190/2009 Sb.
LAW
of 28 June. in May 2009,
amending the law no 499/2004 Coll. on Archives and the archival service and
on the amendment to certain acts, as amended, and other
related laws
Parliament has passed the following Act of the Czech Republic:
PART THE FIRST
The amendment to the law on Archives and archival service
Article. (I)
Law No. 499/2004 Coll. on Archives and the archival 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. and Act No. 32/2008 Coll., is hereby amended as follows:
1. In article 2 (d)):
"(d)), each document written, image, sound, or other recorded
information, whether in the form of analog or digital, which was created
author or originator was delivered ".
2. In section 2 (a). (e)), the word "record" shall be replaced by the word "document".
3. In section 2, point (h)), the following new subparagraph (i)), which read:
"i) archival information system tool that creates when archive
processing and is used for registration and orientation in the contents and time range
Archive, archive collections or parts thereof ".
Letters i) to l) shall become letters (j)) and m).
4. In section 2, letter k) repealed.
Letters l) and m) are known as the letters k) and (l)).
5. In section 2 (a). k), the words "received and arising" shall be replaced by the word
"incurred".
6. In section 2, letter k) following the letter l) and r) are added:
"l) standard specified location to store, search and presentation
documents for the originator, and to implement the retention management,
m) administrative archive component of the originator intended for the supervision on the number
the service agent and to store, search, and submission of documents
discarding a longer period than 5 years,
n) metadata describing the data context, the content and structure of documents and
their administration over time,
on the internal rules of procedure) with a file setting out the basic rules for the
the handling of documents and shredding management,
p) with a file character designations that classified documents to the ledger groups
for the purposes of their future search, storage and decommissioning,
q) discard the character designation of the document, according to which the document is
assessed in the discard procedure,
r) discarding period of time during which the document must be filed with the
the agent, ".
Letter l) is referred to as the letter s).
7. In section 3, paragraphs 1 and 2 shall be added:
"(1) the obligation to keep documents and allow the selection of the records have
and organizational components of the State)
(b)) the armed forces,
(c)), the security forces,
(d) the State contributory organization),
(e)), the State-owned enterprises,
f) territorial self-governing units,
(g)) the organizational components of territorial self-governing units, create a
the documents listed in annexes 1 or 2 to this Act,
(h) legal entities established or) based territorial self-governing units,
create the documents listed in annexes 1 or 2 to this Act,
I) high school
j) schools and educational facilities with the exception of nursery schools, educational and
accommodation and equipment of school meals (hereinafter referred to as "the school"),
k) health insurance
l) public research institutions,
m) legal persons established by law,
n) notaries,
(hereinafter referred to as "public agents").
(2) the obligation to keep documents and allow the selection of the records are
the conditions laid down in this law also
and entrepreneurs registered in) the commercial register, as regards documents
referred to in annex 1 to this Act,
(b)), political parties, political movements, civic associations, trade
organizations, employers ' organizations, churches and religious societies,
professional chambers, Foundation, endowment funds, and generally beneficial companies,
(hereinafter referred to as "private" agents). ".
8. In section 5 (3). 1 the word "will" be replaced by the word "the" and the words "always
selected "shall be replaced by the word" levy ".
9. In section 5 (3). 1 (a). (c)), the words ", film and sound" be deleted and the
the number of "1920" is replaced by "1900".
10. In section 5, the dot at the end of paragraph 1 is replaced by a comma and the following
subparagraph (d)) and e) are added:
"(d)) sound recordings resulting from the year 1930,
(e) in the resulting film records) 1930. ".
11. In section 5 paragraph 2 is added:
"(2) in accordance with the content of the papers collected in the relevant archive
documents that have permanent value, given their political,
economic, legal, historical, cultural, scientific or
information relevance; the choice must always be submitted documents
referred to in annex 2 to this Act. ".
12. In section 7, paragraph 1 reads:
"(1) the selection of the records in the discard control performs the appropriate files from the
public documents of the originator of the document, its legal predecessor
and from the private papers of the agent, if it is to set up a private archive.
Selection of archival materials in the discard procedure shall be carried out and of the documents
public agent stored at his legal successor, which is not
the originator of the public. ".
13. In section 7, paragraph 1, the following paragraph 2 is added:
"(2) the selection of the records in the discard control performs the appropriate files from the
private documents of the agent, if requested by that private
originator. ".
Paragraphs 2 and 3 shall become paragraphs 3 and 4.
14. In section 7 (2). 3, after the word "documents", the words ", which
discarding periods have elapsed, and which are "and the words" and in which the competent
the archive is archival documents "shall be deleted.
15. In section 7 (2). 4, the comma after the words "agent" shall be replaced by
"or", the words ", the liquidator, receiver or one of the
which went extinct scope specified by the originator of the document (section 63) "
deleted and the word "persons" shall be replaced by the word "bodies".
16. In section 8 (2). 1 and 2, the word "agent" shall be replaced by the words "body
referred to in section 7 (2). 4. "
17. In section 8 (2). 3, the word "extinction" following the word "public".
18. In article 8, paragraph 4 shall be deleted.
19. In section 9 (2). 1 introductory part of the provisions, the word "originator" is replaced by
the words "body referred to in section 7 (2). 4. "
20. In section 9 (2). 1 (a). and the words "originator) documents that are
designed to skartačnímu the proceedings ' shall be replaced by the words "the entity referred to in section
7. 4. "
21. In section 10, paragraph 1. 1 the words "(hereinafter referred to as" the Protocol ") ' shall be deleted.
22. In section 10, paragraph 1. 2, after the word "Protocol", the words "in accordance with
paragraph 1 "and the word" shred "shall be replaced by the word" destroy ".
23. In section 10, paragraph 1. 3, the words "of the originator or owner of the document" shall be replaced by
the words "body referred to in section 7 (2). 4 "after the word" Protocol "
the words "under paragraph 1" and "him" are inserted after the words "within 15 days
from the date of delivery of the Protocol ".
24. In section 10, the following paragraph 4 is added:
"(4) the body referred to in section 7 (2). 4 may destroy the documents specified in the
discard control to the destruction and listed in the inventory of the documents referred to in
paragraph 2 (a). (d)) after the deadline for filing objections pursuant to paragraph
3 in the case of opposition after their opposition. "
25. In section 11 (1). 1, letter a) is added:
"and private agent)".
26. In section 11 (1). 1 (c)):
"(c)) offered by the owner of the Czech Republic or other losses
public archives as a gift, to purchase, or for safekeeping, ".
27. In section 11 is at the end of paragraph 2 the following sentence "the originator or owner of the
the document agreed with the relevant archive dates, in which a request for
the selection of records outside the discarding of proceedings; in case of cancellation of the agent, its
entry into liquidation or bankruptcy of the originator of the request
the author of the selection of records outside the proceedings immediately discarding. ".
28. In section 11, the following paragraph 5 is added:
"(5) the documents stored in museums, libraries, galleries, památnících,
public research institutions and universities (hereinafter referred to as "culturally
scientific institutions ") as a result of their acquisition and collecting activities
fulfilling the criteria referred to in section 4 and 5 or in accordance with Annex 2 to this
law and taken to the registration records are considered records selected
outside the discarding of the proceedings. ".
29. In section 12, paragraph. 1, the words "referred to in section 10 shall be replaced by the
the selection of records outside the control that contains the disposal requirements
referred to in section 10, paragraph 1. 2 (a). and (c))) ".
30. In section 12, paragraph. 4, after the word "Protocol", the words "of
the selection of records outside the discarding of proceedings "and the word" him "
the words "within 15 days from the date of delivery of the Protocol".
31. In section 13 (3). 1, after the words "can be" inserted "into the shredding
management to include only documents that are designed for the disposal and destruction; u
other documents can be ".
32. In article 13, the following paragraphs 5 and 6 shall be added:
"(5) the Documents in digital format intended for skartačnímu must be
provided with metadata according to the national standard for electronic systems
the file services. If this is not so, converted after the closure of the file of the
analog form (section 69). Requirements documents referred to in the first sentence
lays down detailed legal prescription.
(6) the Documents shall be submitted to the selection in the discard control or outside the
discarding the competent management of the archives, regardless of their place of
Save. ".
33. In section 15(2). 1, after the word "Protocol", the words "of
discard control or a protocol for the selection of records outside the
discarding the proceedings ".
34. In article 15, paragraph 1, the following paragraph 2 is added:
"(2) Papers in the ownership of the Czech Republic and papers in the
ownership of territorial self-governing units or other public
the agents are stored in public archives. Records obtained by the acquisition
and the collection creating activities cultural/scientific institution is stored in this
institution. ".
Paragraphs 2 and 3 shall become paragraphs 3 and 4.
35. In article 15, paragraph 3 shall be deleted.
Paragraph 4 becomes paragraph 3.
36. In article 15, paragraph 3 shall be added at the end of the sentence "If the originator is not
the conditions laid down in the consent, the discard file can
continuous shredding consent cancel ex officio. In the case of disappearance or
the cancellation of the originator of the issued permanent discarding consent does not pass to the legal
successor. ".
37. In section 16, paragraph 1 reads:
"(1) after the selection of the records are the documents selected as
papers taken to register archival documents. ".
38. In section 16. 2, after the word "or", the words "their part of the
or ".
39. In section 16. 3, the words ", the Museum, the Library 7) ^ ^ ^ 8), Gallery ^ 7),
monuments to ^ 9), Academy of Sciences of the Czech Republic ^ 10) and high
the school "shall be replaced by" and the cultural/scientific institution ".
Footnote 7 to 10 are deleted, including links to notes below
line.
40. In § 16 is at the end of paragraph 3 the following sentence "archives and culturally
scientific institutions include the base unit to the basic registration
records of the national archival heritage after the selection of archival documents. ".
