Archive.
(3) national portal is an information system of public administration.
(4) through the national portal is a way of allowing remote
access provided by
and selection and income records) in digital form and their metadata,
(b) the management and disclosure of evidence) of the national heritage,
(c) the metadata descriptions of the agents),
(d) the metadata descriptions) to receive the archives and cultural and scientific institutions,
(e) the receipt and presentation of archival) AIDS in digital form,
(f)) access to all materials in digital form and documents in digital
the form of the resulting as a digital reproduction of archival materials in analog
form.
(5) through the portal to access the records in the digital
form are a way allowing remote access provided by
and selection and income records) in digital form and their metadata,
b) access to all in digital form and documents in digital
the form of the resulting as a digital reproduction of archival materials in analog
form.
§ 18 c
The metadata records management
(1) the national archives in cooperation with the archives, to whose care the records in
digital form, creates, manages and makes available
through the national portal metadata containing group
and the basic identification papers,)
(b) a description of the papers,)
(c) records of bodies authorised to) access to archiválii including the extent
permissions.
(2) digital archive in cooperation with the archives, to whose care papers
in digital form, creates, manages, and with the exception of
Security Archive also makes available through
operated by the portal for disclosure of public records in digital form
metadata containing group
and the basic identification papers,)
(b) a description of the papers,)
(c) records of bodies authorised to) access to archiválii including the extent
permissions.
(3) files, with the exception of the security archives, in cooperation with the national
the archive creates, manages, and via the national portal
exposes
and the national heritage register),
(b) a description and the register of agents),
(c) the description and registration of the archive), and cultural and scientific institutions.
(4) digital archive, with the exception of the Security Archive makes available and
the metadata group referred to in paragraph 3 through the portal for
disclosure of records in digital form, which is an administrator, and it
through a functional search engine with reference to the national portal.
(5) national archives and digital archive store recording and shredding
plans.
(6) if the national archives Stores or digital archive in archiválii
digital form, belonging to the care of another archive, makes this
the archive in a way allowing remote access details
and metadata) change, data formats, and the size of the archived files in bytes,
(b) the content of the papers,) distorting its readability or loss loss
the metadata necessary for the management of public records in the extent
to the relevant archive, an assessment of whether the facts are true for the submission
the request for the initiation of disposal of archival documents from the records of the national
heritage under § 17 para. 2. ".
47. In paragraph 19, at the end of paragraph (e)) dot replaced with a comma and the following
the letters f) and (g)), which read as follows:
"(f)) details creating, managing and accessing metadata of archival documents,
g) range of metadata documents in digital form have been selected as
records management for designers outside of discarding, who do not exercise the filing
service in the electronic form in the electronic filing systems
services. ".
48. in the title of title II of part one of the part 2:
"The Declaration papers in archival cultural heritage or national
the cultural heritage ".
49. section 20 is repealed.
50. in paragraph 21 of the paragraph. 2 (a). and) the words "where the records are stored"
replaced by the words "to whose custody papers, archival collection, an archive
Fund or their comprehensive belongs ".
51. In section 21 para. 3 (b). (d)), the word "State" shall be replaced by "the description
the status of "and the words" copy "shall be replaced by the words" a copy of that
their characteristics and the processing of guarantee maximum possible
available content and material stability for the needs of their
fixed storage (hereinafter referred to as the "cc"), ".
52. In section 21 para. 3 (b). (e)), after the word "archive" the words "or
cultural/scientific institution ".
53. under section 22 shall be added to § 22a is inserted:
"§ 22a
The implementing legislation provides for labelling of archival materials that
have been declared a national cultural monument by the archive or cultural
memory. ".
54. In § 24 para. 2 and 4, the words "which does not have the archiválii deposited in the
the public archives "are replaced by the words" which does not belong to the care of the public
the archive ".
55. In § 25 para. 1 (b). a), the words "archiválii care" shall be replaced by
the words "to take care of archiválii in analog form".
56. In § 25 para. 1, letter a) the following new subparagraph (b)), which read as follows:
"(b)) created from a document in digital format selected as archival documents
its replica in the data format specified by the implementing legal transcription and
pass it immediately after completion of the selection of the records to the national archives
or digital archive to store, ".
Letter b) is renumbered as paragraph (c)).
57. In § 25 para. 2, § 73 para. 5, and in section 74 para. 4, after the word
"papers", the words "analog".
58. In § 26 para. 1 the words "§ 25, 27, 29, 30 and 32 shall be replaced by ' paragraph
to in article 25(2). 1 (b). a) and (c)), § 25 para. 2, § 27, 29, 30 and 32.
59. section 27:
the "section 27
(1) at the request of the owner or holder of the papers, that is not able to
to ensure its proper protection and professional care for her and whose papers
does not belong in the custody of the archives, the national archives or the appropriate State regional
Archive
and the owner or holder) will provide free technical papers
help, or
(b)) takes over the archiválii for a limited period in your care.
(2) if the reasons for which the papers taken into his care,
The national archives or the State regional archives archiválii the owner or
its holder on the basis of its application, shall issue. ".
60. In § 28 para. 4 is the number "90" is replaced by "180".
61. In § 30 paragraph 2. 3, the words "in which the archival cultural heritage
or national cultural relics stores "are replaced by the words" to whose care
archival cultural heritage or national cultural monuments belongs ".
62. In section 30 paragraph 2. 4, the words "that are not stored in the archives or
cultural and scientific institutions "shall be replaced by the words" which does not belong to the care
the archives or cultural/scientific institution ".
63. In § 31 para. 1 and 3, the words "which does not have archival cultural heritage
national cultural monument or deposited in a public archive "are replaced by
the words "which does not belong to the care of the public archives".
64. In § 32 para. 1 introductory part of the provisions, the words "does not have an archive
the cultural heritage or the national cultural heritage stored in the public
the archive "are replaced by the words" the archival cultural heritage or national
cultural monument does not belong to the care of public archives ".
65. In § 32 para. 1 (b)):
"(b) Decides that the archival cultural monument) or national cultural monument on
for a specified period under the care of the national archives, the archives of the security services
or State regional archives, but no longer than for a period of one year. ".
66. In article 32, paragraph 2 shall be deleted.
Paragraphs 3 to 5 shall become paragraphs 2 to 4.
67. In § 32 para. 2, the words "and does not have archival or historical monument
national cultural monument deposited in a public archive "are replaced by the words"
his archival cultural heritage or national cultural monument is not in
the care of the public archives ", the word" Save "is replaced by the word" commit "
and after the words "for a fixed period shall be added to the" the word "care".
68. In article 32, paragraph 3 reads:
"(3) if the owner or keeper of archived cultural relics or the national
cultural relics will not be able to even after the expiry of the period during which
This monument was entrusted to the care of the national archives, the archive
the security forces or the State regional archive in accordance with paragraph
2, ensure its proper protection and professional care for her, the Ministry of
decide to leave in the care of the archives, even ex officio. ".
69. In § 32 para. 4, the words "stored in the National Archive, the archive
the security forces or in the State regional archives "are replaced by
the words "entrusted to the care of the national archives, the archives of the security services
or State regional archives ".
70. in § 34 paragraph 1. 1 the words "stored in the archives ' is replaced by
"belonging to the care of the archives".
71. In § 34 paragraph 1. 3, the words "where the records are stored" are replaced by
the words "to whose care the records belong to".
72. In § 34 paragraph 1. 5, the words "where are permanently stored ' is replaced by
"to whose care they belong".
73. In paragraph 34, the following paragraph 6 is added:
"(6) the inspection of public records in digital form shall be made
through the national portal or portal sites for accessibility
public records in digital form. ".
74. In paragraph 35 of the text at the end of subparagraph (b)) the following words ", the State
citizenship ".
75. In paragraph 35 (c)), and (d)):
"(c) the address of the place of stay) of the natural person on the territory of the Czech Republic,
where appropriate, the place of residence in a foreign country, the address to which they are to be delivered
documents under a special legal regulation,
(d)) of the number of the identity card, ".
76. In paragraph 35, at the end of subparagraph (d)), a comma is replaced by a dot, and the letters e) and
f) shall be deleted.
77. In paragraph 35, the current text shall become paragraph 1 and the following
paragraphs 2 and 3 shall be added:
"(2) a public archives are further entitled to process data on the business
the company, where applicable, the name, address of the seat of the legal person to whom the
inspection is conducted, the identification number of the person if
assigned, and the topic of study, its purpose and focus, in which the
the inspection takes place.
(3) an application for inspection shall be made on the research form. An applicant for a
inspection is obliged to verify the personal data contained in
the research form to submit to the challenge of public archives
the ID card. Proof of identity for the purposes of this Act,
means the document, which is a public document, which States the name,
where appropriate, the name and surname, date of birth and address of the place of residence of the
the territory of the United States, where appropriate, the place of residence abroad, and from which it is evident
of, or other indication enabling the uniquely identify
the applicant, who submitted the document, such as its authorised holder. ".
78. In paragraph 36 (b). (b)), the words ", a model application for public inspection" shall be deleted.
79. In § 37 para. 2 and 3, the number "35", the words "paragraph. 1 "and
the words "and e) and (f))" shall be deleted.
80. In article 37, paragraph 11 is added:
"(11) the provisions of paragraphs 1 to 3 shall not apply to papers arising from the
1. January 1990 from the activity of the military courts and prokuratur all
degrees, the security forces, according to the law on the Institute for the study of
totalitarian regimes and on the archives of the security services, as well as
extraordinary people's courts, the State Court, the national court and the
social organizations and political parties are members of the National
the queue, the papers resulting from the activities of the German occupation administration
on the territory of the odstoupeném Empire and in the Protectorate Bohemia and Moravia in 1938
up to 1945, on papers that were already before the application for inspection
public access to them, as well as archival documents that were as
documents accessible to the public prior to the Declaration for papers ^ 15). ".
81. In § 37 para. 12 and 13, § 46 para. 1 (b). (e)), § 49 para. 1 (b). (f))
and in section 50 (b). (b)), the number "4" is replaced by "3".
82. In § 38 paragraph 1(a). 1 (b). (c)), the words "7 and 8" are replaced by the words "11 and 12".
83. In § 38 paragraph 1(a). 5 at the end of subparagraph (a)) the comma is replaced by a dot
subparagraph (b)) shall be deleted and shall be deleted at the same time marking (a)).
84. under section 38 shall be added to § 38a is inserted:
"§ 38a
(1) for the purpose of notice to the applicant pursuant to § 38 paragraph 1(a). 3 or inspection
public records pursuant to § 38 paragraph 1(a). 4 may apply to the competent administrative archive
the Office in the field of archival science and performance records of mediation
information about the applicant from agendového information system of population register, and
to the extent
and) the name or names, first and last name,
(b)) of the date, place and County of birth; If the person is born in a foreign country, the date,
the place and the State where she was born,
(c) the address of the place of residence), the address to which they are to be delivered
documents under a special legal regulation.
(2) the administrative authorities in the field of archival science and performance records can
on the basis of the requests referred to in paragraph 1 or archive to the performance of
under this Act, acquire and use information about a person, and it
and from the base) a reference population register,
(b)) the data from the agendového information system of population register,
(c)) the data from the agendového information system for foreigners.
(3) the information Provided under paragraph 2 (a). and) are
and) the name or names, first and last name,
(b) the address of the place of stay), the address to which they are to be delivered
documents under a special legal regulation,
(c)) date of birth,
(d)) of the date, place and County of death; in the case of death of a person outside the territory of the United
Republic, date of death, place and the State on whose territory the death occurred;
If it is issued the Court's decision on the Declaration of death, the date that is in the
decisions listed as the day of death or the date on which the person declared
the dead did not survive, and the date of the legal force of the decision.
(4) the information Provided under paragraph 2 (a). (b)) are
and) the name or names, first and last name,
(b)) date of birth,
(c) the address of the place of residence), the address to which they are to be delivered
documents under a special legal regulation,
(d)) of the date, place and County of death, where appropriate, the date of death, place and State
whose territory the death occurred, in the case of death outside the territory of the Czech Republic,
e) day, who was in the Court decision on the Declaration of death listed
as the day of death or the date on which the person declared dead did not survive.
(5) the information Provided under paragraph 2 (a). (c)) are
and) the name or names, first and last name,
(b)) date of birth,
(c)) the type and address of the place of residence, the address to which they are to be delivered
documents under a special legal regulation,
(d)) of the date, place and County of death, where appropriate, the date of death and the State on whose
the death has occurred, in the case of death outside the territory of the Czech Republic,
e) day, who was in the Court decision on the Declaration of death listed
as the day of death or the date on which the person declared dead did not survive.
(6) the data which are kept as reference data in the principal registry
the population recovered from the agendového information system registration
of the population or agendového information system for foreigners only if they are
in the shape of the previous status quo.
(7) of the provided data can be used only in a particular case such
the data which are necessary for the notification of the person.
(8) the request for the issue of data from the agendového information system registration
the population and the issue of data from the agendového information system for foreigners
may be carried out in a manner allowing remote access. ".
85. In § 39 para. 3 the words "are stored in the archives ' is replaced by
"belongs to the care of the archives" and the words "the appropriate archive, or its
the founder, "shall be replaced by the words" Founder ".
86. In section 40 para. 1, the words "where the records are stored" are replaced by
the words "to whose care the records belong to".
87. In section 40 para. 1 to 3, the words "statement, transcript or a copy of the records"
replaced by the words "a copy of a copy or extract, the papers in the analog
form or replicas of archival documents in digital form ".
88. In section 40 para. 2, the words "a copy of the statement or copy of papers"
replaced by the words "a copy of the statement or copy of papers in analog form
or a replica of the archival documents in digital form ".
