Database

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DENMARK

N/A

Pillar Telecom infrastructure & competition  |  Indicator Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
It is reported Denmark does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, accounting separation can be mandated in relation to certain price control mechanisms – only on SMP operators.
Coverage Telecommunications sector
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[{"post_id":"99080"},{"post_id":"99081"},{"post_id":"99082"}]
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'impact' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'DK')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2')\n\t\t\t\t\t\t\t\t)"
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'DK')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
ITA: [{"meta_value":"EU"}]

DENMARK

ITA signatory? I II

Pillar Tariffs and trade defence measures applied on ICT goods  |  Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
1.02%
Coverage rate of zero-tariffs on ICT goods (%)
79.09%
Coverage: ICT goods

CZECH REPUBLIC

N/A

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
The Czech Republic has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal

CZECH REPUBLIC

Since June 2014
Since December 1992, as amended in February 2016

Pillar Online sales and transactions  |  Indicator Framework for consumer protection applicable to online commerce
Consumer Rights Directive 2011/83/EU

Act No. 634/1992 Coll., Consumer Protection Act (634/1992 Sb. Zákon ze dne 16. prosince 1992 o ochraně spotřebitele)
The Consumer Rights Directive 2011/83/EU provides an updated framework aimed at encouraging online sales. The Directive has been implemented through an amendment of the Consumer Protection Act.
Coverage Horizontal

CZECH REPUBLIC

N/A

Pillar Online sales and transactions  |  Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
The Czech Republic has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

CZECH REPUBLIC

N/A

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
The Czech Republic has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal

CZECH REPUBLIC

Reported in 2024

Pillar Cross-border data policies  |  Indicator Conditional flow regime
Reported conditions for data storage abroad
It is reported that, pursuant to Czech tax and financial record legislation, VAT invoices issued under Act No. 235/2004 Coll., the VAT Act, must be stored within the territory of the Czech Republic. However, storage abroad is permitted provided that immediate remote access is ensured. In such cases, the tax authorities must be notified in advance of the storage location.
Coverage Horizontal

CZECH REPUBLIC

Since April 2016, entry into force in May 2018
Since April 2019, last amended in August 2025

Pillar Domestic data policies  |  Indicator Framework for data protection
General Data Protection Regulation (Regulation 2016/679)

Personal Data Processing Act (Zákon No. 110/2019 Sb. on Zpracování Osobních Údajů)
The European Union General Data Protection Regulation (GDPR) provides a comprehensive framework for data protection that applies to all EU Member States. The Personal Data Processing Act transposes the GDPR.
Coverage Horizontal

CZECH REPUBLIC

Since May 2006
In April 2014
Since February 2005, entry into force in May 2005, last amended in August 2025
Since March 2011

Pillar Domestic data policies  |  Indicator Minimum period for data retention
Data Retention Directive 2006/24/EC

Judgment European Court of Justice in Joined Cases C-293/12 and C-594/12 Digital Rights Ireland and Seitlinger and Others

Act No. 127/2005 Coll. on Electronic Communications (Zákon o elektronických komunikacích a o změně některých souvisejících zákonů (zákon o elektronických komunikacích č. 127/2005 Sb.)

Czech Constitutional Court Decisions 2011/03/22 - Pl. ÚS 24/10: Data Retention in Telecommunications Services (Ústavní soud Pl. ÚS 24/10 Shromažďování a využívání provozních a lokalizačních údajů o telekomunikačním provozu)
Under the EU Directive on Data Retention, operators were required to retain certain categories of traffic and location data (excluding the content of those communications) for a period between six months and two years and to make them available, on request, to law enforcement authorities for the purposes of investigating, detecting and prosecuting serious crime and terrorism. On 8 April 2014, the Court of Justice of the European Union declared the Directive invalid. However, not all national laws that implemented the Directive have been overturned.
In the Czech Republic, Sections 97.3 and 97.4 of the Electronic Communications Acts provide data retention requirements. It requires electronic communications services to keep 'data packets' (including information on each telephone connection, text message, internet connection or email correspondence) of all clients for a period of six months.
The Constitutional Court of the Czech Republic, in March 2011, judged Sections 97.3 and 97.4 of the Electronic Communications Act to be unconstitutional. However, the data retention regime has remained in place in spite of the Constitutional Court’s reservation. Moreover, in its judgment of 2019, the Constitutional Court concluded that, in fact, a period of six months is not a manifestly disproportionate period and validated the Czech legislation.
Coverage Horizontal
Sources

CZECH REPUBLIC

Since July 2020
Since July 2004, last amended in March 2023

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for copyright infringement
Directive 2000/31/EC (E-Commerce Directive)

Law No. 480/2004, July 29, 2004, on Some Services of the Information Society (Zákon o některých službách informační společnosti a o změně některých zákonů č. 480/2004 Sb)
The Directive 2000/31/EC (E-Commerce Directive) is the legal basis governing the liability of Internet Service Providers (ISPs) in the EU Member States and includes a conditional safe harbour. Not all Member States have transposed the relevant articles consistently, leading to divergent national case law that could cause legal insecurity on an EU level.
The Act on Some Services of Information implements the e-Commerce Directive into Czech law, incorporating mere conduit (Art. 3), caching (Art. 4) and hosting safe harbours (Art. 5), and prohibition of general monitoring obligation (Art. 6).
Coverage Horizontal