41. In section 16. 4, the words ", museums, libraries, galleries, monuments,
the workplace of the Academy of Sciences of the Czech Republic and the high schools listed in the
paragraph 3 "shall be replaced by the words" and the cultural/scientific institution ".
42. In section 16. 5, the words ", in museums, libraries, galleries,
památnících, workplaces, the Academy of Sciences of the Czech Republic and the high
schools "shall be replaced by" scientific and cultural institutions ", the words",
museums, libraries, galleries, monuments, the workplace of the Czech Academy of Sciences
of the Republic and the high school "shall be replaced by the words" and the cultural and scientific
institutions ' and at the end of the text of paragraph 5, the words "and send him a
copies of their archival AIDS ".
43. In section 16. 6, the words ", museums, libraries, galleries, monuments,
the workplace of the Academy of Sciences of the Czech Republic and the high school "shall be replaced by the words
"cultural and scientific institutions" and at the end of the text of paragraph 6 shall be added
the words "and send him copies of their archival AIDS".
44. In § 17 paragraph. 1 the word "written" shall be replaced by the word "documentary".
45. In section 17 paragraph 2 is added:
"(2) the Ministry of the national archival heritage records
and the archive or the archive pool) collection due to a reassessment of the importance
(b)), archival collection archival Fund or archiválii due to destruction,
(c) the archive, the archive pool) collection or archiválii for release into the
abroad. ".
46. In section 17, the following paragraphs 3 to 5 shall be added:
"(3) Archive or cultural institution, science excludes archiválii you
lead in the basic register, from the records of the national archival heritage of the
because of a reassessment of the importance.
(4) the proposal for the disposal of the records of the national archival heritage under
paragraph 2 served head of the archive Fund of the bodies, archival collection
or papers in the basic registration.
(5) the proposal referred to in paragraph 4 contains the
and the designation of the body making the proposal),
(b) the designation of the archive Fund) archival collections or archival documents,
(c) the reason for the disposal of the Fund) archive, archival collections or archival documents,
(d) a copy of the current registration worksheet) National Archive heritage
archive or archive collections, which are the subject of the disposal,
or archive or archive collections, of which the phasing out
papers include. ".
47. In section 18, paragraph. 2 the introductory part, the words "provisions, museums,
libraries, galleries, monuments, the workplace of the Academy of Sciences of the Czech Republic and
high school "shall be replaced by the words" and the cultural/scientific institution ".
48. In section 18, paragraph. 2 (a). and the words "), Museum, library, Gallery,
the Memorial, the Academy of Sciences of the Czech Republic and the high school "
replaced by the words "or cultural/scientific institution".
49. under section 18 shall be added to § 18a is inserted:
"§ 18a
(1) in the case of the demise of the founder of the archives without legal successor shall designate
the Ministry of the public archive, for which the records are stored.
(2) the Ministry shall decide, on a proposal from the archive or its founder,
about the scelení archive or the archive collections and their location.
50. In section 19 is at the end of subparagraph (d)) shall be replaced by a comma and dot is added
letter e), which reads as follows:
"e) way of keeping archival AIDS, archiving
assistive devices, their structure and content and method of transmission and evidence
copies of archival AIDS. ".
51. In section 20 (2). 4, after the word "archive", the words "or culturally
scientific institution "and the word" which "shall be replaced by the word" which ".
52. In section 20 shall be added at the end of paragraph 4, the final part of the provisions of the
the paragraph, which reads:
"This requirement does not apply to audiovisual archival material stored in the
The national film archives ".
53. In § 21. 2 (a). and the word "), the archive", the words "or
cultural and scientific institution ".
54. In § 21. 5 (a). and (b))) and the word "ownership" shall be replaced by the words
"ownership".
55. In section 21 shall be added to paragraph 6 and 7 are added:
"(6) the Ministry may cancel the Declaration for the archival cultural heritage of
because of a reassessment of its importance. Application for annulment of the Declaration for the
archival cultural heritage serves the bodies referred to in paragraph 2;
the Ministry may cancel the Declaration for the archival cultural heritage without
the proposal.
(7) a proposal for the cancellation of the Declaration for the archival cultural heritage includes
and the name and registration information) about an archive of cultural memory,
(b) the reasons for the cancellation Declaration) archival cultural heritage of reason
a reassessment of the importance. ".
56. In article 23, paragraph 4 shall be deleted.
57. In section 24, paragraph. 4, the words "or the holder" shall be deleted.
58. In section 25, paragraph. 1 (a). (b)), the words ", the archives of the security services"
deleted and the word "ownership" shall be replaced by the words "ownership".
59. In section 26, paragraph. 1, the words "this Act" shall be replaced by "section 24 paragraph.
1, § 25, 27, 29, 30 and 32.
60. In section 27. 1 introductory part of the provisions for the word "archive"
the words "or cultural/scientific institution".
61. In section 29. 3 the second sentence, after the word "owner", the words
"or the holder".
62. In section 30, paragraph. 3, the word "Archives", the words "and culturally
scientific institutions "and the word" archive "are inserted after the words" or culturally
scientific institution ".
63. In section 30, paragraph. 4, after the word "archives", the words "or
cultural and scientific institutions ".
64. In section 31, paragraph. 3, the words "or the holder" shall be deleted.
65. In section 35 for the letter a), the following new subparagraph (b)), which read:
"(b) the date and place of birth),".
Letters b) to (e)) shall become points (c) to (f))).
66. In section 35 (f)):
"(f)), the name and identification number, if any, legal
the person for whom the applicant for inspection of the subject. ".
67. In section 37 is at the end of the text of paragraph 1, the words ", and all
published papers ".
68. In section 37, paragraph 1, the following paragraph 2 is added:
"(2) the public records containing personal information of living persons can be seen,
raised if this person in writing of the objections. Archive person, in writing, inform
about requests for inspection of the records; in the case of the notification of the
at least 30 persons, can be delivered to a public decree displaying on
the official Board of the archives, and to establish an archive of official record, on the official
the Board State regional archives, in whose district has an archive is located. In
the notification shall indicate the particulars referred to in section 35 (b). and (c))) and (e)), and (f)), personal
the particulars of the person to be made available, the period in which it will be in the
the records are inspected, and guidance on the legal consequences of filing and submission
the opposition within the prescribed period. Objection to the inspection of the records by
the first sentence may raise a person within 30 days from the date of delivery of the notification. From
objections must be clear, what personal data is concerned. Unless the
person's objections within the time limit referred to in the fourth sentence, it is considered that, in the consultation
public agrees. On delivery and calculation of time covered part
the second administrative procedure. ".
Paragraphs 2 to 7 shall become paragraphs 3 to 8.
69. In article 37, paragraph 3 reads:
"(3) The records relating to a living individual, whose
contents are sensitive personal data, you can ^ 13) look only with the prior
the written consent of that person. Archive request the consent of the person concerned with the
the consultation of these records. Enter the details in the request pursuant to section 35 (b).
and (c))) and (e)), and (f)), the sensitive personal information of the person to be
made available, and the period in which the public perceived. ".
70. In paragraph 37. 5 of the introductory part of the provisions of the number "3" shall be replaced by the words
"4 or to the scope of performance under this Act".
71. In paragraph 37. 5 the final part of the provisions of the:
"A request for the supply of data from the information system of the population register and dispensing
data from the information system of the population register may be made
in a way that allows remote access. ".
72. In article 37, the following paragraph 9 is added:
"(9) the provisions of paragraphs 1 to 4 shall not apply to the originator of the records;
These bodies may inspect the records, which are agents, without
the restrictions. The provisions of the first sentence shall apply mutatis mutandis to the legal successor,
the agents of the public records. The provisions of paragraphs 1 to 4 shall also apply to
the bodies referred to in section 38, paragraph. 5; These can be seen in the public records,
the originator is a State or territorial self-governing unit, without limitation. ".
73. In paragraph 38. 1, point (b)) the following new point (c)), which read:
"(c)) the natural person objected to the inspection of public records,
whose contents are the personal data; This does not apply in the case of papers
pursuant to section 37, paragraph. 7 and 8 ".
Former points (c) and (d))) shall become points (d) and (e)).)
74. In paragraph 38. 4, the words "Department of Academy of Sciences or the high school"
replaced by the words "cultural and scientific institution".
75. In paragraph 38. 5, after the word "State", the words ", the armed
forces, security forces, the intelligence services of the Czech Republic. "
76. In section 38 at the end of paragraph 5, the following sentence
"If it is necessary to inspect these records outside the file in which they are
stored, can be lent, provided that
and) undertakes in writing to borrower, that papers in the completeness of returns in the
the agreed time and undamaged,
(b) category I) papers, to be leased, is in the archives
made a copy under section 20 (2). 4. ".
77. In § 40 paragraph. 1, the first sentence shall be inserted after the phrase "the provisions of the copyright
the law does not affect the sentence first. ".
78. In section 43 (a). (c)), the word "Bank", the words "safety
choirs ".
79. In section 44 (a). about) the words ", museums, libraries, galleries, monuments,
scientific institutes and universities "are replaced by the words" and the cultural and scientific
the institutions ".
80. In section 44 for the letter p) the following new letters q) to u)
added:
"q) decide on the design of the archive or the agent, that agent or its
the organizational component are required to store papers in other than
the relevant archives; the scope of the relevant archives of the relation to the designer or
its organizational components, performs file specified in the decision,
r) approves the agreement, where appropriate, education authorities archives on scelení
files, records,
with the design of the archive), or its founder of scelení
public records and files about the location of these files, records,
t) decide on the disposal of archival funds of archive collections or
records from the records of the records,
in the case of the Declaration) and of the cancellation Declaration papers, archives
Collections, archive or their comprehensive parts for the archival, cultural
memory, ".
Letter q) is referred to as the letter v).