89. In § 40 paragraph 3, the following paragraph 4 is added:
"(4) at the request of Archive confirms the conformity of it copies the records in
analog with analog records stored in the archive,
or in the case of a digital archive, or the National Archives a match it
taken with a replica of the archival documents in digital form with the records in the digital
form or with a replica of the papers in digital format stored in the
digital archive. ".
The current paragraph 4 shall become paragraph 5.
90. in § 40 paragraph 5 is added:
"(5) the archive is entitled to charge the costs associated with the acquisition
the statement, a copy or copies of archival documents on an analog or
the acquisition of archival replicas in digital form, associated with locating
public records and their further processing, or research with the acquisition of the
public records. The amount of the reimbursement of costs associated with the services provided
publish the files in the list. ".
91. In paragraph 40, the following paragraphs 6 and 7 are added:
"(6) the public archive is not entitled to claim reimbursement of costs, if
listing, a copy or copies of archival documents on an analog or
the acquisition of archival replicas in digital form, look up the records and
for further processing, or the acquisition of archival materials for research
and State authority)
(b)) legal or natural person who has been entrusted with responsibility in the
the field of public administration, in connection with the performance of this scope,
(c) the originator or owner of the archival documents) stored in a public archive, and it
in the case of the following acts in respect of this archiválii or in
connection with her,
(d) the donor papers stored in) the public archives, and in the case of
perform these actions in respect of this archiválii or in connection with it.
(7) the implementing legislation sets out the maximum amount of reimbursement of the costs
the services referred to in paragraphs 1 and 4, which is entitled to claim
the public archives, and the conditions under which it is possible from the payment services
the provided archive. ".
92. In paragraph 41, the words "stored outside the archives ' shall be replaced by" that
does not belong in the custody of the archives, "the word" or "shall be replaced by the word" or "
and after the word "copy" shall be inserted after the words "public records on an analog
or replica records in digital form ".
93. In paragraph 41, the existing text shall become paragraph 1 and the following
paragraph 2, which reads as follows:
"(2) the inspection of public records belonging to the care of the public archives, with
the exception of the audiovisual archival materials belonging to the care of the national
film archive, and access to the premises of public archives for
inspection of public records are free. ".
94. In paragraph 44 (a). q) with the words "save the records to a" shall be replaced by
"to entrust to the care of archival documents".
95. In paragraph 44, point r) repealed.
Letters with)) are known as the letters r) up to).
96. In § 46 para. 1 (b). a), the words "State with statewide jurisdiction"
shall be inserted after the words "departments of State" shall be inserted after
the words "public research institutions set up those organizational
the components of the State ".
97. In § 46 para. 1 (b). (e)), and (h)), the words "in the discard control or
outside of discarding the proceedings ' shall be deleted.
98. In § 46 para. 1 (b). g), the words "or copies of public records are stored in the
The national archives or in private archives "are replaced by the words" or
copies of the records on an analog or a digital replica of the records
form belonging to his care or in the care of private archives ".
99. In § 46 para. 1 (b). I) and in § 49 paragraph 1. 2 (a). e), the words
"saved our documents" shall be replaced by "our
belonging to his care records "and the words" and copy and collate "
replaced by the words "copies and replicas".
100. In § 46 para. 1 (b). (j)), § 49 para. 1 (b). n) and section 57 (a). (b))
the words "stored public records" shall be replaced by "public records
belonging to its care. "
101. In § 46 para. 1 (b). l) and § 49 paragraph 1. 1 (b). p), the words "are not
stored in the archives "are replaced by the words" does not belong in the custody of the archives ".
102. In § 46 para. 2 of the introductory part of the provisions, the word "archive" is deleted
and after the word "care" with the words "the papers".
103. In § 46 para. 2 (a). (d)), § 49 para. 2 (a). (h)), section 52 (a). l), §
55 paragraph 1. 1 (b). g) and section 57 (a). f), the words "the saved"
replaced by the words "his custody".
104. In § 46 paragraph 3 reads:
"(3) the national archives in the custody of the papers in digital format
and) stores the records in digital form, belonging to his care and
archival documents in digital form, belonging to care archive
folders, State regional archives and the archives that are not digital
Archives and records stored in digital format on the basis of a written
the agreement in another digital archive; unless it is a in the digital archive records
form belonging to his care, the national archives for archival documents stored in
digital format only ensures the preservation of the sanctity of their
content and čitelnos
those
(b)) manages the national portal,
(c)) for the archives of the methodological and advisory function in the field of
pre-archival care of documents in digital form, and in the area of
digitization of archival documents in analog form,
(d)) performs scientific and research activities in the field of life cycle
documents in digital format,
e) provides the data needed for the register archives public records in
digital form and services for gathering and making available descriptions
public records in digital form and replica records in digital form,
f) issued an opinion on the application for a mandatory grant permission to save
public records in digital form. ".
105. In article 48, paragraph 2 shall be deleted.
The former paragraph 3 shall become paragraph 2.
106. In § 49 paragraph 1. 1 at the end of the text of subparagraph (a)) the following words "or
that belong to the scope of the national archives ".
107. In § 49 paragraph 1. 1 (b). (c)), the words "of entrepreneurs registered in
commercial register "shall be replaced by the words" commercial companies and
cooperatives, with the exception of housing cooperatives ".
108. In § 49 paragraph 1. 1 (b). e), the words "with the exception of staff"
the words "referred to in paragraph 44 (a). e),“.
109. In § 49 paragraph 1. 1 (b). f), the words "in control or out of the discard
discarding the proceedings ' shall be deleted.
110. In § 49 paragraph 1. 1 (b). I), the words "save endangered public records"
replaced by the words "the conferral of public records in the custody of the archives at risk".
111. In § 49 paragraph 1. 1 (b). j), the words "or copies of public records it
stored "there shall be substituted", copies of the records on an analog or
replica of archival documents in digital form belonging to his care. "
112. In § 49 paragraph 1. 1 (b). k), the words "or copies of public records stored
in specialised "replaced by" archives, copies of the records in the
analog or replica records in digital form due
in the care of specialized archives ".
113. In § 49 paragraph 1. 1 (b). l) the words "or copies of archival documents in the
Archives of territorial self-governing units and private archives "
replaced by the words ", copies of the records on an analog or replica
public records in digital form belonging to the care of the archives of the territorial
local authorities or private archives ".
114. In § 49 paragraph 1. 2 at the end of the text of subparagraph (a)) the following words ";
care of archival documents in digital format does not include the conservation of
inviolability of their content and readability ".
115. In paragraph 50 (b). (c)), the words "stored in specialized or
Security archives "are replaced by the words" belonging to the care
specialized archives or the security of the archives ".
116. In § 51 para. 2 the words "in a specialized archive are stored"
replaced by the words "to the care of a specialized archives belong".
117. In § 52 paragraph (c)):
"(c)) is the public records outside the control of the document shredding
the founders of the gift, offered for sale or in the custody of the documents and
for owners who request it, and with the exception of the national film
the archive also selection of archived material outside the disposal procedure for the pathogens referred
in subparagraph (a)), ".
118. In paragraph 52 (a). (e)), § 53 para. 5 and § 55 para. 1 (b). (d)), the word
"papers" shall be replaced by "in our belonging to its care
papers "and the words" and a copy of "shall be replaced by the words", and "a copy of the replica.
119. In paragraph 52 (a). f), the words "stored in these archives" are replaced by
the words "belonging to his care."
120. In paragraph 52, the text at the end of subparagraph (g)), the words "; If it is not
at the same time the digital archive, care of archival documents in digital form
It does not include the preservation of the sanctity of their content and readability ".
121. In paragraph 52 (a). (h)), the words "it imposed" shall be replaced by
"belonging to his care."
122. In § 53 para. 2 (a). (b)) and in § 53 para. 3 (b). (b)), the words "in it
stored "is replaced by" belonging to his care. "
123. In § 53 para. 4, the first sentence is replaced by the phrase "in cases of cancellation
classification for public records belonging to the care of safety archives
Converts a security file, with the exception of security archives
set up the Security Corps, or intelligence agency the United
States, these papers to the care of the specialist archive their
the founder, if it is established otherwise in the custody of the national archives. ".
124. In § 55 para. 1 (b). (b)), the words "it imposed" shall be replaced by
"due to his care."
125. In § 55 para. 1 at the end of the text of the letter f), the words ";
If the archive at the same time, taking care of archival documents in the digital
the form does not include the preservation of the sanctity of their content and
readability ".
126. In paragraph 57, at the end of the text of subparagraph (d)), the words "; If it is not
at the same time the digital archive, care of archival documents in digital form
It does not include the preservation of the sanctity of their content and readability ".
127. In paragraph 57 (a). e), the words "and the papers of individuals that is sold
or charge by its founder "is replaced by"; If it is not at the same time
the digital archive, care of archival documents in digital format does not include
the preservation of the sanctity of their content and readability ".
128. In § 58 paragraph 1 reads:
"(1) an application for the accreditation of the archive must, in addition to the General requirements for filing
According to the administrative code include
and the name and address of the registered office) archive
(b)) position in the organizational structure of the founder, if
the founder of the legal person,
(c) the purpose of the establishment of an archive)
(d) a copy of the personal National) heritage with information about
our archive will take care of,
(e) the filing of the order of the founder), where the author referred to in § 63 para. 1. ".
129. In paragraph 58, in paragraph 1, the following paragraph 2 is added:
"(2) the application referred to in paragraph 1 are also evidence of the fulfilment of the
the conditions provided for in § 61 of the archive. ".
Paragraphs 2 to 6 shall become paragraphs 3 to 7.
130. In paragraph 58, to the beginning of paragraph 3 the following sentence "the Ministry issues a
the decision on the application within 6 months from the date of its submission. ".
131. In § 58 para. 3 (c)):
"(c)) is not from the perspective of the protection of public records arising from the activities of the originator
pursuant to § 51 para. 1 the necessary files to set up, in the case of specialized
Archive, or ".
132. In § 58 para. 3 (b). (d)), the word "g)" shall be replaced by "d").
133. In § 58 para. 5, the words "(hereinafter referred to as" the founder ") ' shall be deleted.
134. In section 59 paragraph 1. 2 the words "§ 27 para. 3 and § 32 para. 3-5 "
replaced by the words "§ 27 para. 2 and § 32 para. 2 to 4 ".
135. In section 59 paragraph 1. 5 at the end of the text of the first sentence, the words ", and
within 6 months from the date of submission of the application ".
136. In section 59 paragraph 1. 5 the second sentence be deleted.
137. In section 59 paragraph 6 is added:
"(6) in the event of the withdrawal of accreditation shall designate the Department of archives, to which
care will be the records belong. Papers may be entrusted to the care of
The national archives or the State regional archive. In the case of withdrawal of the
accreditation of private contractors for the archive takes care of archival documents on the
by written agreement of the founders of the archives of another archive, if you
the founder of the private archives of which the accreditation withdrawn, papers
shall leave them in their care. The archive, which was founded by the accreditation
withdrawn, it shall notify the Ministry about the conclusion of the agreement, within 60 days from the date of
took the decision to withdraw accreditation. In the absence of
Ministry of this notification within the deadline, shall be
the first sentence and the second analogy. Costs associated with the transfer of the records to the
the archive, which will take care of them or in which they will be newly saved
shall be borne by their owner. ".
138. In § 60 para. 1, the words "or cancellation ' shall be deleted.
139. In § 60 para. 2, the number "4" is replaced by "5".
140. In paragraph 60, the following paragraph 3 is added:
"(3) the provisions of § 59 paragraph 1. 6 in the case of termination of accreditation shall apply
accordingly. ".
141. under section 60, the following new section 60a of up to 60 c, which including the following titles:
"§ 60a
Permission to store the records in digital form
(1) an application for permission to store the records in digital form
may submit only the founder of the accredited archive, except
When this application is included in the request for accreditation of the archive according to § 58.
(2) an application for permission to store the records in digital form
must in addition to the General requirements for filing in accordance with administrative regulations contain
and the name and address of the registered office), the archive and the addresses of the places of works in which will be
placed storage of archival materials in digital form,
(b)) documents to determine whether the archive complies with the conditions laid down in paragraph
paragraph 61. 2 and 4,
c) description of how storage of archival documents in digital form,
(d)) the concept of long-term preservation and protection of documents
transfer to the digital archive,
(e) identification of stored records) in digital form,
(f) a list of the metadata relating to) the description of the archival materials in digital form,
Description and registration of archive files, and description of the agents,
g) draft operating procedure of the digital archive,
h) confirmation of the national archives about the successful implementation of the trial move
public records in digital form to the national archives.
(3) the Ministry will require the mandatory opinion of the national archives to
particulars of the application referred to in paragraph 2 (a). c) to (h)).
(4) the Ministry shall issue a decision on permission to store the records in
digital form within 1 year from the date of submission of the application. Permission to save
public records in digital form cannot be granted if the binding opinion of the
The national archives to any of the formalities of the application referred to in
paragraph 2 (a). c) to (h)) is negative.
(5) the providers of security archives is created to store permissions
public records in digital form from the law the granting of accreditation; the provisions of the
the withdrawal of permission to store the records in digital form at these
the archives do not apply.
section 60b
Withdrawal of permission to store the records in digital form
(1) if the Department finds that the founder of the archive does not comply with the conditions
which it was permission to save records in digital form
granted, the obligation to impose eliminate identified shortcomings and lays down
the period within which must be removed. This period may not be longer than 1 year.
(2) if the founder fails to comply within a prescribed period the obligations imposed
referred to in paragraph 1, the Ministry permission to save the records in
digital format to be withdrawn.