CZECH REPUBLIC

Since July 2020
Since July 2004, last amended in March 2023

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Directive 2000/31/EC (E-Commerce Directive)

Law No. 480/2004, July 29, 2004, on Some Services of the Information Society (Zákon o některých službách informační společnosti a o změně některých zákonů č. 480/2004 Sb
The Directive 2000/31/EC (E-Commerce Directive) is the legal basis governing the liability of Internet Services Providers (ISPs) in the EU Member States and includes a conditional safe harbour. Not all Member States have transposed the relevant articles consistently, leading to divergent national case law that could cause legal insecurity on an EU level.
The Act on Some Services of Information implements the e-Commerce Directive into Czech law, incorporating mere conduit (Art. 3), caching (Art. 4) and hosting safe harbours (Art. 5), and prohibition of general monitoring obligation (Art. 6).
Coverage Horizontal

CZECH REPUBLIC

Since April 2019
Since December 2022, entry into force in January 2023

Pillar Intermediary liability  |  Indicator Monitoring requirement
Directive (EU) 2019/790 on Copyright and Related Rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC

Act No. 429/2022 Amending Act No. 121/2000 on Copyright, Rights Related to Copyright and Amending Certain Acts (Copyright Act), as amended, and Other Related Acts (Zákon č. 429/2022 Sb., kterým se mění zákon č. 121/2000 Sb., o právu autorském, o právech souvisejících s právem autorským a o změně některých zákonů (autorský zákon), ve znění pozdějších předpisů, a další související zákony)
Art. 17 of Directive 2019/790 on Copyright in the Digital Single Market (DSM Directive) mandates that providers of content-sharing services seek authorisation from rights holders and implement technical solutions to remove and prevent unauthorised uploads by their users (so-called upload filters), under penalty of losing their liability safe harbour. Further arrangements are envisaged for complaints and dispute resolution mechanisms. Such upload filters are reported to be a significant cost for online platforms. Graduated exemptions are expected to be put in place for new providers active in the EU for less than three years with a turnover under EUR 10 million and with fewer than five million users. The provision is subject to a challenge in the Court of Justice by Poland (C-401/19).
To implement Directive 2019/790, the Parliament has adopted the Act No. 429/2022 Coll., therefore making online content-sharing service providers partially liable for copyright violations on their platforms.
Coverage Online content sharing service

CZECH REPUBLIC

Since March 2010, entry into force in May 2010, last amended in 2018
Since April 2010, entry into force in May 2010, as amended in August 2022

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Local content requirements (LCRs) on ICT goods for the commercial market
EU Directive on Audiovisual Media Services (AVMS)

Act No. 132/2010 Coll. on On-Demand Audiovisual Media Services (Zákon č. 132/2010 Sb. o audiovizuálních mediálních službách na vyžádání)
The EU Directive on Audiovisual Media Services (AVMS) covers traditional broadcasting services as well as audiovisual media services provided on-demand, including via the Internet. Art. 13.1 provides for Member States to secure a minimum 30% share of European works in the catalogues as well as "ensuring prominence" of those works. "Prominence" involves promoting European works by facilitating access to such works using any appropriate means to ensure their prominence. The Directive has been implemented by Member States in different ways, ranging from very extensive and detailed measures to a mere reference to the general obligation to promote European works.
In the Czech Republic, the EU Directive was transposed into domestic law through the amendment of the Act on On-Demand Audiovisual Media Services of August 2022 (242/2022 Coll.). According to Section 7 of the Act, on-demand audiovisual media service providers must allocate at least 30% of the total number of programmes in their catalogues to European works and ensure these works are prominently featured. Notably, news programmes, sports events, and competition programmes are excluded from the total number of programmes used to calculate the share of European works.
Coverage Broadcasting

CZECH REPUBLIC

Since May 2002

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
The Czech Republic and the European Union have adopted the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty. The Czech Republic acceded to the Treaty on 10 October 2001, with its provisions coming into force on 20 May 2002. Subsequently, the European Union ratified the Treaty on 14 December 2009, and it entered into effect on 14 March 2010.
Coverage Horizontal

CZECH REPUBLIC

Since June 2016
Since April 2006, as amended in December 2018

Pillar Intellectual Property Rights (IPRs)  |  Indicator Effective protection covering trade secrets
Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets)

Act on Enforcement of Industrial Property Rights and Protection of Trade Secrets (Zákon o vymáhání práv z průmyslového vlastnictví a ochraně obchodního tajemství č. 221/2006 Sb)
The Directive 2016/943 on the protection of undisclosed know-how and business information (trade secrets) is key in harmonising national laws concerning trade secrets. The Czech Republic has transposed Directive (EU) 2016/943 by introducing an amendment to the Act on the Enforcement of Industrial Property Rights in December 2018.
Coverage Horizontal

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