81. In paragraph 46. 1 (a). and the words "), for their administrative archives,
established State contributory organizations "shall be replaced by the words
"the State contributory organizations established by these organizational
the components of the State "and at the end of the text of subparagraph (a)), the words", and
those for whom this scope performs File security forces ".
82. In paragraph 46. 1 (b)):
"(b)) performs a selection of archival documents in the discard control for pathogens referred to in
(a)) and for the agents referred to in point (a) (c)), who have set up
private archive, or who apply to the selection of public records in the discard
proceedings, ".
83. In paragraph 46. 1 (a). (c)), for the words "beneficial" Word
"and" is replaced by a comma and at the end of the text of subparagraph (c)) shall be added the words "and
the founders selected private archives ".
84. § 46 paragraph. 1 (a). e), the words "decides about the objections against
the Protocol ", the words" of discard management and the Protocol on the
a selection of records outside the discarding of proceedings "and the words" and of the
objections of the originator or owner of the document against the log Archive
the capital city of Prague, "shall be deleted.
85. In paragraph 46. 1, letter e) the following new subparagraph (f)), which read:
"(f)) assesses the protocols carried out the management and discard the
the selection of records outside the specialized archives management shredding
organizational components of the State with statewide jurisdiction and established by them
the State contributory organizations and specialized archives
legal persons established under the law with statewide jurisdiction ".
Letters f) to (n)) shall become letters (g)) up to).
86. In § 46 paragraph. 1 (a). g), the words "in the archives of the city of Prague"
replaced by the words "in private archives, which performs the selection
the records ".
87. In paragraph 46. 1 (a). (h)), the words ", and the main city of Prague and
organizing folders, allowance organizations and other legal
It incorporated or established by persons "shall be replaced by the words" or private
Archives ".
88. In § 46 paragraph. 1, letter n) repealed.
Letter o) is referred to as the letter n).
89. In paragraph 46. 2 (a). and the word "), the components of", the words "or
specialized archives established by ministries, other Central
the administrative offices, the offices of the Chamber of Deputies, the Senate, the Office of the
The Office of the President of the Republic, the Czech National Bank, security
forces or intelligence services of the Czech Republic. "
90. In article 46, the following paragraph 3 is added:
"(3) the national archives on the care of records in digital form
and) stores records in digital form selected for permanent storage
public archives, with the exception of the records selected security
Archives of the intelligence services of the Czech Republic, keeps their content and
ensures their lasting readability,
(b)) processes and provides access records in digital form, taken from the
the agents referred to in paragraph 1 (b). and (c))) and papers in digital
form received under paragraph 1 (b). (d)),
(c)) shall carry out methodological and advisory function in the field pre-archival care
documents in digital form, document digitization and archival documents. ".
91. In § 49 paragraph. 1 (a). and) organizational components of the State with the
competence on the territory of the County, district or municipality for their administrative archives
and the State contributory organizations established by them, with the exception of those
that you have set up specialized archives "are replaced by the words" organizational
State with territorial responsibility defined territory, region, district or
the municipalities, the State contribution organisations established by these organizational
forces of the State, State enterprises, legal persons established under the law, with the
the exception of those for which this scope performs a national archive or
Archive of the security forces, or that have established specialized
Archive for territorial self-governing units, organisational units and
legal persons established or local government-based total,
or for which a territorial self-governing unit performs the function of the founder,
universities, with the exception of those that have established specialized's archive,
for schools, health insurance companies and public research institutions, with
other than those which have set up specialized's archive ".
92. In § 49 paragraph. 1 points (b) and (c))) shall be deleted.
Existing subparagraph (d)) up with) are renumbered as subparagraph (b)) to q).
93. In § 49 paragraph. 1 (b)):
"(b)) performs a selection of archival documents in the discard control for pathogens referred to in
(a)) and for the agents referred to in point (a) (c)), who have set up
private archive, or who apply to the selection of public records in the discard
proceedings, ".
94. In § 49 paragraph. 1 (a). (c)), the words "for the founders of the private
the archives, "and the words" for schools and universities and "are deleted.
95. In § 49 paragraph. 1 (a). (e)), the word "Bank", the words ",
the security forces ".
96. In section 49, paragraph. 1 (a). (f)), for the words "decides about the objections against
the Protocol ", the words" of discard management and the Protocol on the
a selection of records outside the discarding of proceedings "and the words" and of the
objections of the originator or owner of the document against the log Archive
the city of Brno, the archives of the city of Ostrava, the archives and the archives of the city of Pilsen
Ústí nad Labem, "shall be deleted.
97. In § 49 paragraph. 1, letter (f)) the following points (g) and (h)))
are added:
"(g)) shall decide on the objections of the originator or owner of the document against the
the Protocol of management and discard the log of
the selection of records outside the archive capital management discarding of Prague,
The archives of the city of Brno, the archives of the city of Ostrava, the archives of the city of Plzeň, and
The archives of the city of Ústí nad Labem and oversees their protocols of
discard control and selection of the records outside of discarding
management,
h) assessing the protocols of discard control and carried out
the selection of records outside the control of specialized archives, discarding the
which this scope does not exercise a national archive, ".
Subparagraph (g)) to q) are referred to as letters) with).
98. In § 49 paragraph. 1 (a). the word "), after the words" Bank ",
the security forces ".
99. In § 49 paragraph. 1 (a). l), the words ", with the exception of the main Archive
the city of Prague, "and are deleted at the end of the text of the letter l) shall be supplemented with the words"
which performs a selection of archival documents ".
100. In § 49 paragraph. 1 at the end of the text of the letter r) added the words "and
checks the structural and technical condition and safety of the premises
intended for the performance of franchised business management of the registry ".
101. In § 49 paragraph. 2 (a). and the words ") (c)), and (e))" shall be replaced by "and
(c)) ".
102. In § 49 paragraph. 2 at the end of the text of the letter e), the words "and
validates the is ".
103. In the introductory part of the provisions of section 50, the word "Bank", the words
"security forces".
104. Section 50 (b). and the word "), established by the", the words "or
-based "and after the word" organizations "shall be inserted the words" or other
legal persons ".
105. Section 50 (b). (b)) for the word "Protocol", the words "of the
carried out by discard control and Protocol for the selection of the records
outside the discarding of proceedings ".
106. In § 51 paragraph 1 reads:
"(1) Organizational folder State security forces, the intelligence services
The Czech Republic, State organizations, State enterprises, high
school, school, general health insurance company in the Czech Republic, public
research institutions, with the exception of those for which fulfils the function of the founder
The Academy of Sciences of the Czech Republic, and legal persons established by law may
establish specialized archives. ".
107. In section 52 to the beginning of the text of the letter a), the words "with the exception of the
The national film archive ".
108. In section 52 (a). (c)), the word "or" is replaced by a comma and the words "to the
purchase "shall be inserted the words" or in custody ".
109. In § 52 letter i) is added:
"i) on a request submitted to the national archives or to the competent national
District archive of protocols for the assessment of the management of the discard
and the selection of the records out of control, "discarding.
110. In section 52 is at the end of the letter o) shall be replaced by a comma and dot is added
letter p), which read:
"p) ensures the conservation and restoration of archival documents.".
111. In section 53, paragraph. 1 the words "and the intelligence services of the Czech Republic"
replaced by the words ", security forces and intelligence services of the Czech
of the Republic ".
112. In § 53 paragraph 2 and 3 shall be added:
"(2) the Security Archive security corps and intelligence services
Of the Czech Republic
and the selection of records) in the discard control documents arising
from the activities of its founder, and even for those which have not been cancelled
degree of confidentiality,
(b)) in the basic register National Archive heritage of all
Archives and archival collections in it; information about our
containing classified information shall not be transmitted to the secondary, and the Central
records of the national archival heritage,
(c)) shall carry out the other tasks of the specialized archives, with the exception of the task under section
52 (a). I).
(3) the Security Archive except the security archives referred to in paragraph 2
and the selection of records) in the discard control documents arising
from the activities of its founder, which has not yet been canceled classification,
(b)) in the basic register National Archive heritage of all
Archives and archival collections in it; information about our
containing classified information shall not be transmitted to the secondary, and the Central
records of the national archival heritage,
(c)) takes care of the papers taken from its founder,
(d) an inventory of the records) is a renowned Ministry,
(e)) for more professional archival tasks saved him the founder. ".
113. In section 53, paragraph. 4, the words "the intelligence services of the Czech Republic"
replaced by the words "security or intelligence Corps of the Czech
Republic of ", the words" the competent Office "shall be replaced by the words" his
the founder of ", the words" the intelligence services of the Czech Republic "shall be replaced by
the words "Security forces and intelligence services of the Czech Republic"
the words "the competent intelligence service of the Czech Republic" shall be replaced by
the words "the competent security corps or the intelligence services of the Czech
of the Republic ".
114. In § 53 paragraph 5 is added:
"(5) the Security Archive searches for papers for the needs of administrative
offices and other organizational components of the State, organs of territorial
authorities, legal entities and natural persons, effecting of them
extracts, copies and copies and allows you to inspect these records. ".
115. In section 53, the following paragraph 6 is added:
"(6) the Security archive can act as archive, if he was
accreditation granted. ".
116. In section 55, paragraph. 1 (a). and the word) "established", the words
"or" and the words "-based, subsidized organizations and legal
people "are replaced by the words" and subsidized organizations, or other
legal persons ".
117. In section 55, paragraph. 1 (a). e), the words "for approval" and are deleted at the end of
the text of subparagraph (e)), the words "to assess and to make a selection
the records ".
118. In § 56 paragraph. 4, the words "in the" be replaced by "in the
ownership of the founder or established by legal persons ".
119. In § 56 paragraph. 5 the first sentence, after the words "private accreditation
the archives of ", the words" no later than 30 June 2005. November of the year in which the
was awarded "accreditation.