(3) Permission to store the records in digital form the Ministry of
to be withdrawn at the request of the founder of the archive, and within 6 months from the date of
submission of the application.
(4) in the case of the withdrawal of permission to save records in digital form
to archive records in digital form saved on the basis of a written agreement
the founder of the archive, which has permission to save the records in
digital form is withdrawn, and the founder of another digital archive to
This digital archive. The founder of the archive, which was authorized to
saving records in a digital form is withdrawn, it shall inform the Ministry of
conclusion of the agreement, within 60 days of the date when the decision came about
withdrawal of permission to store the records in digital form.
If the Ministry has not received this notification within the deadline, shall decide on the
storage of archival documents in digital form at the national archives.
(5) the scope of the archive, whose founder was the permission to save
public records in digital form is withdrawn, to care for the records that have been
stored in the digital archive, or the national archives storing is not in
These archives. The preservation of the sanctity of the content and
the readability of these records provides a digital archive or a national
Archive.
§ 60 c
The demise of the permission to save records in digital form
(1) Permission to store the records in digital form shall be extinguished at the same time
with the withdrawal or termination of accreditation.
(2) Permission to store the records in digital form is transferred to
the legal successor of the founder of the archive. ".
142. In § 61 para. 2 (c)):
"(c)) space for storing archival materials have been secured against malicious
the action of natural effects and phenomena induced by human activity, and it
especially against the penetration of water, steam, sewage, rainwater and sewage
hazardous chemical and biological substances or exposure to physical
phenomena and against excessive dust, which could lead to damage or
the destruction of the records, ".
143. In § 61 para. 2 (a). (d)), the word "location" is replaced by
"saving".
144. In § 61 para. 2 (a). e), the words "to save" shall be replaced by "for the
store ".
145. In paragraph 61, the dot at the end of paragraph 2 is replaced by a comma and the following
subparagraph (f)), which read as follows:
"(f)) archive, which is at the same time archive, had at least
two full storage of archival materials in digital form by remote
Apart of at least 50 km as the crow flies, that are located in sites that
geographical character of the exclusive simultaneous or subsequent harmful
the action of the natural effects of or phenomena caused by human activity
leading to damage to or destruction of the records or requiring
the implementation of relief work. ".
146. In § 61 para. 3 (b). (b)), the words "public records" after the words
"income and" shall be replaced by "archival processing".
147. In § 62 para. 1, the words "in information systems with the possibility
remote access "shall be replaced by the words" in a manner allowing remote
access the "and the words" pass is the national archives or to the competent national
District archive i "shall be replaced by the words" to publish them in a way
allowing remote access ".
148. In § 62 para. 2 (a). (c)), after the words "selection," shall be replaced
"archive".
149. In § 63 para. 1 (b). and), the word "and" is replaced by a comma and the word
"i)" with the words "and to)".
150. In § 63 para. 2, the words "paragraph. 1 to 3 and 8.0 "and the words" paragraph. 1 to 4 "
be deleted, the words "paragraph 65.0" with the words "§ 66.0" and after the words "§ 68
paragraph. 1 "with the words" up to 3 ".
151. In § 63 paragraph 3 reads:
"(3) the Public actors mentioned in section 3, paragraph 3. 1 (b). a) to (d)), i), k)
and m), and the capital city of Prague exercised by the file service in
electronic form in electronic systems the file service;
If required by the specific nature of their competence, may exercise
file service in paper form or in electronic systems
the file services meeting the requirements referred to in paragraph 4.
Public actors mentioned in section 3, paragraph 3. 1 (b). (e)), g), (h)), j) and (l)), and
municipalities perform the file service in electronic form in the electronic
systems of records, or in paper form. ".
152. In § 63 paragraph 4, including the footnotes no 34 and 35 read as follows:
"(4) if the public actors mentioned in paragraph 3, first sentence,
the specific character of the scope of performance records in allows you to
paper form or in electronic form in electronic systems
the file services, file service in electronic form in
the electronic system of records, which is part of the information
a system for the handling of classified information ^ 34), this
electronic system for filing services meet the requirements of
the national standard for electronic records management systems services (hereinafter referred to as
"national standard"), with the exception of those requirements, the use of which excludes
compliance with the conditions of certification of the information system for the management of
^ 35 classified information), or the use of which excludes special
the nature of the scope of these agents; electronic filing systems and services
in these cases, you must enable the fulfilment of the obligations of the originator in accordance with § 65
paragraph. 5 and a selection of archival documents.
34) section 34 of Act No. 412/2005 Sb.
Decree No. 523/2005 Coll., on the security of information and communication
systems and other electronic devices working with classified
information and certification of shielded Chambers, as amended
regulations.
35) § 46 para. 1 of law No 412/2005 Coll. ".
153. In § 64 paragraph 1 reads:
"(1) the identification of the originator shall ensure the receipt of documents. In the case of documents in
digital form specifying the originator shall ensure their income in at least
data formats specified as output data formats and
document formats that are output from the authorized conversion
the documents contained in the data message. If the public agents
to receive documents in digital format in other data
formats, or if to receive documents in digital format on the
portable technical data carriers shall publish summary of them on the official
the Board or, if the official nezřizují plate on its Web
pages. ".
154. In § 64 paragraph 1 the following paragraph 2 is added:
"(2) the delivered documents and documents created in the designated originator
the date on which the designated agents delivered or created, must affix the
the unique identifier. The unique identifier is
courses designated by the originators of the delivered documents that contain incorrect data
format or computer program that desires to be eligible
computing the designated originator, and documents not subject to
the registration of that specified by the originator shall indicate in the spisovém procedure. Unique
the identifier is the name of the document to ensure its originality.
The unique identifier must be associated with the document. The structure and
details the creation and management of unique identifier
down implementing legislation. ".
Paragraphs 2 to 8 shall be renumbered as paragraphs 3 to 9.
155. In article 64, paragraph 3 shall be deleted.
Paragraphs 4 to 9, shall be renumbered as paragraphs 3 to 8.
156. In section 65 paragraph 1. 5, the words "convert documents in digital format to
the output data format and checking and adding the information pursuant to § 66 before
saving to registry officer "shall be replaced by" checking and adding data by
section 66 paragraph 1. 3 before saving to the Registry Office of the transfer documents in
digital format to the output data format and their measures
According to the national standard metadata ".
157. In section 65 paragraph 1. 7, the words "advanced electronic signature
based on a qualified certificate issued by an accredited
certification service provider (hereinafter referred to as "the acclaimed electronic
the signature "), the electronic mark based on a qualified system
a certificate issued by an accredited certification service provider
(hereinafter referred to as "e-mark") "shall be replaced by the words" recognized
a recognised electronic signature, electronic tags ".
158. In paragraph 65, the following paragraph 8 is added:
"(8) Public agents executing file service in electronic
form in the electronic system records pursuant to § 63 para. 4 may
in its spisových systems use special technology
resources that can be used exclusively for the needs of the respective originator
replace the acclaimed electronic signature, recognized electronic tag
or a qualified timestamp; These specific technological
resources must allow for the detection of any subsequent changes to the data in the
document and clearly verify the identity of the person who is it
subscribed. The provisions of § 69 para. 5 the special technology
resources apply mutatis mutandis. ";"
159. the heading of section 66 is repealed.
160. In paragraph 66, the following shall be added at the end of paragraph 2, the phrase "Destination agents
be sent to the records retention and disposal plan to the relevant archive immediately after
its release or change. The archive records retention and disposal schedule
saved. ".
161. In section 66 paragraph 3 the following paragraph 4 is added:
"(4) the beginning of the passage of discarding periods provides the Startup event, which is
means the execution of the document or the closure of the file. If specified by the originator of the
for the document or the file provides another fact as
trigger attaches to discarding the period referred to in spisovém and
discard the plan Note on this boot event. ".
The current paragraph 4 shall become paragraph 5.
162. In section 66 paragraph 5, including footnote No. 36:
"(5) the length of the discarding periods document may be no more than 100 years,
unless otherwise provided by special law otherwise ^ 36).
for example, section 36) 90 of Act No. 301/2000 Coll., on the civil registry, the name and
last name and amending certain related laws. ".
163. In paragraph 66, the following paragraph 6 is added:
"(6) the structure and process details the creation and retention plan
down implementing legislation. ".
164. In paragraph 67, the word "day" is replaced by "time" and the words
"to the" the words "or inserts into the document
the relevant ".
165. In § 68 para. 1, after the word "stored" the words "in accordance with
creation and retention plan, "and the words" 1 to 3 and 8 "are replaced by the
the number "3".
166. In paragraph 68, at the end of paragraph 3 the following sentence "specified by the originator of the
inform prior to his demise and the archive of the measures in
with regard to the dissolution of the made in relation to the registry or administrative
Archive. ".
167. In § 68 para. 4 (b). a), b), (d)), and (e)), the word "Save" is replaced by
the word "store".
168. In § 68 para. 4 (c)):
"(c) the rooms for storing documents) must be secured against
harmful effect of natural effects and phenomena induced by the activities of the
humans, especially against the penetration of water, steam, rainwater and sewage
sewage, hazardous chemical and biological substances or exposure
physical phenomena and against excessive dust, which could lead to
damage or destruction of documents ".
169. § 68a including title:
"§ 68a
Document separation
(1) when you cancel the specified originator is performed file separation. Prior to its
you start processes until the specified by the originator of the plan of implementation of the file separation
including a timesheet that will send to the appropriate archive.
(2) the filing for legal separation is preparing and performs before the date your cancellation
until the specified by the originator, is finishing her legal successor out of specified
the causative agent, and if it is not, the founder, the founder or the liquidator.
(3) to have been disposed of documents and writings, which closed discarding period has expired,
puts the specified until the originator to the shredding of the proceedings.
(4) to have been disposed of documents and closed the writings which passed discarding
the period of time is saved in the registry or the administrative archive specified by the originator,
that is the legal successor of the abolished the designated originator, founder,
the founder or originator, which passes the scope of the defunct
specified by the originator. If the successors in title and if there are no more between them to
the agreement, decide on the takeover of the registry or the administrative archives of the
Administrative Office of archives and records services supervisor performance
the implementation of discard control. The transmitted files and documents shall be entered
in pass-through list.
(5) Pending documents and writings to be finalised until the specified by the originator of the passes
so, who has entered the scope to execute them. Until the specified by the originator of the
writes the passed documents and files to the pass-through of the list. The one who
She moved the scope to respond as follows written documents and writings, it is
takes over and registers under section 64.
(6) determination of the originators of the procedure in the implementation file of separation in
its spisových systems.
(7) the provisions of paragraphs 1 to 6, for the cancellation of the organizational part of the
designated agents, when you change the scope of designated agents or their
organisational components and when you change the owner or the holder of the document
shall apply mutatis mutandis. ";"
170. In § 69 para. 3 (b). a), the words "within the governing scope of services"
shall be deleted.
171. In § 69 para. 3 (b). (b)), the words ', which shall supervise the
the file service "are replaced by the words" in managing the scope of their
the founder ".
172. In § 69 para. 3 at the end of subparagraph (d)), a comma is replaced by a dot and the
the letter e) shall be deleted.
173. In paragraph 69, paragraphs 1 to 3 shall be deleted.
Paragraphs 4 to 8 shall be renumbered as paragraphs 1 to 5.
174. In § 69 para. 1 the word "format" is replaced by "data
the format "and the word" his "shall be deleted.
175. In § 69 para. 2, the words "paragraph 3" shall be replaced by the words "§ 3 (1).
4 ", the word" format "are replaced by the words" data format ", the words
"paragraph 4" shall be replaced by the words "paragraph 1", the words "or format change"
are replaced by the words "or change the data format" and the word "violation"
replaced by the words "the failure of the intact".
176. In § 69 para. 3, the word "format" is replaced by "data
the format of "and the words" signature, "shall be inserted after the word" recognized ".
177. In § 69 para. 3 at the end of the text of the first sentence, the words ", and
force qualified certificates on which they are based ".
178. In § 69 para. 4, the word "format" is replaced by "data
the format ".
179. In § 69 para. 4, the words "the date of the transfer shall affix specified
the originator of the recognized electronic signature of the person responsible for the transfer of
document in an analog or digital document format change
form, or your electronic marker and a qualified time
stamp "are replaced by the words" shall affix specified by the originator of the clause, which
contains information about how to convert or changes the data format,
signed recognized electronic signature of the person responsible for the
convert from the document in an analog or change the data format
a document in digital form or electronic marker
specified by the originator, and sealed by a qualified timestamp ".
180. In § 69a is added at the end of paragraph 4, the phrase "data relating to the
convert or changes the data format, lays down detailed legal
prescription. ".
181. In § 69 paragraph 5 is added:
"(5) unless it is the opposite, a document in digital form shall be deemed to
right, if it was signed by a recognized electronic signature or marked
a recognized electronic marker of a person who was at the time of
sign or designation shall be entitled to, and then for the period of validity of
recognised and qualified electronic signature certificate on
which is recognised electronic signature based, or recognised by the
electronic tags and a qualified system certificate,
which is a recognized electronic sign based, provided with a qualified
a time stamp. This also applies to documents arising from the activities of the agents,
who are not designated by the originators. ".
182. in the § 70 para. 1, the following point (j)) the following new subparagraph to), which read as follows:
"to) the details and structure of the process creation and retention plan".
Letters to) and m) are known as the letter l) to (n)).
183. In paragraph 70, at the end of paragraph 1, the period is replaced by a comma and the following
letter o) and (p)), which read as follows:
"on the structure of the data record) on the results of the verification of a recognised
a recognised electronic signature, electronic tags, or
a qualified time stamps,
p) data relating to the assignment or changes the data format of a document
contained in the notice in accordance with § 69 para. 4. ".
