Database

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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 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

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

Reported in 2022, last reported in 2024

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Maximum foreign equity share
Open environment for foreign investment
It is reported that foreign persons or entities may conduct business activity under the same conditions as Czechs.  Foreign entities have to register their permanent branches in the Czech Commercial Register, and there are no limits on foreign ownership.
Coverage Horizontal

CZECH REPUBLIC

Since February 2021, entry into force in May 2021

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Screening of investment and acquisitions
Act No. 34/2021 Coll on the Screening of Foreign Investments and Amendments to Related Acts (Foreign Investment Screening Act) (Zákon č. 34/2021 Sb. o prověřování zahraničních investic)
The Foreign Investment Screening Act targets foreign investors whose ultimate beneficial owner is from non-EU countries and who acquire at least 10% of voting rights or substantial control over a Czech company in a sector vital to the security, public, or internal order of the Czech Republic (Art. 5). According to Art. 8, foreign investments in sectors involving selected dual-use goods or critical infrastructure, including critical information infrastructure, that could endanger national security or public order, require mandatory authorisation from the Ministry of Industry and Trade (MOIT) before the investment is completed. The screening process lasts 90 days, and if a national security risk is identified, the Czech government has an additional 45 days to decide whether to approve, conditionally approve, or prohibit the transaction (Art. 13).
Coverage Critical sectors

CZECH REPUBLIC

Since January 1993

Pillar Intellectual Property Rights (IPRs)  |  Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
The Czech Republic is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal

CZECH REPUBLIC

Since May 2001
Since April 2000, entry into force in December 2000, last amended in January 2024

Pillar Intellectual Property Rights (IPRs)  |  Indicator Copyright law with clear exceptions
Directive 2001/29/EC

Copyright Act (Zákon o právu autorském, o právech souvisejících s právem autorským a o změně některých zákonů (autorský zákon) č. 121/2000 Sb.)
The Czech Copyright Act has no general fair use/fair dealing but Arts. 29-39 of the Act provide an exhaustive list of exceptions and limitations of copyright, which, in certain specific cases, allow the general public to use works without the author’s consent. Directive 2001/29/EC defines an optional but exhaustive set of limitations from the author´s exclusive rights under the control of the “three-step test” in line with the Berne Convention that establishes three cumulative conditions to the limitations and exceptions of a copyright holder’s rights. The Directive has been transposed by Member States with significant freedom.
Coverage Horizontal

CZECH REPUBLIC

Reported in 2021, last reported in 2025

Pillar Intellectual Property Rights (IPRs)  |  Indicator Enforcement of copyright online
Lack of adequate enforcement of copyright online
Copyright protection is not adequately enforced online in the Czech Republic. Although business software piracy rates are reportedly declining, the entertainment software industry continues to face significant problems, particularly due to delays in criminal enforcement proceedings. Reports indicate that offences involving copyright, related rights, and database rights in the digital environment persist, notably through the use of data repositories. In particular, the unauthorised distribution of films, music, software, book publications, and authors’ texts remains widespread.
Coverage Horizontal

CZECH REPUBLIC

Since March 2002

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
The Czech Republic and the European Union have adopted the World Intellectual Property Organization (WIPO) Copyright Treaty. The Czech Republic acceded to the Treaty on 10 October 2001, with its provisions coming into force on 6 March 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 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

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