120. In § 56 paragraph. 5, the first sentence shall be inserted after the phrase "shall take a decision
about the accreditation of private archives of legal power after 30. April calendar
year, founder of the archive request to apply the provision of one-time
the annual State contribution on the operation of private archives for next year
at the same time with the application referred to in the first sentence. ".
121. In section 57, at the end of the text of the letter b), the words "; in the private
Archives of zřizovaném registered churches or religious societies,
that permission has been granted for the performance of specific práv22a)
inspection of records governed by this Act, and the internal regulation
registered churches and religious societies ".
Footnote No. 22a is inserted:
"22a) section 7 of Act No. 3/2002 Coll.".
122. In section 57 (a). (c)), the words "for approval" and are deleted at the end of the text
subparagraph (c)), the following words "to assess and to make a selection
the records ".
123. In section 57, at the end of the text of the letter e), the words "and of the
records of individuals, which is sold or charge by its founder ".
124. Article 58, paragraph 2 reads:
"(2) the Ministry shall not grant accreditation to the archive, if
and does not satisfy the conditions laid down in the archive) in § 61,
(b)) is not able to keep the basic archive records of the National Archive
Heritage in accordance with this Act,
(c)) it is not necessary to set up a specialized archive, or
d) records referred to in paragraph 1 (b). (g)) were selected as
papers in contravention of the law. ".
125. In paragraph 61. 2 (a). and), the words "areas at risk of flooding"
replaced by the words "floodplains" and the words "in the starter and
landing corridors of airports "shall be replaced by the words" in the protection
the bands runways of airports ".
126. In paragraph 61. 3 (b)):
"(b)) a room for the reception and processing of the records, a room for storing
public records, room cleaning, disinfection, preservation, restoration and
reproduction processing of archival documents and a room for the storage of archival documents
reserved to the study, if established, have always been in the premises without
access to the public ".
127. In section 62, paragraph. 1 the words "organizational components of the State and
specialised archives of legal persons established by law "shall be replaced by
the words "with the exception of specialised archives set up by State
příspěvkovými organizations, State enterprises, universities, schools
and public research institutions "and the words" State enterprises and
the State contributory organizations, "shall be replaced by the words" State
subsidized organizations, State enterprises, universities, schools and
public research institutions ".
128. Article 62, paragraph 2 shall be deleted.
Paragraphs 3 and 4 shall become paragraphs 2 and 3.
129. In section 62, paragraph. 3 the number "3" is replaced by "2".
130. section 63 and 64 are added:
"section 63
(1) the number of the service they perform
and the actors mentioned in the public) § 3 (3). 1 (a). and (e))) and i) to
m),
(b)) of the region,
(c)) the capital city of Prague,
(d)) of the village charged with municipal authority and the municipalities with the building or Hall
the Office,
e) district or districts of the city of Chartered
and the urban part of the city of Prague, which was a statute passed
at least part of the scope of the municipality charged with municipal authority or scope of
the village hall is the building or the Office,
(hereinafter referred to as "agents").
(2) the municipality not listed in paragraph 1 and public agents referred to in § 3
paragraph. 1 (a). g) and (h)) perform the file service in the scope of the provisions of section
64 paragraph. 1 to 4, § 65, paragraph. 1 to 4, § 67, section 68, paragraph. 1, § 68a and 69.
(3) Public agents referred to in § 3 (3). 1 (a). and (e))) and i) to
m), the region and the capital city of Prague exercised by the number of the service in the
electronic form in electronic systems the file services;
If required by the specific nature of their competence, may exercise
number of service in paper form. Public agents referred to in § 3
paragraph. 1 (a). g) and (h)), and the municipality carry out number the service in electronic
form of records in electronic systems or in documentary
the form.
(4) the bodies referred to in paragraphs 1 and 2, which at the time of the effectiveness of this
the Act did not have the registration documents or exercised any number of service
in electronic form in the electronic filing systems, services by
paragraph 3, are obliged to fulfill the provisions of paragraph 3 no later than
one year after the entry into force of this Act. The bodies referred to in
paragraphs 1 and 2, which at the time of the effectiveness of the exercise documents
in documentary form, are required to carry out the registration of documents in
the electronic filing system not later than six months of service after
the entry into force of this law.
section 64
Income, labelling, record-keeping and distribution of documents
(1) Determine the originator shall ensure the receipt of documents. The delivered documents and
documents created by the specified author, with the exception of documents containing
bad format or computer program which are eligible to induce
damage to computing the specified agent, and documents subject to
a special register or not subject to the registration of that specified by the originator of the
shall indicate in the order spisovém, in the day, when they were designated agents
delivered or the designated originator created, unique
identifier.
(2) the unique identifier referred to in paragraph 1, the designation of the document
to ensure its originality. The unique identifier must be
the document is linked.
(3) the documents bearing the unique identifier is recorded in
a register of documents. A record of the document in the registration documents is associated with
document unique identifier.
(4) documents registered in accordance with paragraph 3 shall be submitted to the competent
organisational components specified by the designer or the person in charge of
which will make the record in the relevant registration documents. ".
131. section 65 and 66, including the following titles:
"§ 65
Processing and signing documents
(1) when handling documents, all documents relating to the same subject matter
combine in the file. Documents in analog form with each other come together physically,
documents in digital form are mutually correlated through metadata,
each document in the analog form and document in the digital
the form is made by using the links.
(2) Expediting the file means the design, its approval,
copy, sign, and the outfitting of the decision or of the other forms of execution.
(3) a document to be posted on the official notice board, it is so by posting
its a copy with the date of the fly. After removing the hook
a copy of the dated removal and include in the appropriate file as
proof of posting up a document on the official notice board. The provisions of the first sentence and
the second does not apply to the publication of documents on the electronic official
the Board.
(4) the Documents specified by the originator of the signs of its statutory authority, or
any other person authorised to act for him or a person who was
the statutory body entrusted with.
(5) after the settlement of the case, the file closes. The closure of the file means
the completion of all documents belonging to the file, convert documents in
digital format to the output data format and check and replenishment
information pursuant to section 66 before saving to the registry.
(6) from the closed file shall not be removed by individual documents.
Closed the file it is possible to connect to another file, if it has not expired
discarding period.
(7) the use of the stamps with the State emblem, advanced electronic
signature based on a qualified certificate issued by an accredited
the certification services provider (hereinafter referred to as "the acclaimed electronic
the signature "), the electronic tag system based on qualified
a certificate issued by an accredited certification service provider
(hereinafter referred to as "e-mark") and a qualified timestamp
modifies the specified by the originator of the spisovém order.
section 66
Records retention regulations
(1) Determine the originator shall issue the filing procedure.
(2) part of the documents of the order's records retention and disposal schedule. Records retention and
discarding the plan contains a list of the types of documents classified into general ledger
groups with spisovými characters skartačními characters and skartačními
the time limits.
(3) the determination of the originators of the documents indicate the spisovými characters skartačními
characters and skartačními deadlines, according to the documents and retention plan.
(4) change the discarding periods after which the document can be done after
the approval of the relevant archive. ".
132. Article 67, the words "written document" shall be replaced by the word "Document".
133. In section 68, paragraph. 1 the words "on the site dedicated to the storage of documents,
to search for and transmission of documents for use by the designated agent, and to the
implementation of retention management (hereinafter referred to as the "registry") ' shall be replaced by the words "in the
the registry ", the words" the registry is used to store documents with long-term
skartačními time limits (hereinafter referred to as "the administrative file") ' shall be replaced by the words
"administrative archives", the words "determine her agents have set up a" are replaced by the
the words "specified agent" and the words "established in the podacího journal"
replaced by the words "in the register pursuant to section 64."
134. In section 68, paragraph. 3 the word "liquidator" shall be deleted.
135. In section 68, paragraph 4 reads:
"(4) the building in which is located the registry or administrative files, must
meet the following conditions:
and premises for the storage of documents) shall not be affected by the flood,
(b)) must be handled by the fire for her documentation and must be equipped with
hand fire extinguishers; in the premises for the storage of documents must be
located only powder fire extinguishers,
(c)) in the premises for storing documents may not lead plumbing, hot water,
steam or gas pipe and rain and sewage drains,
d) spaces for saving documents must be fitted with shelves for storage
documents,
e) premises for the storage of documents must be secured against entry
unauthorised persons. ".
136. under section 68 shall be added to § 68a, that including the title:
"§ 68a
Document separation
(1) upon cancellation of a designated agent shall be made documental separation.
(2) the number of legal separation before the date your cancellation prepares the specified
the causative agent, the legal successor to the defunct designated agent, and
If it is not, the liquidator.
(3) closed and stored writings, which has expired, the time limit shall be discarding
to the retention of the proceedings under section 7 to 9.
(4) closed the writings, which has a time limit, discarding is stored in
the registry or the administrative archives of the designated agent, who is the legal
the successor to the defunct designated agent, and if not, it shall ensure their
Save the liquidator, after consultation with the relevant archive. Transmitted to the writings
and documents shall be entered in the submission list.
(5) Pending files shall be forwarded to the designated agents, on which she crossed
the scope of the settlement. Transmitted to the writings and documents shall be entered in
the handover of the list. Specified by the originator, which is the legal successor of the
discontinuing a designated agent, registered documents and writings and takes
Filed under section 64.
(6) determination of the originators of the procedure in the implementation file of separation in
spisových systems.
(7) the provisions of paragraphs 1 to 6 shall apply mutatis mutandis to the cancellation of
the organizational part of the designated pathogens. ".
137. In § 69 paragraph 2 is added:
"(2) the determination of the originators of the omission in paragraph 1 may establish administrative archive
with the consent of the Ministry. ".
138. In section 69, paragraph. 3 (b). and the words "u) established the organizational
folders, contributory organizations and other legal entities ' shall be deleted.