184. In section 70 para. 2 of the introductory part, the words "provisions for electronic
systems of records "are deleted.
185. In paragraph 70, the following paragraph 3 is added:
"(3) the Ministry shall publish in the Ministry and in the manner
allowing remote access sample code of conduct digital archive. ".
186. In § 71 para. 1 (b). (b)) at the end of the text of point 3, the words
"or other organizational part of the State with statewide jurisdiction".
187. In § 71 para. 1 (b). (c)) at the end of the text of point 7, the words
"or other organizational part of the State with statewide jurisdiction".
188. In article 71, paragraph 2 shall be deleted.
The former paragraph 3 shall become paragraph 2.
189. In § 73 para. 1 at the end of subparagraph (a)) the word "or" shall be deleted and for the
the letter a), the following new subparagraph (b)), which read as follows:
"(b)) does not return the loan, or archiválii".
Letter b) is renumbered as paragraph (c)).
190. In § 73 para. 4 (b). (b)), the words "(a). (b)) "shall be replaced by" subparagraph (a).
(c)) ".
191. In § 73 para. 7 (b). a), the words "referred to in paragraph ' shall be
the words "1 (b). (b)) or paragraph ".
192. In § 73 para. 7 (b). (b)), the words "referred to in paragraph 1 ' shall be
' (a). or (c))) ".
193. In section 74, paragraph 1 reads:
"(1) a legal entity or individual entrepreneur commits
the administrative offense by
and will damage or destroy archiválii) or document,
(b)) will not return the loan, or archiválii
(c)) archiválii without permission according to § 29 para. 1. ".
194. In section 74 para. 3 of the introductory part of the provisions, the word "misdemeanor"
replaced by the words "administrative offence".
195. In section 74 para. 3 (b). (b)), the words "(a). (b)) "shall be replaced by" subparagraph (a).
(c)) ".
196. In section 74 paragraph 6, the following paragraph 7 is added:
"(7) a legal entity or individual entrepreneur as private
the originator or as a legal successor to the public or
being a causative agent is guilty of an administrative offense by that, in contrast
with section 3 (2). 3 scroll a document, or does not allow selection of archival documents, if
the documents to which he had the obligation to keep documents and allow
the selection of the records already, of which he is the originator of this legal person or
entrepreneurial natural person legal successor. ".
Paragraphs 7 to 9 shall be renumbered as paragraphs 8 to 10.
197. In section 74 paragraph 8 reads as follows:
"(8) specified by the originator commits an administrative offense, by
and) contrary to section 63 does not perform file service,
b) contrary to section 66 paragraph 1. 1 will not issue the order of filing or filing and shredding
plan, or in the contrary to section 66 paragraph 1. 2 does not identify documents by
the discard of the order, and the creation and retention of the plan spisovými characters
skartačními characters and skartačními deadlines,
(c) fails to comply with the conditions for storage) documents referred to in section 68, or
(d)) in violation of § 68 para. 1 does not store documents by reference and
shredding plan. ".
198. In section 74 para. 10 (a). a), the words "referred to in paragraph ' shall be
the words "1 (b). (b)) or paragraph ".
199. In section 74 para. 10 (a). (b)), after the words "in accordance with" the words
"paragraph 1 (b). and), "for the number" 7 "shall be inserted after the words", 8 "and the number
"8" is replaced by the number "9".
200. In section 74 para. 10 (a). (c)), the words ' paragraph 1 ' shall be replaced
"(b). (c)) ".
201. In § 78 para. 3, the words "by him saved ' is replaced by
"due to his care."
202. in paragraph 78, the following new section 78a and 78b shall be inserted:
"§ 78a
The provisions of § 26 para. 1 and 2, section 27 para. 1 and 2, section 29 and 32 shall not apply
for acts done under this Act with the archival materials in the digital
form.
§ 78b
The rights and obligations of the founder of the archive in the case archive, perform the
that is a legal entity, the national archives, the State regional
the archives and the archives of the security services, these archives. ".
203. In § 79 paragraph 2. 2 (a). and in) the words "discard control and selection
public records outside the discarding of proceedings "shall be deleted.
204. In § 80 para. 4, after the words "National Gallery", the words "in the
Prague ".
205. In paragraph 83, paragraph 3 reads:
"(3) the Papers selected from the documents arising in the area of the registry office or from
documents relating to the issue of the nationality of the United
Republic or the elections to councils of territorial self-governing units,
The Chamber of Deputies, the Senate and the European Parliament, belongs to the care
The national archives or the appropriate State regional archive. ".
206. section 86 shall read:
"§ 86
The Ministry issues a decree for the implementation of § 9 para. 2, article 15, paragraph 2. 1, § 19,
§ 24 para. 3, § 31 para. 2, § 36, § 40 paragraph 2. 7, § 56 para. 4, § 61
paragraph. 9, § 64 para. 2, section 66 paragraph 1. 6, § 69 para. 4 and § 70 para. 1. ".
207. the annex No. 1 including the title reads as follows:
"Appendix No. 1 to the law no 499/2004 Sb.
Documents arising from the activities of business enterprises, cooperatives
the exception of cooperatives of apartment and notaries, which are these, under the conditions
provided for in this law shall be obliged to store and allow them choice
public records
I. Documents arising from the activities of commercial companies and cooperatives
the exception of cooperatives of apartment
1. the documents on the generation, transformation and dissolution of the originator
and the) founding documents
b) statutes, the statutes, rules of procedure, business schedules and diagrams,
c) documents on the transformation of legal persons,
(d)) of the cancellation and the demise of the documentation.
2. the documents on the management of the originator
and) protocols and the minutes of the meetings of the Board and of the supervisory authority,
report of the supervisory body, minutes of shareholders ' meetings, the minutes of the
meetings of the management
(b)) of the annual report,
(c) audit reports).
3. the documents concerning the property of the originator
and) extraordinary inventory in the creation, Division or liquidation of
commercial companies and cooperatives, with the exception of housing cooperatives,
(b)) the contract of transfer of ownership of real estate law and of the Charter of
certifying the transition of ownership rights to real estate,
(c) registration and certification documentation) of the trade marks.
4. Financial documents
of the financial statements.
5. the documents relating to the business of the originator
and) business plans, development studies,
(b)) and a longer production programs, the analysis of annual with comments,
(c) the product (documentation) of the final assembly or assembly drawings, brochures,
catalogs, container),
d) awards.
II. documents arising from the activities of notaries
1. Your own documents
notarial acts.
2. Books, registers and other equipment according to the Accounting Office
order of the Notarial Chamber of the Czech Republic
and) list of wills,
(b) a list of documents relating to the administration of) heritage,
c) registry in particular for enrollment
1. acts in the notarial activity referred to in section 2 of the notarial regulations (with the exception of
legalization and certification under section 73 and 74 of the notary procedure),
2. the legal assistance provided by a notary within other activities pursuant to section 3
paragraph. 1 notarial procedure,
3. the acts of the other activities of a notary under § 3 para. 2 and 3 of the notarial regulations,
If they are not written to another register kept by the notary public,
(d) a register of probate files of evidence) that the competent court has submitted a
Notaries as court Commissioners to discharge and perform acts in probate
management,
(e)) the book of notary escrow,
(f)) book protest. ".
208. Appendix 3 shall be deleted.
Annex No. 4 is renumbered as annex 3.
209. in annex No. 3) in (a) paragraph 10 shall be replaced by the word "Prague"
the word "Dobřichovicích".
Article. (II)
Transitional provision
Categorization of the records, and operations related to its implementation made by the
to the date of entry into force of this Act shall remain its abolition
unaffected.
Article. (III)
The publication of the full text of the Act
The Prime Minister shall be empowered, in the collection of laws promulgated the full text
Law No. 499/2004 Coll. on Archives and records service, as is apparent from the
the laws of it changing.
PART TWO
Amendment of the Act on electronic signature
Article. (IV)
Act No 227/2000 Coll. on electronic signature and amending certain
other laws (the law on electronic signature), as amended by Act No.
229/2002 Coll., Act No. 517/2002 Coll., Act No. 441/2004 Coll., Act No.
501/2004 Coll., Act No. 633/2004 Coll., Act No. 444/2005 Coll., Act No.
110/2007 Coll., Act No. 124/2008 Coll., Act No. 190/2009 Coll., Act No.
223/2009 Coll., Act No. 227/2009 Coll., Act No. 281/2009 Coll., Act No.
101/2010 Coll. and Act No. 424/2010 Coll., shall be amended as follows:
1. In paragraph 2 (a). (d)), the words "recording media" shall be replaced by
"technical information", and at the end of the text of subparagraph (d))
the words ", as well as data on technical supports in the form of
the data file ".
2. In paragraph 2 (a). w) after the word "used", the words
"supplier of certification services for the creation or verification
electronic signatures or "and the words" or for the creation or verification
electronic signatures "are deleted.
3. § 2, letter s) deleted.
Letter from) is referred to as the letter y).
4. In article 6 (1). 5 of the introductory part, the words ' the provisions of information and
documentation "shall be replaced by the word" documents ".
5. In section 6 paragraph 6 is added:
"(6) Discarding period-related documents provided by the
qualified certification services under this Act, which
maintains a qualified certification services provider, is 10 years.
After this deadline, the qualified provider of certification services
stores for the next 20 years of data to allow the unambiguous
the identification of the person signing or indicating that the person in the range name,
where appropriate, the name, last name, social security number or date of birth and the number
the document on which to base the signer's identity has been verified, and
qualified certificates issued or qualified system
certificates. Qualified provider is obliged to ensure that it
the documents referred to in paragraph 5 that is maintained and the information referred to in the second sentence before
loss, misuse, destruction or damage. All the documents referred to in
the first sentence may be a qualified provider of certification services
to take and store in electronic form. If this law
otherwise, they shall be taken in the handling of the documents contained
According to the law on Archives and records services. ".
6. Footnote 2 shall be deleted.
7. In paragraph 6 of paragraph 6 the following paragraph 7 is added:
"(7) Qualified certification services provider shall forward the lists
certificate revocation in a given year, which were released as
qualified, the Ministry, within the time limit until 31 December 2006. January calendar
the year following the expiration of 10 years from the end of the calendar year in
where were these lists released. ".
The present paragraph 7 shall become paragraph 8.
8. in § 9 para. 2, letter g) the following point (h)), which read as follows:
"h) exposes the way allowing remote access information about
the conditions of validation of the acclaimed electronic signature or recognised by the
electronic tags, including links to applications under section 11 (1) 5, ".
Letter h) is referred to as the letter i).
9. section 11 including footnote # 9 is added:
"section 11
(1) to sign or marking of a document in the form of a data message,
which makes the Act against
and the State)
(b) the territorial samosprávnému unit)
(c)) legal person established by law or established by the State-based
the territorial Government or a legal person established under the law,
(d) legal entity not listed in) (a)) to c), and engaged in
competence in the field of public administration, where this document
the scope of the,
e) physical person performing the competence in the field of public administration,
If a document of this scope,
You can only use recognized electronic signature or recognised
an electronic tag.
(2) to sign or marking of a document in the form of a data message,
through which makes the Act of the person referred to in paragraph 1 (b). a) to
(c) in the performance of the Act) or the scope of the person in the field of public administration
referred to in paragraph 1 (b). (d)), and (e)), may be used only to recognized
an electronic signature or a recognised electronic tag.
(3) a recognized electronic signature means
and) advanced electronic signature based on a qualified certificate
certificate issued by an accredited certification service provider, and
with instructions that allow you to uniquely identify
the signatory;
b) advanced electronic signature based on a qualified certificate
issued by a certification service provider which is established outside the
the territory of the Czech Republic, if the qualified certificate is issued within the
Services held in the list of trusted certificate services as
the service for which the provision is a provider of certification services
accredited, or as a service, over which the provision is carried out
supervision in accordance with the European Union ^ 3a).
(4) a recognized electronic marker means the electronic tag
based on a qualified certificate issued by an accredited system
the provider of certification services.
(5) if in the case of signing or marking the document according to the
paragraph 2 recognized electronic signature or a recognized electronic
tag in the reference format set out in the applicable legislation directly
The European Union ^ 9), a person referred to in paragraph 2 in advance
and shall notify the Ministry of existing options) authentication acknowledged
an electronic signature or a recognised electronic tags that meet the
requirements directly applicable European Union legislation ^ 9), and
(b)) shall make available to an unlimited and free use of means capable of
remote access application that will allow instant verification of a recognised
an electronic signature or a recognised electronic tags by letter
and).
9) Commission decision 2011/130/EC of 25 March 2002. February 2011
laying down minimum standards for the cross-border processing of documents
electronically signed by the competent authorities in accordance with Directive 2006/123/EC
The European Parliament and of the Council on services in the internal market ".
10. in section 18 para. 1 letters h) and (i)):
"(h)) does not retain the documents and information referred to in section 6 (1). 5 and 6, or
I) does not ensure retained documents and data from loss, misuse,
destruction or damage under section 6 (1). 6. "
11. in section 18 para. 1, point j) repealed.
12. in paragraph § 18a. 1 letters h) and (i)):
"(h)) does not retain the documents and information referred to in section 6 (1). 5 and 6, or
I) does not ensure retained documents and data from loss, misuse,
destruction or damage under section 6 (1). 6. ".
13. in paragraph § 18a. 1, point j) repealed.
14. in section 20 (2). 4, the words "the procedures applied by the public authorities
When you send and receive data messages through electronic
Registrar pursuant to § 11 (1) 4 "shall be replaced by" procedures for verification
the validity of the advanced electronic signature, electronic tags,
a qualified certificate a qualified system certificate and
a qualified time stamps ".
