Database

Browse Database

CZECH REPUBLIC

N/A

Pillar Online sales and transactions  |  Sub-pillar Ratification of the United Nations (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  |  Sub-pillar Adoption of United Nations Commission on International Trade Law (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

N/A

Pillar Online sales and transactions  |  Sub-pillar Adoption of United Nations Commission on International Trade Law (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 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  |  Sub-pillar 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 June 2014
Since December 1992, as amended in February 2016

Pillar Online sales and transactions  |  Sub-pillar 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

Since May 2006
In April 2014
Since February 2005, entry into force in May 2005, last amended in October 2021
Since March 2011

Pillar Domestic data policies  |  Sub-pillar 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. of 22 February 2005 on Electronic Communications and on Amendment to Certain Related Acts (Zákon č. 127/2005 Sb o Elektronických Komunikacích a o Změně Některých Souvisejících Zákonů (Zákon o Elektronických Komunikacích)

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

Pillar Intermediary liability  |  Sub-pillar 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 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 (§ 3), caching (§ 4) and hosting safe harbours (§ 5), and prohibition of general monitoring obligation (§ 6).
Coverage Horizontal

CZECH REPUBLIC

Since July 2020
Since July 2004

Pillar Intermediary liability  |  Sub-pillar 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 (§ 3), caching (§ 4) and hosting safe harbours (§ 5), and prohibition of general monitoring obligation (§ 6).
Coverage Horizontal

CZECH REPUBLIC

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
The Czech Republic does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, accounting separation is required in certain cases.
Coverage Telecommunications sector

CZECH REPUBLIC

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Presence of an independent telecom authority
Presence of independent telecom authority
It is reported that the Czech Telecommunication Office (CTU), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.
Coverage Telecommunications sector

CZECH REPUBLIC

Since April 2016, entry into force in May 2018
Since April 2019

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

Personal Data Processing Act (110/2019 Sb. Zákon o 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 March 2004, last amended in February 2014
Since April 2016, last amended in 2021

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Utilities Directive (2014/25/EU)

Act No. 134/2016 on Public Procurement (Zákon č. 134/2016 Sb., o zadávání veřejných zakázek)
Art. 85 of the Utilities Directive (2014/25/EU) contains provisions allowing contracting public entities to reject foreign goods not covered by any EU international commitments from its tender procedures. In these cases, a tender submitted for the award of a supply contract may be rejected where the proportion of the products originating in third countries exceeds 50% of the total value of the products constituting the tender (Art. 85.2). Additionally, in cases of equivalent offers, the provisions provide for a preference for European tenders and tenders covered by EU's international obligations. In practice, this possibility has rarely been used.
In the Czech Republic, the Directive has been transposed with Act No. 134/2016 on Public Procurement.
Coverage Any product sold to a utility provider including software used in telecommunication network equipment

CZECH REPUBLIC

Reported in 2021, last reported in 2023

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Lack of transparency in public procurement
It is reported that transparency issues pose significant challenges for public procurement procedures in the Czech Republic, particularly affecting foreign bidders. Concerns include overly narrow tender definitions and implicit biases favouring local vendors and state-owned enterprises. Despite government assertions of commitment to transparency, allegations of corruption persist, with media frequently covering failed tenders. Foreign firms have flagged instances of perceived corruption, leading to overturned decisions due to concerns about fairness. Additionally, slow government decision-making often results in delayed or cancelled tenders, with limited political will for re-issuance
Coverage Horizontal

CZECH REPUBLIC

Reported in 2022, last reported in 2023

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar 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

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar 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

Report issue     Report new measure