139. In § 69 at the end of paragraph 3, the dot is replaced by a comma and the following
subparagraph (c)) to e) are added:
"(c)) takes over from the registry documents longer than 5 skartačními deadlines
years, it is registered, cares for them, allows the consultation and the provision of
copies, extracts and copies,
(d) the selection of the records) in the discard procedure,
(e) the documents specified by the originator (1886)), which will be in the discard
management selected as archival material, for a specified period and prepares for them
Provisional inventory list, the copy of the forwards to the competent
the archive; Provisional inventory list means a basic list
all inventory units of an archive group or its affiliates. ".
140. In § 69 paragraph 4 is added:
"(4) the designation of the agents, who have set up an administrative archive, established in their
spisových time limit after which schedules, documents will be stored in the registry. After
the expiry of this deadline, the documents, whose discarding period is longer than the
the time limit for the deposit of documents in the registry shall transmit to the administrative
Archive. ".
141. the following section is inserted after section 69 69, including title:
"§ 69a
Special provisions concerning documents in digital form
(1) if the document is not delivered in digital form fitted with a recognized
an electronic signature, the electronic tag or a qualified
the time stamp specified by the originator it shall bear a qualified time
the stamp.
(2) if the document Is delivered in digital form fitted with a recognized
an electronic signature, the electronic tag or a qualified
time stamp, designated agent
and) validates a recognised electronic signature, electronic
tag or a qualified timestamp and force qualified
certificate or a qualified system certificate,
(b) the data shall be recorded on the outcome) of the verification referred to in point (a)) and shall keep them
along with the document delivered in digital form.
(3) the retention of the document in digital format specified by the originator is performing
the procedure guaranteeing the authenticity of the origin of a document, the integrity of its
the content and readability of the document, including data demonstrating the existence of a
document in digital form over time. These properties must be preserved
for discarding periods document. If you need to preserve the credibility of
the origin of the document is shorter than the time limit, the document shredding it specified
the agent in your spisovém and discard the plan.
(4) the Transfer document in analog form on the document in a digital
form and vice versa, and change the format of a document in digital format done
specified by the originator of the procedure guaranteeing the authenticity of the origin of the document,
the integrity of its contents, the readability of the document and the security process
convert or format changes.
(5) Data Connection, which arose during the preparation of the document for retention
in accordance with paragraph 3, or transferring or changing the format of a document referred to in
paragraph 4 and which are for keeping the document or convert or change
the format of the document is necessary, is not considered a violation of the content of the document.
(6) Before you convert a document in digital form to the document in the
analog form or by changing the format of a document in digital form will verify the
specified by the originator of the validity of a recognised electronic signature, electronic
tag or a qualified timestamp, if the document is in
the digital form of a bear. Information on the results of the verification and the date of the transfer
document in digital form to the document in the analog form or date
changes to the format of a document in digital format specified by the originator of the record and
retain them together with the document resulting from the transferring or changing the format.
(7) a document in digital format resulting from converting from a document in the
analog form or by changing the format of a document in digital form
with the addition of the date of the transfer shall affix specified by the originator of the recognized
an electronic signature of the person responsible for the transfer of the document in the
analog form or change the format of a document in digital format, or
his electronic tag and a qualified timestamp.
(8) unless it is the opposite, a document in digital form shall be deemed to
right, if it was signed with a valid recognized electronic signature or
marked with a valid electronic tag the person who was in the
the time of signing or marking shall be entitled to, the person responsible for
convert from the document in an analog format, or change the format of the document in the
digital form, or the person responsible for the implementation of the authorized
conversion of documents and provided with a qualified timestamp.
The provisions of the first sentence shall also apply to documents arising from the activities of the
the agents, who are not designated by the originators. ".
142. section 70:
"§ 70
(1) Implementing legislation lays down the details of the performance of the file services,
and it
and receiving of documents)
(b) labelling and registration of documents),
(c) distribution of documents)
d) circulation of documents,
(e) handling of documents)
(f) the preparation of documents)
(g)) and the use of stamps, signing documents,
h) sending documents,
I) storing documents,
j) decommissioning of documents,
to output data formats) documents in digital form,
l) number of the separation.
(2) National standard for electronic records systems, which
the Ministry will publish in the Journal of the Department of and in a manner that allows
remote access, lays down the requirements for the electronic filing systems
services, and it
and receiving of documents)
(b) labelling and registration of documents),
(c)) search, sending and viewing documents
d) storing documents,
(e) the imposition and document selection) of the records,
f) documentation of the life cycle of electronic records system,
g) filing and shredding plan,
(h)), the transaction log,
and management functions)
(j)). ".
143. In § 71 paragraph 1 and 2 shall be added:
"(1) the control of compliance with the obligations in the field of archival science and performance
file services exercise
and Ministry of all intended) agents and the archives except
the intelligence services of the Czech Republic and their archives, in particular for
1. The national archives,
2. The archives of the security services,
3. the State regional archives,
4. the armed forces
5. the security forces,
6. specialized archives and security archives established
ministries, other central administrative authorities, the Office of the
the Chamber of Deputies, the Senate Offices, offices of the President of the Republic, the Czech
National Bank or the security forces,
(b)) at the national archives
1. the organizational components of the State with statewide jurisdiction and State
contribution organisations established by these organizational units
and established specialized archives, with the exception of the organizational
State and specialized archives in accordance with subparagraph (a)),
2. the State contributory organizations established by law, and for them
established specialized archives,
3. scientific research institutions, which fulfils the function of the founder
The Academy of Sciences of the Czech Republic,
4. legal persons established under the law with nationwide and for them
established specialized archives,
5. private archives, if their is the founder of the body referred to in section
paragraph 46. 1, and their founders,
6. the cultural and scientific institutions, if they have in their custody papers,
which leads in the secondary register of national cultural heritage, National
Archive,
7. owners and keepers of public records stored outside of the archive, which leads in the
Basic records of the national archives,
8. for private agents, in respect of the obligation provided for in § 3
paragraph. 2,
(c)) the State regional archives in accordance with its territorial scope of the
1. the organizational components of the State with territorial responsibility defined territory
the County, district or municipality and the State contributory organizations established
These branches of the State and have established specialized
the archives,
2. State-owned enterprises and established specialized archives,
3. territorial self-governing units, archives, established in
organisational components, contributory organizations and other legal
persons established or territorial self-governing units and based on
organisational components, contributory organizations and other legal
persons to whom any local government unit shall exercise the function of the founder,
4. universities and established specialized archives,
5. schools and established specialized archives,
6. health insurance companies,
7. public research institutions, with the exception of public research
the institution, which performs the function of the founder of the Czech Academy of Sciences
of the Republic,
8. legal persons established under the law with the territorial scope of the stage
the territory of the County, district or municipality and established specialized
the archives,
9. the cultural and scientific institutions, if they have in their custody papers,
which leads in the secondary register of national cultural heritage, national
regional archives,
10. private archives, with the exception of those for which checks the
The national archives, and their founders,
11. owners and keepers of public records stored outside of the archive, which leads in the
Basic records of State regional archive,
12. private agents, in respect of the obligation provided for in § 3
paragraph. 2,
(d)) at the Security Archive Institute for the study of totalitarian
modes.
(2) the administrative authorities referred to in paragraph 1 shall check for file services
carried out in electronic form only the metadata and output data
the formats of documents in digital format intended for skartačnímu management. ".
144. section 73 to 75, including the following titles:
"§ 73
Misdemeanors
(1) a natural person has committed the offence by
and will damage or destroy archiválii), or a document, or
(b)) archiválii without a permit under section 29. 1.
(2) a natural person as an employee of the Administrative Office of the
Archives and records, employee performance archive, or
an employee of the founder of the archive of offence committed by that breach
the obligation to maintain confidentiality in accordance with section 14.
(3) a natural person as the owner of the papers, archival collections,
an archive of the Fund or their comprehensive section, which was initiated
proceedings for a declaration for the archival cultural heritage, committed the offence
Thus, contrary to § 21. 5 notifies the intended to change their
location or intended transfer of ownership or the transition.
(4) a natural person as the owner or the holder of the papers committing
offence by
and foster of archiválii) according to § 25 paragraph. 1 (a). and)
(b)) in contravention of section 25, paragraph. 1 (a). b) notifies the transfer of ownership
to archiválii or the conclusion of contracts for the safekeeping thereof,
(c)) in contravention of section 29. 3 nedoveze archiválii good back on
the territory of the Czech Republic,
(d)) in contravention of section 30 paragraph. 1 the Pact at their own cost security
a copy of the papers declared an archival cultural heritage or for
a national monument, or
(e)) does not ensure the preservation or restoration of damaged or endangered
Archive of cultural monuments or national cultural monuments in accordance with section 30
paragraph. 5.
(5) any natural person as the owner or the holder of the papers, which is
stored outside of the archive, which leads in the base of the national register
the archive heritage archive by its scope, commits
an offence that does not pass the archives the data according to § 25 paragraph. 2.
(6) any natural person as the owner of the papers committing an offence by
archiválii will not offer priority to purchase pursuant to section 28, paragraph. 1 and 2.
(7) can impose a fine for the offense to
and 400 000 CZK), if the offence referred to in paragraph 4 (b). (d)),
(b)) 100 000 CZK in the case of an offense under paragraph 1 or paragraph 4 of
(a). (c)); If it is destroyed, damaged, or improperly exported
nedovezená papers
1. the subject of proceedings for a declaration for the archival cultural heritage or for
a national monument, you can impose a fine up to 200 000 CZK
2. archival cultural monument, you can impose a fine up to Czk 500 000,
3. the national cultural monument, you can impose a fine up to Czk 1 0000 0000,
c) 50 000 CZK in the case of an offense under paragraph 2, 3, paragraph 4 (b).
and) or (e)), or to paragraph 6,
d) 5 000 Czk in the case of the offence referred to in paragraph 4 (b). (b)) or paragraph
5.