PART THREE
To change the code of civil procedure
Article. In
Act No. 99/1963 Coll., the code of civil procedure as amended by Act No. 36/1967
Coll., Act No. 158/1969 Coll., Act No. 50/1973 Coll., Act No. 20/1975
Coll., Act No. 135/1982 Coll., Act No. 180/1990 Coll., Act No. 328/1991
Coll., Act No. 519/1991 Coll., Act No. 263/1992 Coll., Act No. 24/1993
Coll., Act No. 171/1993 Coll., Act No. 114/1994 Coll., Act No. 152/1994
Coll., Act No. 216/1994, Coll., Act No. 84/1995 Coll., Act No. 118/1995
Coll., Act No. 160/1995 Coll., Act No. 237/1995 Coll., Act No. 247/1995
Coll., Constitutional Court declared under no. 31/1996 Coll., Act No.
142/1996 Coll., the Constitutional Court declared under no. 269/1996 Coll.,
Act No. 202/1997 Coll., Act No. 227/1997 Coll., Act No. 15/1998 Coll.,
Act No. 91/1998 Coll., Act No. 167/1998 Coll., Act No. 326/1999 Coll.
Act No. 360/1999 Coll., the Constitutional Court declared under no.
2/2000 Coll., Act No. 27/2000 Coll., Act No. 30/2000 Coll., Act No.
46/2000 Coll., Act No. 105/2000 Coll., Act No. 130/2000 Coll., Act No.
155/2000 Coll., Act No. 204/2000 Coll., Act No. 220/2000 Coll., Act No.
227/2000 Coll., Act No. 367/2000 Coll., Act No. 366/2000 Coll., Act No.
120/2001 Coll., Act No. 137/2001 Coll., Act No. 231/2001 Coll., Act No.
273/2001 Coll., the Constitutional Court declared under no. 276/2001 Coll.
Act No. 311/2001 Coll., Act No. 451/2001 Coll., Act No. 491/2001 Coll.
Act No. 501/2001 Coll., Act No. 151/2002 Coll., Act No. 202/2002 Coll.
Act No. 229/2002 Coll., Act No. 309/2002 Coll., Act No. 320/2002 Coll.
Constitutional Court declared under no. 476/2002 Coll., Act No.
88/2003 Coll., Act No. 120/2004 Coll., the Constitutional Court declared
under Act No. 153/2004 Coll., Act No. 235/2004 Coll., Act No. 256/2004 Coll.,
Act No. 340/2004 Coll., Act No. 435/2004 Coll., Act No. 501/2004 Coll.
Act No. 561/2004 Coll., Act No. 561/2004 Coll., Act No. 628/2004 Coll.
Act No. 59/2005 Coll., Act No. 170/2005 Coll., Act No. 205/2005 Coll.
Act No. 216/2005 Coll., Act No. 340/2005 Coll., Act No. 377/2005 Coll.
Act No. 383/2005 Coll., Act No. 413/2005 Coll., Act No. 56/2006 Coll.
Act No. 57/2006 Coll., Act No. 79/2006 Coll., Act No. 112/2006 Coll.
Act No. 115/2006 Coll., Act No. 115/2006 Coll., Act No. 135/2006 Coll.
Act No. 135/2006 Coll., Act No. 135/2006 Coll., Act No. 189/2006 Coll.
Act No. 216/2006 Coll., Act No. 233/2006 Coll., Act No. 262/2006 Coll.
Law No 267/2006 Coll., Act No. 309/2006 Coll., Act No. 315/2006 Coll.
Act No. 296/2007 Coll., Act No. 104/2008 Coll., Act No. 123/2008 Coll.,
Act No. 126/2008 Coll., Act No. 129/2008 Coll., Act No. 259/2008, Coll.,
Act No. 274/2008 Coll., Act No. 297/2008 Coll., Act No. 305/2008 Coll.,
Act No. 384/2008 Coll., Act No. 7/2009 Coll., Act No. 198/2009 Coll.,
Act No. 218/2009 Coll., Act No. 227/2009 Coll., Act No. 281/2009 Coll.,
Act No. 285/2009 Coll., Act No. 286/2009 Coll., Act No. 420/2009 Coll.,
Constitutional Court declared under no 48/2010 Coll., Act No.
347/2010 Coll., Act No. 409/2010 Coll., Act No. 69/2007 Coll., Act No.
139/2011 Coll., Act No. 186/2007 Coll., Act No. 188/2007 Coll., Act No.
218/2007 Coll., Act No. 355/2007 Coll., Act No. 364/2011 Coll., Act No.
420/2010 Coll., Act No. 458/2007 Coll. and Act No. 470/2006, is amended
as follows:
1. In section b, paragraph 2. 3, the word "affix" is replaced by "signs" and
the words "an advanced electronic signature based on a qualified
a certificate issued by an accredited certification service provider
(hereinafter referred to as "recognised electronic signature") or electronic marker
based on a qualified system certificate issued by the
an accredited certification service provider "shall be replaced by
"recognized electronic signature or mark recognized by electronic
the brand name of the Court ".
2. In § 42 para. 5, the words "provided with advanced electronic signature
based on a qualified certificate issued by an accredited
the provider of certification services "shall be replaced by the words" signed by an
recognized electronic signature ".
3. § 47 para. 2 and in article 50f para. 2, the words "bearing his guaranteed"
replaced by the words "signed his acclaimed".
4. In section 158 paragraph 2. 1 the word "bears" is replaced by the word "signed".
5. In article 174a of the paragraph. 1 the word "guaranteed" shall be replaced by "recognized".
PART FOUR
Amendment to the Trade Licensing Act
Article. (VI)
In annex No. 3 "Franchised" to Act No. 455/1991 Coll., on the
trades (Trade Act), as amended by Act No.
499/2004 Coll., in the column headed "Note" in the fifth line of business
"Registry Office", the words "paragraph. 1 "shall be replaced by" paragraph. 4. "
PART FIVE
Amendment of the commercial code
Article. (VII)
In § 75a para. 2 of the Act No. 513/1991 Coll., the commercial code, as amended by
Act No. 366/2000 Coll. and Act No. 499/2004 Coll., the other in a sentence
the words "from the commercial register" the words ", with the exception of housing
the cooperative ".
PART SIX
Amendment of the Act on accounting
Article. (VIII)
Act No. 563/1991 Coll., on accounting, as amended by Act No 117/1994 Coll.
Act No. 227/1997 Coll., Act No. 492/2000 Coll., Act No. 353/2001 Coll.
Act No. 441/2003 Coll., Act No. 256/2004 Coll., Act No. 669/2004 Coll.
Act No. 179/2005 Coll., Act No. 495/2005 Coll., Act No. 57/2006 Coll.
Act No. 81/2006 Coll., Act No. 230/2006 Coll., Act No. 262/2006 Coll.
Act No. 69/2007 Coll., Act No. 261/2007 Coll., Act No. 296/2007 Coll.
Act No. 348/2007 Coll., Act No. 126/2008 Coll., Act No. 304/2008 Coll.,
Act No. 227/2009 Coll., Act No. 230/2009 Coll., Act No. 410/2010 Coll.,
Act No. 188/2007 Coll., Act No. 355/2007 Coll., Act No. 428/2007 Sb.
and Act No. 458/2010 Coll., shall be amended as follows:
1. In § 33 para. 4, after the word "comprising" is inserted after the word "recognized" and
After the words "on the validity of" shall be inserted the word "recognized".
2. In § 33a paragraph 1. 3, after the words "the signature or Word
"recognized".
3. § 33a paragraph 1. 4, the words "an advanced electronic signature based on a
the qualified certificate "shall be replaced by the words" recognized electronic
signature ".
4. In § 33a paragraph 1. 5 (b). (b)), after the words "the signing" is a Word
"recognized".
5. § 33a paragraph 1. 5 (b). (c)), after the words "the signing"
the word "recognized".
PART SEVEN
Amendment of the Act on the Organization and implementation of social security
Article. (IX)
Act No. 582/1991 Coll., on the Organization and implementation of social security,
as amended by Act No. 586/1992 Coll., Act No. 38/1993 Coll., Act No.
160/1993 Coll., Act No. 308/1993 Coll., Act No. 241/1994 Coll., Act No.
118/1995 Coll., Act No. 160/1995 Coll., Act No. 138/1997 Coll., Act No.
306/1997 Coll., Act No. 93/1998 Coll., Act No. 222/1999 Coll., Act No.
356/1999 Coll., Act No. 360/1999 Coll., Act No. 18/2000 Coll., Act No.
29/2000 Coll., Act No. 132/2000 Coll., Act No. 133/2000 Coll., Act No.
155/2000 Coll., Act No. 155/2000 Coll., Act No. 220/2000 Coll., Act No.
238/2000 Coll., Act No. 258/2000 Coll., Act No. 408/2000 Coll., Act No.
116/2001 Coll., the Act No. 353/2001 Coll., Act No. 151/2002 Coll., Act No.
263/2002 Coll., Act No. 265/2002 Coll., Act No. 309/2002 Coll., Act No.
320/2002 Coll., Act No. 519/2002 Coll., Act No. 361/2003 Coll., Act No.
424/2003 Coll., Act No. 422/2003 Coll., Act No. 461/2003 Coll., Act No.
53/2004 Coll., Act No. 167/2004 Coll., Act No. 283/2004 Coll., Act No.
359/2004 Coll., Act No. 435/2004 Coll., Act No. 501/2004 Coll., Act No.
168/2005 Coll., Act No. 361/2005 Coll., Act No. 381/2005 Coll., Act No.
413/2005 Coll., Act No. 24/2006 Coll., Act No. 70/2006 Coll., Act No.
81/2006 Coll., Act No. 109/2006 Coll., Act No. 112/2006 Coll., Act No.
161/2006 Coll., Act No. 189/2006 Coll., Act No. 216/2006 Coll., Act No.
267/2006 Coll., Act No. 342/2006 Coll., Constitutional Court
the declared under no. 405/2006 Coll., Act No. 585/2006 Coll., Act No.
152/2007 Coll., Act No. 181/2007 Coll., Act No. 261/2007 Coll., Act No.
270/2007 Coll., Act No. 296/2007 Coll., Act No. 305/2008 Coll., Act No.
306/2008 Coll., Act No. 382/2008 Coll., Act No. 479/2008 Coll., Act No.
41/2009 Coll., Act No. 158/2009 Coll., Act No. 227/2009 Coll., Act No.
281/2009 Coll., Act No. 303/2009 Coll., Act No. 326/2009 Coll., Act No.
347/2010 Coll., Act No. 73/2007 Coll., Constitutional Court declared
under no 177/2007 Coll., Act No. 180/2007 Coll., Act No. 220/2007 Coll.
Act No. 263/2011 Coll., Act No. 329/2007 Coll., Act No. 341/2007 Coll.
Act No. 348/2011 Coll., Act No. 364/2007 Coll., Act No. 365/2007 Coll.
Act No. 366/2007 Coll., Act No. 367/2007 Coll., Act No. 375/2007 Coll.
Act No. 428/2007 Coll., Act No. 458/2007 Coll. and Act No. 470/2011
Coll., is amended as follows:
1. In § 39 para. 1, the words "its electronic" shall be replaced by
"e-mail address".
2. In article 123e para. 1 the words "an advanced electronic signature ^ 68a)
based on a qualified certificate issued by an accredited
the provider of certification services "shall be replaced by the words" recognized
electronic signature ^ 68a) ".
3. In article 123e para. 2 (a). a), the words "to a designated electronic"
replaced by the words "by sending to the specified email address".
PART EIGHT
cancelled
Article. X
cancelled
PART NINE
Amendment of the Act on criminal records
Article. XI
Act No. 266/1994 Coll., on criminal records, as amended by Act No. 126/2003
Coll., Act No. 253/2006 Coll., Act No. 342/2006 Coll., Act No. 179/2007
Coll., Act No. 261/2007 Coll., Act No. 345/2007 Coll., Act No. 124/2008
Coll., Act No. 130/2008 Coll., Act No. 227/2009 Coll., Act No. 306/2009
Coll., Act No. 357/2011 Coll. and Act No 420/2006, is amended as follows:
1. In section 11a. 3, the word "guaranteed" shall be replaced by "recognized" and
the word "stored" shall be replaced by the words "signed by an acknowledged".
2. In section 11a. 3, after the word "marked" is inserted after "recognized".
3. In article 16a, paragraph 2. 1 the words "fitted with a guaranteed" shall be replaced by
"signed by a recognized".
4. In article 16a, paragraph 2. 3 and 4, the word "bearing" is replaced by "signed
a recognized ".
PART TEN
Agriculture (Amendment) Act
Article. (XII)
In section 4 c of paragraph 1. 2 of law No 249/1997 Coll., on agriculture, as amended by law
No 291/2009 Coll., the words "an advanced electronic signature of the responsible
the competent surveillance authority worker ^ 56) is based on a
the qualified certificate issued by an accredited provider
certification services under special legislation ^ 58) "are replaced by
the words "recognized electronic signature ^ 58) of the person responsible
the competent surveillance authority ^ 56) ".