§ 74
Administrative delicts of legal entities and natural persons-entrepreneurs
(1) Legal or natural person established by the administrative
tort by takes archiválii without a permit under section 29. 1.
(2) the Legal or natural person, operating as the owner
papers, archival collections, the archive Fund or their comprehensive
the parts, which were initiated proceedings for a declaration for the archival, cultural
memory, committed misconduct by contrary to § 21. 5
notifies the intended change their location or intended transfer or
the transition of ownership rights.
(3) the legal person as the owner or the holder of the papers committing
offence by
and foster of archiválii) according to § 25 paragraph. 1 (a). and)
(b)) in contravention of section 25, paragraph. 1 (a). b) notifies the transfer of ownership
to archiválii or the conclusion of contracts for the safekeeping thereof,
(c)) in contravention of section 29. 3 nedoveze archiválii good back on
the territory of the Czech Republic,
(d)) in contravention of section 30 paragraph. 1 the Pact at their own cost security
a copy of the papers declared an archival cultural heritage or for
a national monument, or
(e)) does not ensure the preservation or restoration of damaged or endangered
Archive of cultural monuments or national cultural monuments in accordance with section 30
paragraph. 5.
(4) the Legal or natural person, operating as the owner or
the holder of the records that are stored outside the file, and which results in a
the basic registration, the competent National Archive heritage archive by
its scope, committed misconduct that does not pass the archives
information according to § 25 paragraph. 2.
(5) a legal entity or a natural person as a business owner
records committed misconduct that does not offer archiválii
priority to purchase pursuant to section 28, paragraph. 1 and 2.
(6) a public agent or legal or physical business
as the originator of the private person has committed misconduct by
contrary to section 3 of the document will not keep or does not allow selection of papers.
(7) a designated agent has committed misconduct by
and) contrary to section 63 does not fill in the service,
b) contrary to section 66 paragraph. 1 fails to file the order or the filing and shredding
the plan, or in contravention of section 66 paragraph. 2 indicates the documents referred to in
retention of the order and of the documents and shredding plan spisovými characters
skartačními characters and skartačními deadlines, or
(c) fails to comply with conditions) for saving documents under section 68.
(8) the designer or his successor in title has committed misconduct by
that does not, or will not allow the management oversight of shredding on the implementation of the
retention management and selection of the records in the discard control.
(9) for the administrative offence is imposed in the
and 400 000 CZK), with respect to the administrative offence referred to in paragraph 3 (b). (d)),
b) 200 000 CZK in the case of an administrative offence under paragraph 6, 7 or 8,
c) 100 000 CZK in the case of an administrative offence referred to in paragraph 1 or paragraph 3 of
(a). (c)); If it is unlawfully removed or nedovezená papers
1. the subject of proceedings for a declaration for the archival cultural heritage or for
a national monument, you can impose a fine up to 200 000 CZK
2. archival cultural monument, you can impose a fine up to Czk 500 000,
3. the national cultural monument, you can impose a fine up to Czk 1 0000 0000,
d) 50 000 CZK in the case of an administrative offence referred to in paragraph 2, paragraph 3
(a). and) or (e)), or to paragraph 5,
e) 5 000 CZK in the case of an administrative offence under paragraph 3 (b). (b)) or
of paragraph 4.
§ 75
Common provisions on administrative offences
(1) a legal person under the administrative tort does not match, if he proves that
made every effort, that it was possible to require that the infringement of the
a legal obligation.
(2) in determining the acreage of the fine legal person shall take into account the seriousness of the
the administrative tort, in particular to the manner in which it was committed and its consequences
the circumstances under which it was committed.
(3) the responsibility for the administrative offence shall cease, if the administrative authority about him
has commenced proceedings in the 2 years of the date on which it learned, no later than
However, within 10 years from the day when it was committed.
(4) administrative offences under this law are heard at first instance
The national archives, archives of the security services or State regional
files in the range of its competence laid down in this law.
(5) The liability for the acts, which took place in the business of physical
person or in direct connection with the applicable provisions of the law on
the liability of legal persons and sanctions. "
145. section 76 shall be repealed.
146. Article 77, paragraph 2 shall be deleted.
The former paragraph 3 shall become paragraph 2.
147. In § 79 paragraph. 2 (f)):
"(f)) shall be submitted on request to the protocols of discard control and
on the selection of the records out of control to assess the shredding
the competent State district archive. ".
148. In section 81 is the number "3" is replaced by "10".
149. In section 86, the words "§ 9 (2). 2 ", the words" section 13 (3). 5. "
150. the annex No. 1 including title:
"The annex No. 1 to the law no 499/2004 Sb.
Documents arising from the activities of entrepreneurs registered in the commercial
the index, which are the entrepreneurs behind the conditions laid down in this Act
be required to keep and allow selection of records
1. The Statute of the
and the founding documents)
(b) statutes, the statutes) of the rules of procedure, business schedules and diagrams,
(c)) documents on the transformation of a legal person,
(d) a liquidation and dissolution) entrepreneurs registered in the commercial
the register.
2. the management of the
and) protocols and the minutes of the meetings of the statutory body and supervisory authority,
the reports of the supervisory authority, the minutes of the General meetings, the
(b)) the management acts of leadership of entrepreneurs registered in the commercial register,
the minutes of the meetings of the management
(c)) of the report on the business activities of entrepreneurs registered in the commercial
the index and State of assets,
d) audit report, if they are not included in the annual report,
(e)) of the annual report.
3. property
and the inventory of property) extraordinary creation, Division or liquidation of
entrepreneurs registered in the commercial register,
(b)) of the Treaty on the transfer of the ownership right to property and of the Charter of
certifying the transition of ownership rights to property
(c) registration and certification) of the trade marks,
(d)) usable designs.
4. Financial documents
and) accounts
(b) the annual statistical reports).
5. Promotional activities
Examples of custom promotional materials and documentation, in particular the leaflets,
publications, brochures, catalogs, ads, containers, films,
photos.
6. production, business
and business plans, development) studies, plans, production
(b)) and a longer production programs, the analysis of the annual with comments,
(c)), the Assembly of the products documentation drawings or reports,
(d)) own standards
e) Awards products. ".
151. the annex No. 2 including title:
"Annex No. 2 to the law no 499/2004 Sb.
Documents that will be submitted according to the content always to select for
papers
1. Minutes of the meetings of the organs of legislative and executive power of the Government, and
territorial self-government authorities at all stages of
2. The founding Charter, statutes, organizational and other documents on the
organizational structure, management, administration, management, control, and
their results
and the legislative authorities, Government) and executive power and bodies of territorial self-government
at all stages,
(b)) and all degrees of judicial folder types, notary public, State
the Prosecutor's Office and their predecessors,
(c)) and the State contributory organizations subsidized organizations, municipalities and
regions, economic, budgetary and other government organizations
controlled, or managed by State authorities or national committees,
and the predecessors of these organizations,
(d)) business organizations based or controlled by Central and
child State administration bodies, bodies of territorial self-government and their
predecessors,
(e) cooperative organizations, their) device and predecessors,
(f)) of all the components and equipment of the armed forces and security forces,
(g)) of political parties, political movements, civil associations,
trade unions and employers ' organisations,
3. International contractual documents the presidential, governmental and departmental levels
4. Documents of the geodetic and cartographical, land registers
5. Documentation of important buildings
6. The Chronicles of
7. The Registrar of births, devotees, registered partners of deceased,
military, students, members of Chambers and civic associations, collections
civil status documents, documents about the acquisition and dispose of citizenship
8. Annual budgets, final accounts, annual financial statements
9. Historical census population sheets
10. Court judgments for political offenses, for crimes against humanity,
for the restriction of human rights and freedoms, for serious offences against the
life, health and property of citizens
11. the personal writings of prominent personalities of the political, economic,
the scientific, technical, cultural, religious, Church, and
the sporting life
12. Manuscripts of major literary works
13. Filing journals, indexes, elenchy, stem leaves, global
the Ark, and other types of basic accounting tools records
14. Privatisation projects
15. Rehabilitation writings
16. Monitor reports, catalogs, datasheets, reports about the final
the tests, protocols of the graduation tests issued by the basic and
secondary schools and State examinations on
high schools
17. Documents arising from activities of the security forces in the period
the Communist totalitarian regime
18. The original negatives, reproducing a copy and duplicating the negatives
drama, documentary and animated films
19. the documents, which contain vital information on the
the living conditions of the population) in the contemporary State and
economic conditions,
b) strategies, concepts and planning the development of the economy, including the
important accounting and statistical reports and summaries,
c) monetary policy,
(d)) and their related conditions change, konfiskacích and
restitution of property,
e) legislation of international relations,
f) legislation, including their unrealized proposals
(g)), the territorial State borders of the breakdown of the State borders of the administrative
circuits, symbols of the State and territorial self-governing units, local
names and their changes, merging and splitting of municipalities,
(h)), and the State development health, social care and assistance in material need
and levels of housing,
and development and status) of science and technology,
(j)) and the State of development of education, culture and the arts, physical education and sport,
the development and condition of the) transport and communications,
l) land use planning,
m) substantial changes and measures in environmental protection,
n) geological and soil surveys,
o) technical development, including patents on important inventions,
p) cultural monuments and their maintenance, reconstruction and protection,
q) the life and work of prominent personalities,
r) electoral results and the results of the referendums,
with membership in international organisations). ".
152. the annex No. 3 including title:
"The annex No. 3 to the law no 499/2004 Sb.
Papers, which are classified in category I.