PART ELEVEN
Amendment of the Act on addictive substances
Article. XIII
Act No. 167/1998 Coll., on substance abuse and on the amendment of certain other
laws, as amended by Act No 354/1999 Coll., Act No. 121/2000 Coll., Act
No 132/2000 Coll., Act No. 57/2001 Coll., Act No. 185/2001 Coll., Act
No. 407/2001 Coll., Act No. 320/2002 Coll., Act No. 222/2003 Coll., Act
No 362/2004 Coll., Act No. 228/2005 Coll., Act No. 74/2006 Coll., Act
No 124/2008 Coll., Act No. 41/2009 Coll., Act No. 281/2009 Coll., Act
No 291/2009 Coll., Act No. 106/2007 Coll., Act No. 341/2010 Coll., Act
No 375/2007 Coll. and Act No. 18/2009 Coll., is amended as follows:
1. in section 26 para. 1, § 27 para. 1, § 27a para. 1, section 29 of the introductory part
the provisions of § 30 and in § 31 para. 1 the word "guaranteed" shall be replaced by
"recognized".
2. in section 28 para. 3, the words "bearing guaranteed" shall be replaced by
"signed by a recognized".
PART TWELVE
Amendment of the Act on free access to information
Article. XIV
Act No. 106/1999 Coll., on free access to information, as
Act No. 101/2000 Coll., Act No. 155/2000 Coll., Act No. 39/2001 Coll.
law no 413/2005 Coll., Act No. 61/2006 Coll., Act No. 110/2007 Coll.
Law No 32/2008 Coll., Act No. 254/2008 Coll., Act No. 274/2008 Coll.,
Act No. 227/2009 Coll., Constitutional Court declared under no.
123/2010 Coll. and Act No. 375/2010 Coll., shall be amended as follows:
1. in § 5 para. 1 the letter j) is added:
"j) e-mail address Registrar.".
2. in § 14 para. 3 the words "registrars ^ 13f)" are replaced by
the words "electronic addresses of the registrars ' and ' electronic address
Mailroom is not published "are replaced by the words" electronic addresses
Registrars are not disclosed. "
Footnote No. 13f is deleted, including a link to the note under
line.
PART THIRTEEN
Amendment of the Act on civil licences
Article. XV
Act No. 326/1999 Coll., on citizens ' licences, as amended by Act No.
491/2001 Coll., Act No. 320/2002 Coll., Act No. 53/2004 Coll., Act No.
559/2004 Coll., Act No. 395/2005 Coll., Act No. 21/2006 Coll., Act No.
115/2006 Coll., Act No. 137/2006 Coll., Act No. 342/2006 Coll., Act No.
129/2008 Coll., Act No. 239/2008 Coll., Act No. 227/2009 Coll. and act
No 424/2010 Coll., shall be amended as follows:
1. In section 4, paragraph 4. 2 the words "fitted with advanced electronic signature
based on a qualified certificate issued by an accredited
the provider of certification services "shall be replaced by the words" signed
recognized electronic signature ".
2. in paragraph § 18a. 6, the words "an advanced electronic signature based
on the qualified certificate issued by an accredited provider
certification services "shall be replaced by the words" recognized electronic
signature ".
PART OF THE FOURTEENTH
Amendment to the law on travel documents
Article. XVI
Act No. 326/1999 Coll. on travel documents and on the amendment of Act No.
283/1991 Coll., on the police of the Czech Republic, as subsequently amended,
(the law on travel documents), as amended by Act No. 218/2002 Coll., Act
No. 320/2002 Coll., Act No. 539/2004 Coll., Act No. 561/2004 Coll., Act
No 136/2006 Coll., Act No. 106/2007 Coll., Act No. 379/2007 Coll., Act
No 140/2008 Coll., Act No. 274/2008 Coll., Act No. 41/2009 Coll., Act
No 197/2009 Coll., Act No. 227/2009 Coll., Act No. 281/2009 Coll., the award
The Constitutional Court declared under no. 384/2009 Coll., Act No. 197/2010 Sb.
and Act No. 424/2010 Coll., shall be amended as follows:
1. in section 29 para. 2 (a). (c)) and in point 3 of section 29a of the paragraph. 2 (a). (c)) (3)
After the word "the" is inserted after the word "recognized".
2. in paragraph 2 of section 30a. 6, the words "an advanced electronic signature based
on the qualified certificate issued by an accredited provider
e-services "shall be replaced by the words" recognized electronic
signature ".
PART FIFTEEN
Changing the law on population register
Article. XVII
Act No. 133/2000 Coll., on registration of the population and the social security numbers and amending
Some laws (law on population register), as amended by Act No. 2/2002
Coll., Act No. 320/2002 Coll., Act No. 53/2004 Coll., Act No. 501/2004
Coll., Act No 444/2005 Coll., Act No. 68/2006 Coll., Act No. 115/2006
Coll., Act No. 159/2006 Coll., Act No. 165/2006 Coll., Act No. 342/2006
Coll., Act No. 239/2008 Coll., Act No. 274/2008 Coll., Act No. 305/2008
Coll., Act No. 7/2009 Coll., Act No. 227/2009 Coll., Act No. 281/2009
Coll., Act No. 424/2010 Coll., Act No. 73/2007 Coll. and Act No. 458/2011
Coll., is amended as follows:
1. In section 8 paragraph 1. 4, the words "shall bear an advanced electronic signature
based on a qualified certificate issued by an accredited
the provider of certification services "shall be replaced by" sign
recognized electronic signature ".
2. In article 8b paragraph. 4, the words "fitted with advanced electronic signature
based on a qualified certificate issued by an accredited
the provider of certification services "shall be replaced by the words" signed
recognized electronic signature ".
PART OF THE SIXTEENTH
Amendment of the Act on the civil registry, the name and surname
Article. XVIII
Law No. 301/2000 Coll., on the civil registry, the name and surname and amending
some related laws, as amended by Act No. 320/2002 Coll., Act
No 578/2002 Coll., Act No. 165/2004 Coll., Act No. 422/2004 Coll., Act
No 499/2004 Coll., Act No. 21/2006 Coll., Act No. 115/2006 Coll., Act
No 165/2006 Coll., Act No. 342/2006 Coll., Act No. 239/2008 Coll., Act
No 41/2009 Coll., Act No. 190/2009 Coll., Act No. 227/2009 Coll. and act
No 375/2010 Coll., shall be amended as follows:
1. In paragraph 25, after paragraph 3, insert a new paragraph 4 is added:
"(4) the Office shall issue a death certificate to a physical person, which on its release
proves a legal interest or who lived with the deceased at the time of his death in
common household or vypravitelem his funeral. "
The current paragraph 4 shall become paragraph 5.
2. In article 25, the following paragraph 6 is added:
"(6) if the request for extradition filed the document referred to in paragraph 1 (b).
a), (c)) and (d)) and paragraph 4, or a request for the release of the literal statement of
the registry books made in documentary form, the applicant's signature must be on the
requests, or at full power, which is a part of it, officially
authenticated. ".
3. At the end of section 45, the following sentence "If the request for the issue of the report card
filed in paper form, must be the signature of the applicant, on request,
where appropriate, the power of Attorney, which is a part of it, officially verified. ".
4. in section 73 shall be added to section 73a, which reads as follows:
"to section 73a
For natural persons, that changed the personal status, and which has been enabled
change the native surname, is allowed to change the surname writes in the book
the marriage or registered partnership in the book, or in a book
death in the minutes of the death of deceased spouse or partner. ".
Article. XIX
At the request of individuals, which was enabled to change the last name pursuant to § 73
Act No. 303/2001 Coll., before the date of entry into force of this law and the
written in the book of birth registry office will repair the registry
registration and issue a new birth certificate, on which it will be referred to its original native
last name before changing the enabled.
PART SEVENTEEN:
Amendment of the Act on information systems of public administration
Article. XX
Act No. 365/2000 Coll., on public administration and information systems of the
amendments to certain other laws, as amended by Act No. 517/2002 Coll., Act
No 413/2005 Coll., Act No. 444/2005 Coll., Act No. 70/2006 Coll., Act
No 81/2006 Coll., Act No. 110/2007 Coll., Act No. 261/2007 Coll., Act
No 130/2008 Coll., Act No. 190/2009 Coll., Act No. 223/2009 Coll., Act
No. 227/2009 Coll., Act No. 281/2009 Coll., Act No. 263/2007 Coll., Act
No 458/2007 Coll. and Act No. 18/2009 Coll., is amended as follows:
1. In paragraph 4, at the end of paragraph 2, the period is replaced by a comma and the following
the letter k), which read as follows:
"the central place) manages the communication infrastructure of public services
Management (hereinafter referred to as "central place") ".".
2. In section 6f at the end of paragraph 1, the following sentence "the administrator of the portal
the Ministry of public administration. ".
3. the following section is inserted after section 6f 6 g, which including the title reads as follows:
"section 6 g
Central place services
(1) the central location means a set of technical services and
software, through which services are provided
public administration and information systems through which
used and linked to an electronic communications network.
(2) a central place services managed by the Ministry. The Ministry may
to entrust the operation of centralized services to a legal person, or
a natural person.
(3) the managers of information systems of public administration provide services
the information systems of the public administration through a central location
services.
(4) the public authorities are using electronic communications networks
through centralized services. ".
4. in § 9 para. 2, after the word "marked" is inserted after "recognized".
5. In section 9b paragraph 1. 2, after the word "marked" is inserted after the word "recognized" and the at
the words "that this" shall be inserted after the word "recognized".
6. In section 9b paragraph 1. 4 (b). (d)), after the word "based" shall be replaced
"recognized".
7. in section 9 c of paragraph 1. 1, after the word "marked" is inserted after "recognized".
8. In section 9 c of paragraph 1. 3, after the word "creation" is inserted after the word "recognized".
PART EIGHTEEN
Amendment of the Act on environmental impact assessment
Article. XXI
In section 6 (1). 2 of the Act No 100/2001 Coll. on environmental impact assessment
environment and amending some related laws (Act on the assessment of
effects on the environment), as amended by Act No. 93/2004 Coll. and Act No.
216/2007 Coll., the words "fitted with a guaranteed" shall be replaced by "signed
a recognized ".
PART NINETEEN
Amendment of the Act on waste
Article. XXII
Under section 31e of paragraph 1. 2 (a). (b)) Law No 185/2001 Coll., on waste and amending
certain other laws, as amended by Act No. 297/2009 Coll., the words
"an electronic marker that is based on a qualified system
a certificate issued by an accredited certification service provider "
replaced by the words "recognized electronic marker" and the word "recognized"
replaced by the word "recognized".
PART TWENTY-
Amendment of the Act on packaging
Article. XXIII
In § 14 para. 2 (a). b) of Act No. 477/2001 SB., on packaging and amending
Some laws (law on packages), as amended by law No 66/2006 Coll.,
the words "electronic marker based on a qualified system
a certificate issued by an accredited certification service provider "
replaced by the words "recognized electronic sign.
PART OF THE TWENTY-FIRST
Amendment of the Act on weapons
Article. XXIV
In § 42 para. 3 of the Act No 119/2002 Coll., on firearms and ammunition
and amending Act No. 155/2000 Coll., on the validation of firearms,
ammunition and pyrotechnical items and on the amendment of Act No 288/1995 Coll., on
firearms and ammunition (the Firearms Act), as amended by
Act No. 13/1998 Coll. and Act No 368/1992 Coll., on administrative
fees, as amended, and Act No. 455/1991 Coll., on the
trades (Trade Act), as amended
legislation (law on weapons), as amended by Act No. 484/2008 Coll., the word
"guaranteed" is replaced by "recognized".
PART TWENTY-TWO
Amendment of the Act on service relationship of members of security forces in the staff
Article. XXV
In § 175 paragraph. 1 Act No. 361/2003 Coll., on the service of members of the
security forces, with the word "guaranteed" shall be replaced by
"recognized".
PART TWENTY-THREE
Amendment to the law on value added tax
Article. XXVI
Act No. 235/2004 Coll., on value added tax, as amended by Act No.
635/2004 Coll., Act No. 669/2004 Coll., Act No. 127/2005 Coll., Act No.
215/2005 Coll., Act No. 217/2005 Coll., Act No. 377/2005 Coll., Act No.
441/2005 Coll., Act No. 545/2005 Coll., Act No. 109/2006 Coll., Act No.
230/2006 Coll., Act No. 319/2006 Coll., Act No. 172/2007 Coll., Act No.
261/2007 Coll., Act No. 270/2007 Coll., Act No. 296/2007 Coll., Act No.
124/2008 Coll., Act No. 126/2008 Coll., Act No. 302//2008 Coll., Act
No 87/2009 Coll., Act No. 281/2009 Coll., Act No. 362/2009 Coll., Act
No 489/2009 Coll., Act No. 120/2010 Coll., Act No. 199/2010 Coll., Act
No 47/2007 Coll., Act No. 370/2007 Coll., Act No. 375/2007 Coll., Act
No 457/2007 Coll., Act No. 458/2007 Coll. and Act No. 18/2009 Coll.,
be amended as follows:
1. in section 26 para. 4, the words "sought an advanced electronic signature
based on a qualified certificate issued by an accredited
certification service provider (hereinafter referred to as "the acclaimed electronic
the signature ") or electronic marker based on a qualified
the system certificate issued by an accredited provider
certification services (hereinafter referred to as "recognized electronic brand") "
replaced by the words "recognized electronic signature or signed a
identified by a recognized electronic sign.
2. In section 27 para. 2 the word "bears" is replaced by the word "signed" and
the word "or" shall be inserted after the word "marked".
3. in section 30 paragraph 2. 5, the word "bears" is replaced by the word "signed" and
the word "or" shall be inserted after the word "marked".
4. In section 102 paragraph. 2, after the word "address" is inserted after the word "Registrar" and
the word "bear" shall be replaced by the word "signed".
PART OF THE TWENTY-FOURTH
Change of administrative procedure
Article. XXVII
Act No. 500/2004 Coll., the administrative code, as amended by law no 413/2005 Coll.