1. In the category are classified
and cultural relics and archives) national monuments
(b) the records for the year incurred) 1526,
(c)) of the instrument resulting from the years 1527 until 1648,
(d)) of the Charter of public service and shown significant character
After a year of 1648,
e) seal (typáře) created by the end of the first half of the 17. the century; After
During this period only the seal of the extraordinary artistic value.
2. In the category are classified as well as other papers, if
not included already under the provisions of paragraph 1,
and the Earth, the courtly) (manské, Liege) boards, books, svobodníků, inventories
subjects and svobodníků, the urbáře, the land, the top and the railway books,
urban books from the předmagistrátního period, the Registrar of births, deaths
and devotees, the Registrar, the Registrar, military, College and papers
documenting the basic changes in the number, structure and way of life
of the population,
(b)) tax katastry,
(c)) the basic papers on státoprávním arrangement of the State of the business
the structure and the activities of its institutions,
(d)) and the protocols of the meetings of all legislatures, of
meeting of Governments since 1918, all minutes of meetings of the representative and
similar councils,
(e) significant legal papers), adaptation of international relations, in particular
the Treaty concerning the adjustment of relations between States and the relationship between major
social, scientific, economic and other institutions,
(f)) for setting, modifying records and modify the State border (border
agenda),
g) vital records of economic nature, resulting from the activities of the
the top state authorities on questions of monetary policy, for the
strategic decisions of State economic policy and public
interventions in the structure of ownership of the means of production, in particular
land reform, nationalization, privatization,
(h)) on the development of basic archival science, technology and culture,
I) serious papers arising from the activities of the central organs of the political
the parties and other relevant social organizations (corporations) and
Civil Association
j) papers depicting the struggle for basic human rights and freedoms,
political and social emancipation of population groups and for trade union rights
employees and employers ' rights,
to the minutes of the meeting of the Summit) the authorities of the Czechoslovak Republic in
exile from 1939 to 1945,
l) records relating to the Munich crisis in 1938, papers
significantly, documenting the system and the methods of the Nazi power in our territory in the
from 1938 to 1945, arising from the activities of top říšskoněmeckých
the bodies and organizations of the Nazi papers concerning the renewal of
Czechoslovak statehood in 1945 and post-war arrangement
Czechoslovak Republic, records documenting the communist coup
in 1948, the occupation of Czechoslovakia in 1968, the end of the Communist
the totalitarian regime in 1989 and the subsequent restoration of democracy
the establishment,
m) records showing the anti-Nazi and anti-communist resistance and
his persecution and repression against churches and religious societies,
n) papers of the European or world importance,
about) the basic geodetic and cartographic records,
p) manuscript maps and plans that are for their technical implementation or
artistic processing of extremely valuable, as well as manuscripts and printed maps
plans of domestic origin,
q) drawings, graphic sheets, and photos zpodobující places of the city,
significant person, historically significant event, costumes and instruments
exceptional documentary value, or valuable in terms of artistic or
technical implementation or its ojedinělostí,
r) plans and drawings of machines, tools and machinery, resulting in the
the year 1850,
with historically extremely important) correspondence, manuscripts of significant
musical, literary, scientific and professional works,
t) memorials, chronicles and journals describing the significant historical events
or containing information of a larger historical period,
u) papers valuable (such as illuminated books and
manuscripts with miniatures)
in the audio and film), all papers resulting in 1930; After this
only those that are extremely significant artistically, technical
performing or its documentary value,
w) records of military-political and military-technical nature,
documenting the position and mission of the armed forces and the armed
security forces and containing more information about their
the Organization, the quantitative status and the technical equipment. ".
153. in annex No 4 in g (a)) for the word "German", the words
"based in Krnov.
Article. (II)
Transitional provisions
1. the security archives, which operate according to the existing
the legislation shall be considered as the date of the entry into force of this Act for
accredited. Their founders show within 3 years from the date of acquisition
the effectiveness of this law to the Ministry of the Interior, that the security archives
comply with the conditions set out in section 61, if you have not done so.
2. Determine the agents bring their records, electronic systems
file services carried out in electronic form and to file schedules to
accordance with the law No. 499/2004 Coll., as amended, effective from the date of acquisition
the effectiveness of this law, within 3 years from the date of entry into force of this
the law.
3. For a period of 3 years from the date of entry into force of this Act, the documents in the
digital form to skartačnímu the proceedings transferred after the conclusion of
file into an analog form.
Article. (III)
For the publication of the full text of the Act
The Prime Minister is hereby empowered to make in the collection of laws, promulgated the full text
Law No. 499/2004 Coll. on Archives and archival service, as is apparent from the
the laws of it changing.
PART THE SECOND
The amendment to the law on electronic signature
Article. (IV)
In section 6 (1). 6 Act No 227/2000 Coll., on electronic signature and amending
certain other laws (the law on electronic signature), as amended by
Act No. 440/2004 Coll., the words "at least 10 years" shall be replaced by ' 10
years of age; After the end of the transmit without undue delay to the Ministry list
as a qualified certificate, which have been invalidated so that ".
PART THE THIRD
The amendment to the law on registers, name and surname
Article. In
Law No. 301/2000 Coll. on registers, the name and surname and change
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., and
Act No. 41/2009 Coll., is hereby amended as follows:
1. In article 8, paragraphs 4 and 6 shall be deleted.
The present paragraph 5 shall become paragraph 4 and paragraphs 7
up to 12 are renumbered as paragraphs 5 to 10.
2. under section 8, the following new section 8a is inserted:
"§ 8a
If the original registry books, and duplicate the register kept by 31 December.
in December 1958, stored in the national archives, the military historical archive, the
the State regional archives or archives of the city of Prague
and), in which the archive is stored the original register, an additional
write registry events, register the fact, repairs or changes to the
of the original. The registration shall bear the date of its signature and copy
archiver. Of the Charter, on the basis of the additional registration under the sentence was
first performed, together with the written communication with the wording of this writing this
Archive National Archive, passes the Military historical archive, the
the State district archive or the archives of the city of Prague, in which
duplicate is stored into the register kept by 31. in December 1958,
(b)), in which the archive is stored in the register book kept duplicate 31.
in December 1958, the additional registration of the register, the register of events
fact, repairs or changes on the basis of the written communication referred to in point (a)
and, this duplicates). Of the Charter, under which was made
additional registration pursuant to the first sentence, to be stored outside of the duplicated
in a separate folder for each calendar year, the reference to the
the original registry book in which the additional write registry
events, facts, or repair the registry changes made. The registration of the
dated and signed his copy of archiver. ".
3. In section 87, paragraph. 2 the words "§ 8 paragraph. 8, § 8 paragraph. 9 (a). and, § 8)
paragraph. 10 "shall be replaced by the words" § 8 paragraph. 6, § 8 paragraph. 7 (b). and), § 8 paragraph.
8. "
PART THE FOURTH
Amendment of the Act on electronic acts and authorized document conversion
Article. (VI)
Act No. 300/2008 Coll., on electronic acts and authorized the conversion of
documents, shall be amended as follows:
1. In article 1 (1). 1, letter a) the following new subparagraph (b)), which read:
"(b)), document delivery, entrepreneurial natural persons natural persons and
legal persons by means of data ".
The former subparagraph (b)) and (c)) shall become points (c) and (d)).)
2. In section 2, at the end of paragraph 1, the period is replaced by a comma and the following
the letter c), which read:
"(c)), document delivery, entrepreneurial natural persons natural persons and
legal persons. ".
3. in section 5, the following new section 5a is inserted:
"§ 5a
If the natural or legal person with responsibility in the field of public
the Administration, at the request of her Ministry will make its data box
also the function of the data boxes filled in accordance with section 6. In the application referred to in the sentence
the first natural or legal person shall certify that the scope of the exercises in the
the field of public administration. If so requested by the natural or legal person
According to the first sentence or disposed of if the natural or legal person
competence in the field of public administration, the Ministry also does not allow to
the data box is also fulfilled the function of the Clipboard data according to § 6. About
the fact that the termination is in the area of public administration, natural
or legal person referred to in the first sentence shall promptly inform the
the Ministry. The Ministry will establish a legal person referred to in the first sentence
on request, free of charge, additional data of the legal person mailbox filling
also the function of the Clipboard data according to § 6. The provisions of section 6 (1). 2 to 4,
shall apply mutatis mutandis. ";"
4. section 6, including the title:
"section 6
Data box of the public authority
(1) data mailbox public authority shall establish the Ministry free of charge
a public authority, and it immediately after its creation, and in the case of notaries
and of bailiffs immediately after receiving information on their
entry in the register prescribed by law.
(2) additional data box of the public authority shall establish a Ministry of authority
public power, free of charge, on request of that authority within 3 working days from the
the date of filing of the application. Data box shall be established in accordance with the first sentence, in particular,
to the need for internal organizational units of the public authority.
(3) the particulars of the request for the establishment of other public authority data mailbox
power are
and the name of a public authority) and an internal organizational unit name
a public authority, for which the need for the data box is established,
(b) the identification number of the operator), if allocated, the
(c) the address of the registered office),
(d) the name, if applicable) name, surname, date of birth and address of residence
the person to be sent to access data.
(4) if the request complies with the establishment of other public authority data mailbox
power requirements laid down in paragraph 3, shall establish a Ministry for more data
the mailbox and the public authority shall send the access data to this data
mailbox to a person referred to in paragraph 3 (b). (d)) into their own hands, otherwise
public authority after previous futile call for elimination of the deficiencies
the application shall inform the next public authority data mailbox
cannot be set up.
(5) a public authority shall be set up only the data box of the public
power. ".
5. In article 7 paragraphs 1 and 2 shall be added:
"(1) the authorities of the territorial self-governing unit establishes one data
the mailbox of the public authority, has requested a territorial self-governing unit
the establishment of the additional data the Clipboard of the public authority.