Act No. 384/2008 Coll., Act No. 7/2009 Coll. and Act No. 227/2009 Coll.,
is amended as follows:
1. in section 19 para. 8, the words "bearing his guaranteed" shall be replaced by
"signed his acclaimed".
2. In § 37 para. 4, the word "guaranteed" shall be replaced by "recognized" and
the word "guaranteed" shall be replaced by the word "recognized".
3. In § 37 para. 7, the words "the Registrar. ^ 24) "are replaced by
the words "e-mail address Registrar.". Footnote # 24
deleted, including a link to a footnote.
4. In § 69 para. 3, the words "an advanced electronic signature based
on the qualified certificate issued by an accredited provider
certification services "shall be replaced by the words" recognized electronic
signature ".
PART OF THE TWENTY-FIFTH
Amendment of the Act on electronic communications
Article. XXVIII
Act No. 127/2005 Coll., on electronic communications and amending
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. 309/2006 Coll., Act No.
110/2007 Coll., 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., Constitutional Court
the declared under no 94/2007 Coll., Act No. 137/2007 Coll., Act No.
341/2010 Coll., Act No. 375/2007 Coll., Act No 420/2007 Coll., Act No.
457/2011 Coll., Act No. 458/2011 Coll., Act No. 468/2011 Coll., Act No.
18/2012 Coll. and Act No. 19/2009 Coll., is amended as follows:
1. In § 25 para. 4, the word "guaranteed" shall be replaced by "recognized".
2. In § 33 para. 10, the words "fitted with advanced electronic signature
based on a qualified certificate issued by an accredited
the provider of certification services "shall be replaced by the words" signed
recognized electronic signature ".
3. In section 75 para. 5, the words "if it is accompanied by an advanced electronic
signature based on a qualified certificate issued by an accredited
the provider of certification services "shall be replaced by the words" if they are
signed by a recognized electronic signature ".
PART TWENTY-SIX
Amendment of the Act on the protection of classified information and security
the eligibility of the
Article. XXIX
Act No. 412/2005 Coll., on the protection of classified information and security
eligibility, as amended by Act No 119/2007 Coll., Act No. 177/2007 Coll.
Act No. 296/2007 Coll., Act No. 32/2008 Coll., Act No. 124/2008 Coll.,
Act No. 126/2008 Coll., Act No. 250/2008 Coll., Act No. 41/2009, Coll.,
Act No. 227/2009 Coll., Act No. 281/2009 Coll., Act No. 255/2007 Coll.
Act No 420/2007 Coll. and Act No. 458/2010 Coll., shall be amended as follows:
1. § 46 para. 4 (b). g) and section 46 paragraph 2. 5 (b). (d)), the
the "form" is inserted after the word "recognized".
2. § 54 para. 2 (a). g) and section 54 para. 3 (b). (e)),
the "form" is inserted after the word "recognized".
3. In § 62 para. 5 (b). (f)), after the word "a" is inserted after
"acclaimed".
4. In § 85 para. 2 (a). (f)), after the word "a" is inserted after
"acclaimed".
5. In § 89 paragraph 1. 8, the words "an advanced electronic signature based
on the qualified certificate issued by an accredited provider
certification services; This must be at the same place or
attach a certificate to submit a "are replaced by the words" recognized electronic
signature ".
PART TWENTY-SEVEN
Amendment of the Act on authentication
Article. XXX
Act No. 21/2006 Coll., on verification of conformity transcript or a copy with the Charter and the
verifying the authenticity of the signature and on amendments to certain acts (the Act on
authentication), as amended by Act No. 165/2006 Coll., Act No. 189/2008 Coll., and
Act No 301/2008 Coll., is amended as follows:
1. In paragraph 8 (b). (c) point 2), the following shall be inserted after point 3, which including notes
footnote # 15:
"3. the Charter, which is the outcome of conversion of documents authorized ^ 15),
15) section 22 of Act No. 300/2008 Coll., on electronic acts and
authorized document conversion. ".
Points 3 and 4 shall be renumbered paragraphs 4 and 5.
2. In paragraph 8, after the letter "e") the following new subparagraph (f)), which read as follows:
"f) indication of whether the Charter, of which the Charter is vidimovaná taken by,
contains visible security element that is part of the content of the rule
the importance of this instrument, such as a hologram, ".
Subparagraph (f)), and (g)) shall become points (g) and (h)).)
3. in paragraph 9 (a). and) the words "If the Charter" shall be replaced by "If the
the instrument produced "and the words" the Charter, whose "are replaced by the words
"the Charter, whose".
4. In paragraph 9 (a). (b)), after the words "is-a" is inserted after the word "submitted".
5. in section 9 for the letter b) the following new subparagraph (c)), and (d)), which read as follows:
"(c)) if the instrument produced, from which is taken the Charter, vidimovaná
equipped with visible locking element, which is part of the content
the legal importance of this instrument, such as a hologram; This does not apply if the
a copy of the Charter taken by authenticating a person on a copying device,
at the expense of the applicant,
(d)) if the instrument produced already certified by the vidimovanou Charter, in whose
the verification notice is made pursuant to section 8 (b). f),“.
Subparagraph (c)) to (f)) are known as the letters e) to (h)).
6. In paragraph 9 (a). (e)), after the words "is-a" is inserted after the word "submitted" and
the word "Charter" shall be inserted after the words "from which is vidimovaná the Charter
taken by, ".
7. In paragraph 9 (a). f), the words "in vidimované" are replaced by the words "in
submitted by "and after the word" Charter "shall be inserted after the words" from which is
vidimovaná the Charter taken, ".
8. In paragraph 9 (a). (g)), after the words "with the word" submitted ".
9. In paragraph 9 (a). (h)), the word "vidimované" shall be replaced by the word "submitted" and
After the word "instruments" with the words ", from which the vidimovaná Charter
taken by, ".
10. In paragraph 9 (a). (h)), the following point shall be inserted after point 2 3, which reads as follows:
"3. the Charter, which is the outcome of conversion of documents authorized ^ 15)".
Points 3 and 4 shall be renumbered paragraphs 4 and 5.
PART OF THE TWENTY-EIGHTH
Amendment of the Act on the implementation of international sanctions
Article. XXXI
In section 10, paragraph 1. 3 of Act No. 69/2006 Coll., on the implementation of international sanctions,
the words "fitted with an advanced electronic signature based on a
the qualified certificate issued by an accredited provider
e-services "shall be replaced by" signed by a recognized
electronic signature ".
PART OF THE TWENTY-NINTH
Amendment of the Act on public procurement
Article. XXXII
Act No. 137/2006 Coll., on public procurement, as amended by Act No.
110/2007 Coll., Act No. 296/2007 Coll., Act No. 76/2008 Coll., Act No.
124/2008 Coll., Act No. 41/2009 Coll., Act No. 110/2009 Coll., Act No.
228/2009 Coll., Act No. 417/2009 Coll., Act No. 179/2010 Coll., Act No.
423/2010 Coll., Act No. 73/2007 Coll., Act No. 258/2007 Coll., Act No.
367/2011 Coll., Act No 420/2007 Coll., Act No. 458/2007 Coll., Act No.
1/2012 Coll. and Act No. 55/2010 Coll., shall be amended as follows:
1. In section 128 paragraph 1. 3, the words "an advanced electronic signature
based on a qualified certificate, or an
based on a qualified system certificate "shall be replaced by
"signed by a recognized electronic signature or marked by a recognized
electronic marker ".
2. In § 139 paragraph 2. 2, the words "an advanced electronic signature
based on a qualified certificate "shall be replaced by the words" signed
recognized electronic signature ".
3. In section 149 paragraph. 4, the words "bear a valid advanced electronic
signature based on a qualified certificate "shall be replaced by
"signed by a recognized electronic signature" and the words "measures data
digitally signed messages based on a qualified certificate
or an electronic marker based on a qualified system
certificate "shall be replaced by the words" the signing data messages recognized
electronic signature or sign data messages accepted
electronic marker ".
PART THIRTY-
Amendment to the law on conflict of interests
Article. XXXIII
Act No. 159/2006 Coll. on conflicts of interest, as amended by law No 216/2008, Coll.,
Law No 158/2009 Coll., Act No. 281/2009 Coll. and Act No. 350/2009
Coll., is amended as follows:
1. In article 12 paragraph 2. 3, the words "bearing guaranteed" shall be replaced by
"signed by a recognized".
2. In § 13 para. 3 (b). (c)), the words "in electronic" shall be replaced by
"through the electronic address".
PART OF THE THIRTY-FIRST
To change insolvency law
Article. XXXIV
In § 97 para. 2 Act No. 182/2006 Coll., on bankruptcy and the ways of its solution
(insolvency law), as amended by Act No. 296/2007 Coll., the word
"guaranteed" is replaced by "recognized".
PART OF THE THIRTY-SECOND
Amendment of the law on territorial planning and the building code (the building Act)
Article. XXXV
Act No. 183/2006 Coll., on zoning and the building code (the building
Act), as amended by Act No. 68/2007 Coll., Act No. 191/2008 Coll., Act
No 223/2009 Coll., Act No. 227/2009 Coll., Act No. 281/2009 Coll., Act
No 345/2009 Coll., Act No. 379/2009 Coll., Act No. 424/2010 Coll. and
Act No 420/2006, is amended as follows:
1. in the heading of title VI of part five:
"THE USE OF DATA FROM THE INFORMATION SYSTEMS OF THE PUBLIC ADMINISTRATION".
2. section 184:
"§ 184
(1) for the execution of the authority under this Act uses the construction authority from the
basic population register these reference data:
and) surname,
(b) the name or names),
(c) the address of the place of stay)
(d)) of the date, place and County of birth; for the data subject, who was born in
abroad, the date, place and the State where he was born,
(e)) of the date, place and County of death; in the case of the death of the data subject outside the territory
The United States, date of death, place and the State on whose territory the death
has occurred; If it is issued the Court's decision on the Declaration of death, day,
that is the decision, listed as the day of death or the day that did not survive, and
date of legal effect to this decision.
(2) for the execution of the authority under this Act uses the construction Office of the
the information system of the population register of the following particulars:
and the name or names), surname, maiden name,
(b)) date of birth,
(c)) place and district of birth, in the case of birth abroad instead of and the State
(d) the address of the place of residence), including previous address space
permanent residence address (if applicable), to which are to be delivered
documents under a special legal regulation,
e) waiver or limitation of competence to perform legal acts,
(f)) of the date, place and County of death; in the case of the death of a citizen outside the United
Republic, date of death, place and the State on whose territory the death occurred,
g) day, who was in the Court decision on the Declaration of death listed
as the day of death, or as a day that did not survive.
(3) for the execution of the authority under this Act uses authority building from
information system for foreigners the following information:
and) the name or name, last name,
(b)) date of birth,
(c)) instead, and the State where the alien was born; in the case that the alien
He was born on the territory of the United States, place and County of birth,
(d)) the type and address of the place of residence on the territory of the Czech Republic,
e) waiver or limitation of competence to perform legal acts,
(f)) of the date, place and County of death; in the case of deaths outside the United
the Republic, the State on whose territory the death occurred, or the date of death,
g) day, who was in the Court decision on the Declaration of death listed
as the day of death, or as a day that did not survive.
(4) the information specified in paragraphs 1 to 3 may be used in a particular case always
only such data which are necessary for the performance of the task. Data,
that are kept as reference data in the base the population register,
to make use of the information system of the population register or an information
of foreigners only if they are in the shape of the preceding the current
status. ".
PART OF THE THIRTY-THIRD
Amendment of the Act on the withdrawal or restriction of ownership rights to the land or to
construction (law on expropriation)
Article. XXXVI
In the law no 184/2006 Coll., the withdrawal or restriction of ownership rights to
of the land or the building (law on expropriation), section 30 the following new section
30A is inserted:
"section 30a
(1) for the execution of the authority under this Act, used by the administrative authorities
from the population register these reference data:
and) surname,
(b) the name or names),
(c) the address of the place of stay)
(d)) of the date, place and County of birth; for the data subject, who was born in
abroad, the date, place and the State where he was born,
(e)) of the date, place and County of death; in the case of the death of the data subject outside the territory
The United States, date of death, place and the State on whose territory the death
has occurred; If it is issued the Court's decision on the Declaration of death, day,
that is the decision, listed as the day of death or the day that did not survive, and
date of legal effect to this decision.
(2) for the performance of the use under this law the administrative authorities of the
the information system of the population register of the following particulars:
and the name or names), surname, maiden name,
(b)) date of birth,
(c)) place and district of birth, in the case of birth abroad instead of and the State
(d) the address of the place of residence), including previous address space
permanent residence address (if applicable), to which are to be delivered
documents under a special legal regulation,
e) waiver or limitation of competence to perform legal acts,
(f)) of the date, place and County of death; in the case of the death of a citizen outside the United
Republic, date of death, place and the State on whose territory the death occurred,
g) day, who was in the Court decision on the Declaration of death listed
as the day of death, or as a day that did not survive.
(3) for the execution of the authority under this Act, use the administrative authorities of the
information system for foreigners the following information:
and) the name or name, last name,
(b)) date of birth,
(c)) instead, and the State where the alien was born; in the case that the alien
He was born on the territory of the United States, place and County of birth,
(d)) the type and address of the place of residence on the territory of the Czech Republic,
e) waiver or limitation of competence to perform legal acts,
(f)) of the date, place and County of death; in the case of deaths outside the United
the Republic, the State on whose territory the death occurred, or the date of death,
g) day, who was in the Court decision on the Declaration of death listed
as the day of death, or as a day that did not survive.