(2) the authorities of the City section of the capital city of Prague is established one
data box of the public authority, the request to the city part of the main
the city of Prague on the establishment of additional data box of the public authority. For
authorities of the urban part of the borough or chartered
the city establishes a data box of the public
to be able to, if has broken down territorial statutory city on the establishment of additional
data mailboxes of the public authority. ".
6. In section 10, paragraph 1. 1, the words ", where appropriate, to the administrator," shall be deleted.
7. In section 10, paragraph 1. 2 the word "or" shall be deleted.
8. In section 10, paragraph 1. 3, the words ", or an admin, otherwise
be sent to the person referred to in section 8 (2). 1 to 4 "are deleted.
9. In section 11 paragraph 4 is added:
"(4) the Ministry of making data deposit box of a natural person,
entrepreneurial natural persons, legal persons or public authority
also, at the request of the person or public authority to whom the data has been
box set up, or the administrator, if the data deposit box,
the Ministry establishes on application. ".
10. In section 11 paragraph 6 is added:
"(6) Znepřístupněnou data mailbox by natural persons, doing business
a natural person, a legal person or a public authority, the Ministry of
make available, at the request of the person or public authority to whom the data has been
box set up, or the administrator within 3 working days from the submission of the
request. If the data box at the request of the disabled twice for
last year, it can be made available as soon as possible the expiry of 1 year from its
the last unavailable. ".
11. In section 12, paragraph. 2 the word "znepřístupnilo" shall be replaced by
"zneplatnilo" and the word "unavailable" with the word "invalidation".
12. In section 12, paragraph. 3 last sentence, the words ", where appropriate,
the administrator "shall be deleted.
13. In section 14 is at the end of paragraph 2 the following sentence "the costs associated with the
the operation of the information system shall be borne by the State of the data boxes
the funds of the State budget earmarked by the proposal of the Ministry for
set purpose in Chapter General cash administration ^ 5a). ".
Footnote 5a is added:
"5a) section 10 of Act No. 218/2000 Coll., as amended.".
14. In section 14, paragraph. 4, the words "public authorities" shall be deleted.
15. In section 15 paragraph 8 is added:
"(8) for administrative authority of the head of the registration of entrepreneurial natural persons or
legal persons shall forthwith inform the Ministry about writing
entrepreneurial natural persons or legal persons in the register of
the data led on the entrepreneurial natural person or legal person in the
This record is strictly necessary for the establishment of the data boxes and their
changes and deletion of entrepreneurial natural persons or legal entities of the
This record. ".
16. In article 15, the following paragraph 9 is added:
"(9) the information referred to in paragraphs 2 to 8 of the Ministry are provided
in a way that allows remote access. ".
17. under section 18 shall be added to § 18a, which including the title:
"§ 18a
Document delivery by natural persons, natural persons-entrepreneurs and
legal persons
(1) the Ministry will allow, at the request of the natural person, the entrepreneurial natural
the person or the legal person supplying the documents from the other data mailbox
natural persons, the entrepreneurial natural persons or legal entities to the data
This person's mailbox.
(2) the provisions of § 17 paragraph. 3 and 4 of the document supplied pursuant to paragraph 1
It does not apply. The document referred to in paragraph 1 is delivered the moment when his
the takeover will confirm the addressee to the sender via your data
the Clipboard; This confirmation is free.
(3) for the delivery of the document referred to in paragraph 1 shall be payable to the operator
information system data fees paid by natural
the person operating the natural person or legal person, whose data
the document was sent to the mailbox. The remuneration referred to in the first sentence shall be determined according to the
price regulations ^ 5). ".
18. In section 19, paragraph. 1, the word "and" after the word "mailbox" is replaced by a comma and
the words "power through the Clipboard data" with the words "and
documents for natural persons, legal entities and natural persons-entrepreneurs
persons supplied through the Clipboard data ".
19. In section 20 (2). 1 (a). (c)), the word "Ministry" is deleted.
20. In section 20 (2). 1 at the end of the text of the letter e), the words "; It
does not apply in the case of the document referred to in section 18a ".
21. In section 20, at the end of paragraph 1, the period is replaced by a comma and the following
the letter j) is added:
"j) publish, in a manner enabling the remote access list of the public
power, natural and legal persons referred to in section 5a, and the organizational structure
public authorities and legal persons referred to in section 5a; public authorities
and legal persons according to § 5a shall promptly inform the Ministry about their
organizational structures and their changes. ".
22. In section 20 (2). 3, the second sentence shall be replaced by the phrase "the Ministry provides
by a decree of the technical requirements, the permissible use of data boxes
the formats of the data message, the maximum size of data messages and time saving
data messages in a mailbox. "and at the end of paragraph 3, the following
the sentence "the Ministry shall publish, in a manner enabling remote access list
possible technical means for the notification of delivery of data messages to the
data mailboxes. ".
23. In section 22, paragraph. 1 (a). and the word "), the report", the words "or
data file (hereinafter referred to as "the document contained in the data message"). "
24. In section 24, paragraph. 1 at the end of the text of subparagraph (a)), the words "
If it is equipped with input ".
25. In section 24, paragraph. 5, points (f), (g))) and i) are deleted.
Subparagraph (h)), j and k)) shall become letters (f)), g) and (h)).
26. In section 24, paragraph. 5 (a). (h)), the words "contained in the data message"
shall be deleted.
27. In section 25, paragraph. 2 at the end of the text of the letter g), the words ",
If the input was a skilled time stamp affixed. "
28. under section 26 the following new section 26a to 26 c, which including the following title:
"Administrative delicts
Section 26a
(1) a natural person has committed the offence by that data to the Clipboard
the spread of
and) unsolicited commercial or other unsolicited communication,
(b)) a computer program, which can cause damage to the information system
data boxes, the information contained in it or computer equipment holder
the data on the Clipboard.
(2) for the offence may be imposed a fine in
and 10 000 CZK), if the offence referred to in paragraph 1 (b). and)
(b)) 20 000 CZK, if the offence referred to in paragraph 1 (b). (b)).
section 26b
(1) a natural person-entrepreneur or legal person commits an administrative
tort by data mailbox used to spread
and) unsolicited commercial or other unsolicited communication,
(b)) a computer program, which can cause damage to the information system
data boxes, the information contained in it or computer equipment holder
the data on the Clipboard.
(2) for the administrative offence may be imposed a fine in
10 0000 0000 Czk), with respect to the administrative offence referred to in paragraph 1 (b). and)
(b)) 20 0000 0000 CZK in the case of the offence referred to in paragraph 1 (b). (b)).
section 26 c
(1) a legal person under the administrative tort does not match, if he proves that
made every effort, that it was possible to require that the infringement of the
a legal obligation.
(2) in determining the acreage of the fine legal person shall take into account the seriousness of the
the administrative tort, in particular to the manner in which it was committed and its consequences
the circumstances under which it was committed.
(3) the responsibility for the administrative offence shall cease, if the administrative authority about him
has commenced proceedings in the 2 years of the date on which it learned, no later than
However, within 10 years from the day when it was committed.
(4) administrative offences under this law are heard at first instance
the Ministry.
(5) The liability for the acts, which took place in the business of physical
person or in direct connection with the applicable provisions of the law on
the liability of legal persons and sanctions. "
29. In section 29 is at the end of paragraph 1, the following sentence "the Access to the data
the Clipboard through the electronic filing system or service
other electronic application, a third party can do also
through the system certificate under the conditions laid down in
operational documentation information system data; in such a
the case of the provisions for mandated persons shall not apply, access
through the system certificate also includes access to documents
designated by the addressee. ".
30. In section 30 to the end of the text of paragraph 1, the words "shall be added; the composition of the
the test is not required if the employee meets the requirements for the implementation of the
certification and legalization ^ 9) ".
Footnote 9 is added:
"section 14, paragraph 9). 1 of the law on validation. ".
31. In section 30, paragraph. 4, the words "implementing regulation" shall be replaced by
the word "Decree".
32. In section 31 shall be added at the end of paragraph 1, the phrase "data box under
the first sentence is made available the first time by the persons referred to in section 8 (2).
1 to 4. Logs-if the person referred to in section 8 (2). 1 to 4 to the data
Clipboard, Clipboard data shall be made available on 1 January 2004. November 2009.
The provisions of section 24, paragraph. 1 and 2 of the administrative code when the first
access data not applicable; the period provided for in § 23 paragraph. 4 of the administrative
the order in this case, the 90 days. ".
33. In section 31, paragraph. 2 the number "9" is replaced by "8".
Article. (VII)
Transitional provisions
After a period of six months from the day when it will take effect article. (VI) points 1, 2,
17, 18 and 20 of this Act, a natural person may, entrepreneurial natural
persons and legal persons into the mailbox of another natural person,
entrepreneurial natural persons or legal persons only invoice or
equivalent request for payment.
PART THE FIFTH
The amendment to the law on public administration information systems
Article. (VIII)
Act No. 365/2000 Coll., on public administration and information systems of the
Amendment of certain other acts, as amended by law 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. 269/2007 Coll. and act
No 130/2008 Coll., is hereby amended as follows:
1. In section 5 (3). 2 (a). (d)), the word "farming" is replaced by
"managed", the word "operator" is replaced by the word "Administrator" and
the word "existing" shall be replaced by the word "managed".
2. In article 5 (3). 2 (a). (e)), the word "operated" shall be replaced by
"managed".
3. In section 8a, paragraph. 3, after the word "Administration", the words "or other
administrative action entrusted to them by a special law. "
PART SIX
The EFFECTIVENESS of the
Article. (IX)
This law shall enter into force on 1 January 2005. July 2009, with the exception of article. (VI)
points 1, 2, 17, 18 and 20, which shall take effect on 1 January 2005. January 1, 2010.
Vaidya in the r.
Klaus r.
Fischer v. r.