(4) the information specified in paragraphs 1 to 3 may be used in a particular case always
only such data which are necessary for the performance of the task. Data,
that are kept as reference data in the base the population register,
to make use of the information system of the population register or an information
of foreigners only if they are in the shape of the preceding the current
status. ".
PART OF THE THIRTY-FOURTH
Amendment of the Act on health insurance
Article. XXXVII
Law No. 187/2006 Coll., on sickness insurance, as amended by Act No.
585/2006 Coll., Act No. 181/2007 Coll., Act No. 261/2007 Coll., Act No.
239/2008 Coll., Act No. 305/2008 Coll., Act No. 306/2008 Coll., Act No.
479/2008 Coll., Act No. 2/2009 Coll., Act No. 41/2009 Coll., Act No.
158/2009 Coll., Act No. 227/2009 Coll., Act No. 302/2009 Coll., Act No.
303/2009 Coll., Act No. 362/2009 Coll., Act No. 157/2010 Coll., Act No.
166/2010 Coll., Act No. 347/2010 Coll., Act No. 73/2007 Coll., Act No.
180/2007 Coll., Act No. 263/2007 Coll., Act No. 341/2010 Coll., Act No.
364/2007 Coll., Act No. 365/2010 Coll., Act No. 375/2007 Coll., Act No.
458/2011 Coll., Act No. 470/2011 Coll. and Act No. 1/2010 Coll., shall be amended
as follows:
1. In section 162 para. 1 the words "an advanced electronic signature based
on the qualified certificate issued by an accredited provider
certification services "shall be replaced by the words" recognized electronic
signature ".
2. In section 162 para. 2 (a). a), the words "to a designated electronic" are replaced by
the words "by sending to the specified email address".
PART OF THE THIRTY-FIFTH
Changing the law on research on human embryonic stem cells and
related activities
Article. XXXVIII
In § 5 para. 1 of law No 227/2006 Coll., on research on human
embryonic stem cells and related activities and amending
some of the related laws, the word "guaranteed" shall be replaced by
"recognized".
PART OF THE THIRTY-SIXTH
Amendment of the labour code
Article. XXXIX
Act No. 262/2006 SB., labour code, as amended by Act No. 585/2006 Coll.
Act No. 181/2007 Coll., Act No. 261/2007 Coll., Act No. 296/2007 Coll.
Act No. 362/2007 Coll., Constitutional Court declared under no.
116/2008 Coll., Act No. 121/2008 Coll., Act No. 126/2008 Coll., Act No.
294/2008 Coll., Act No. 305/2008 Coll., Act No. 306/2008 Coll., Act No.
382/2008 Coll., Act No. 451/2008 Coll., Act No. 286/2009 Coll., Act No.
320/2009 Coll., Act No. 326/2009 Coll., Act No. 462/2009 Coll., Act No.
347/2010 Coll., Act No. 377/2010 Coll., Act No. 427/2010 Coll., Act No.
73/2007 Coll., Act No. 180/2007 Coll., Act No. 185/2007 Coll., Act No.
341/2011 Coll., Act No. 364/2007 Coll., Act No. 365/2010 Coll., Act No.
367/2011 Coll., Act No. 375/2007 Coll., Act No. 458/2007 Coll. and act
No 466/2010 Coll., shall be amended as follows:
1. In paragraph 335 paragraph. 2, the words "electronic signature based on a
the qualified certificate "shall be replaced by the words" recognized electronic
signature ".
2. In paragraph 335 paragraph. 3 and 4, the words "electronic signature based on a
the qualified certificate "shall be replaced by the words" recognized electronic
signature ".
3. In article 337 paragraph. 2, the words "electronic signature of employee
based on a qualified system certificate "shall be replaced by
"recognized electronic signature of the employee".
4. In article 337 paragraph. 4 and 5, the words "electronic signature based on a
the qualified certificate ^ 95) or indicate an
based on a qualified system certificate ^ 95) "shall be replaced by
"recognized electronic signature or its recognised
electronic marker ^ 95) ".
PART OF THE THIRTY-SEVENTH
cancelled
Article. XL
cancelled
PART OF THE THIRTY-EIGHTH
Amendment of the Act on the Institute for the study of totalitarian regimes and the Archive
the security forces
Article. XLI
Act No. 181/2007 Coll., of the Institute for the study of totalitarian regimes and the
The archives of the security services and amending certain laws, as amended by
Constitutional Court declared under no. 160/2008 Coll., is amended as follows:
1. In section 13(2). 1 (b). (b)), after the words "to documents and all"
the words "belonging to his care."
2. In § 13 para. 1 (b). f), the words "in control or out of the discard
discarding the proceedings ' shall be deleted.
3. In § 13 para. 1 (b). g), the words "or copies of public records it
stored "there shall be substituted", copies of the records on an analog or
replica of archival documents in digital form belonging to his care. "
4. In § 13 para. 1 (b). I), the words "saved our" are replaced by
the words "our belonging to his care" and the words "and a copy of the
public records "are replaced by the words" a copy or replica ".
5. In § 13 para. 1 (b). j), the words "stored public records" are replaced by
the words "public records belonging to his care."
6. In § 13 para. 2 the initial part of the provision, the words "archival care"
replaced by the words "taking care of archival documents".
7. In § 13 para. 2 (a). (c)), the words "it shall be replaced by" saved "him
custody ".
PART OF THE THIRTY-NINTH
Amendment of the Act on the public budget stabilization
Article. XLII.
Act No. 261/2007 Coll., on the public budget stabilization, as amended by
Act No. 2/2009 Coll., Act No. 207/2009 Coll., Act No. 281/2009 Coll.,
Act No. 282/2009 Coll., Act No. 292/2009 Coll., Act No. 199/2010 Coll.,
Act No. 329/2011 Coll., Act No. 366/2011 Coll. and Act No 420/2011
Coll., is amended as follows:
1. In article 1(1). LXXII in § 17 paragraph 2. 5 the words "fitted with a guaranteed" shall be replaced by
the words "signed by a recognized" and the word "electronic" are replaced by the words
"marked by a recognized electronic".
2. In article 3(1). LXXIII in § 17 paragraph 2. 5 the words "fitted with a guaranteed" shall be replaced by
the words "signed by a recognized" and the word "electronic" are replaced by the words
"marked by a recognized electronic".
3. In article. LXXIV in § 17 paragraph 2. 5 the words "fitted with a guaranteed" shall be replaced by
the words "signed by a recognized" and the word "electronic" are replaced by the words
"marked by a recognized electronic".
PART 40
Changing the law on transformation of business companies and cooperatives
Article. XLIII
Under section 33b of the Act No. 125/2008 Coll. on transformation of trade companies and
cooperatives, as amended by law no 355/2007 Coll., the words "shall affix the guaranteed
electronic signature based on a qualified certificate issued by the
an accredited certification service provider (hereinafter referred to as "guaranteed
electronic signature ") or electronic marker based on the
qualified system certificate issued by an accredited
certification service provider (hereinafter referred to as "recognized electronic
Mark ")" shall be replaced by "shall be signed by a recognized electronic signature
or affix a recognized electronic sign.
PART OF THE FORTY-FIRST
Amendment of the Act on electronic acts and authorized document conversion
Article. XLIV
Act No. 300/2008 Coll., on electronic acts and authorized the conversion of
the documents, as amended by Act No 190/2009 Coll., Act No. 219/2009 Coll.,
Act No. 227/2009 Coll. and Act No. 263/2006, is amended as follows:
1. In section 14a para. 2 the word "issue" is replaced by "may issue".
2. in article 15, paragraph 1 reads:
"(1) the Ministry for the management information system data
mailboxes and the establishment and management of data boxes uses
and from 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, for the data subject, who was born in
abroad, the date, 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 United States, date of death, place and the State on whose territory the death
has occurred; If it is issued the Court's decision on the Declaration of death, day,
that is the decision, listed as the day of death or the date on which the entity
data declared dead have survived, and the date of acquisition of legal power of this
the decision,
(b)) of the information system of the population register of the following particulars:
1. the name or name, surname, maiden name,
2. your social security number,
3. the deprivation or restriction of legal capacity,
(c)) from the information system of aliens, the following information:
1. the name or name, surname, maiden name,
2. your social security number,
3. the deprivation or restriction of legal capacity,
(d)) from the registry of legal persons engaged in physical
people and public authorities all reference information, with the exception of the data on the
agendovém identifier of a natural person for the agenda of the registry. ".
3. In paragraph 16, at the end of the first sentence, the words ", if it is a
a person who has services set up data mailbox "and the second word in the sentence
the "person", and the third in the sentence after the word "person" shall be inserted after the words "which has
services set up a data deposit box, ".
4. In section 20 (2). 1 (b). (c)), the words "electronic marker based on the
qualified system certificate issued by an accredited
certification service provider (hereinafter referred to as "recognized electronic
Mark ")" are replaced by "a recognized electronic sign.
5. § 24 para. 1 (b). (b)), the words "issued by an accredited
the provider of certification services, on which it is based is guaranteed "
replaced by the words "on which is based the acclaimed" and the words "issued by the
an accredited certification service provider, which is
founded "are replaced by the words", which is based on the acclaimed ".
6. in section 24 para. 1 (b). (c)), the words "advanced electronic signature
based on a qualified certificate issued by an accredited
certification service provider (hereinafter referred to as "the acclaimed electronic
the signature ") ' shall be replaced by" a recognised electronic signature ".
7. In section 27 para. 2, the words "an advanced electronic signature, which is
based on a qualified certificate issued by an accredited
the provider of certification services "shall be replaced by the words" recognized
electronic signature ".
8. in section 29, paragraph 2 shall be deleted and shall be deleted at the same time, paragraph
1.
PART XLII
Amendment of the Act on Auditors
Article. XLV
In section 11 (1) 5 of law No. 93/2009 Coll. on Auditors and amendment to certain
laws (the law on Auditors), the words "an advanced electronic signature
based on a qualified certificate issued by an accredited
the provider of certification services "shall be replaced by the words" recognized
electronic signature ".
PART OF THE FORTY-THIRD
Amendment of the Act on basic registers
Article. The 2008
Act No. 111/2009 Coll., on basic registers, as amended by Act No.
100/2010 Coll., Act No. 424/2010 Coll. and Act No. 263/2006, is amended
as follows:
1. In paragraph 2 (a). f), the words "and basic registers and agendovými
information systems "shall be replaced by" basic registers and
agendovými information systems and information systems agendovými
each other ".
2. In article 7 (2). 2 (a). a) after the word "registers" the words ",
the population register, registry, registry of persons and the rights and obligations "and the word
"his" shall be replaced by the word "their".
3. In article 7 (2). 2, letter c) the following point (d)), which read as follows:
"(d) the implementation of links between individual) agendovými information systems
through the services of the information system of the basic registers ".
Subparagraph (d)) and e) shall become letters (e)), and (f)).
4. In article 7 (2). 2 (a). (e)), after the words "the basic registers ' shall be
the words "and the information contained in the agendových information systems".
5. in paragraph 7, the following paragraph 6 is added:
"(6) the costs related to the operation of the relevant register referred to in
paragraph 2 (a). and his Manager). ".
6. In section 20 (2). 2 (a)) shall be deleted and shall be deleted at the same time marking
subparagraph (b)).
7. in section 28 para. 3, letter a) shall be deleted and shall be deleted at the same time marking
subparagraph (b)).
8. § 50 para. 1 (b). (b)), the words "and the rights and obligations of the things"
and the words "and things" are deleted.
9. In § 52 para. 1 introductory part of the provision, after the word "population" comma
replaced by the word "or" and the words "or in the register of territorial identification"
shall be deleted.
10. In § 52 para. 1, point (d)) shall be deleted.
Subparagraph e) to (h)) shall become points (d) to (g))).
11. In § 58 para. 2, the words "shall bear an advanced electronic signature
based on a qualified certificate issued by an accredited
the provider of certification services "shall be replaced by" sign
recognized electronic signature ".
PART OF THE FORTY-FOURTH
Changing the tax code
Article. XLVII
Act No. 280/2009 Coll., the tax code, as amended by law No 30/2006 and
Act No. 458/2010 Coll., shall be amended as follows:
1. In section 35 para. 1 (b). (c)), the words "fitted with advanced electronic
signature based on a qualified certificate issued by an accredited
the provider of certification services ^ 4) (hereinafter referred to as "the acclaimed
electronic signature ") ' shall be replaced by" signed by a recognized
electronic signature ^ 4). "
2. § 56 para. 1 (b). (b)), the word "electronic" be deleted.
3. In § 69 para. 2 and 4, the word "bearing" is replaced by the word "signed".
4. In § 71 para. 1 and section 180 paragraph. 2 the word "bear" is replaced by
the word "signed".
PART OF THE FORTY-FIFTH
Amendment of the Act on health services
Article. XLVIII
In section 55 (a). (g)) of Act No. 372/2007 Coll., on health services and
the conditions governing their provision (law on health services), the words
"affix guaranteed" shall be replaced by "shall be signed by a recognized".
PART XLVI
Amendment of the Act on specific health services
Article. XLIX
In § 44 para. 2 (a). (c)) Law No 373/2007 Coll., on specific
health services, with the word "with" shall be replaced by
"signed by a recognized".
PART OF THE FORTY-SEVENTH
REGULATION (EEC)
Article. L
Shall be repealed:
1. Government Regulation No. 497/2004 Coll., implementing Act No 227/2000
Coll. on electronic signature and amending some other acts (law
on electronic signature), as amended.
2. Decree No 496/2004 Coll., on electronic registries.
PART OF THE FORTY-EIGHTH
The EFFECTIVENESS of the
Article. IF
This Act shall take effect on 1 January 2000. July 2012.
Němcová in r.
Klaus r.
Nečas in r.