Act No. 1 / 2024 Coll.
Act amending Act No. 12 / 2020 Coll., on the right to digital services and amending certain laws, as amended, and other related laws
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Effective from 20.01.2024
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1
THE LAW
of 20 December 2023
amending Act No. 12 / 2020 Coll., on the right to digital services and amending certain laws, as amended, and other related laws
Parliament has decided on this law of the Czech Republic:
AMENDMENT OF THE DIGITAL SERVICE LAW
Act No. 12 / 2020 Coll., on the right to digital services and amending certain laws, as amended by Act No. 36 / 2021 Coll., Act No. 261 / 2021 Coll. and Act No. 471 / 2022 Coll., is amended as follows:
1. In Article 2, the following paragraph 5 is added:
"(5) The digital copy of the licence shall be an extract from the public administration information system on the licence and its contents. ';
2. The following Sections 9a to 9f are inserted after Section 9, including the title above the title 9a:
"Right to use the digital copy of the licence
(1) Where the law or exercise of the scope of the proof of identity or other facts requires the submission of a certificate which is a public instrument or where the law allows the proof of identity or other facts by the submission of a certificate which is a public instrument, the identity or other fact may be demonstrated by means of a digital copy of the certificate; This does not apply if the licence is issued electronically.
(2) Proof of identity or other fact by digital copy of the licence shall be permitted by the public authority. Proof of identity by digital copy of the licence shall be made possible by the person required by the legislation to verify identity by submitting the licence which is a public instrument.
(3) Only the person holding the licence is entitled to use the digital copy of the licence.
(1) A person authorised to use a digital copy of the licence (hereinafter referred to as the "proving") demonstrates the identity or other fact of a digital copy of the licence by means of a mobile demonstration application. The person to whom the identity or other fact can be demonstrated by a digital copy of the licence ("the validator ') shall display the digital copy of the licence by means of an electronic validation application.
(2) The identity or other fact can only be demonstrated by a digital copy of the licence in the present physical presence of the proving and certifying person or natural person authorised to act as the verifier.
(1) The digital copy of the licence shall contain the particulars appearing on the licence in the form immediately legible or perceptible by man and the particulars of the licence needed to demonstrate identity or other facts.
(2) The provider of the electronic verification application will allow the transmission of data contained in the digital copy of the licence and data on the digital copy of the licence verifying in electronic form.
(1) The Agency is the provider of the digital copy of the licence, the mobile application for demonstration and the electronic application for verification. An electronic verification application may also be provided by another State authority.
(2) The Agency, in agreement with the notifiers of the relevant agendas and administrators of the relevant public administration information systems, shall establish a list of the licences the digital copy of which can be obtained and publish it on the public administration portal. The Agency shall provide at least a digital copy of the identity card.
(1) The provider of the digital copy of the licence will allow the identification or other fact to be demonstrated by a digital copy of the licence, on the basis of his request made by means of a mobile demonstration application using an electronic identification device issued under a qualified electronic identification system.
(2) The provider of the digital copy of the licence shall issue at least once a day an up-to-date digital copy of the licence, seal it with a guaranteed electronic seal based on a qualified certificate for the electronic seal and make it available to the demonstration.
(3) The provider of the digital copy of the licence shall verify, when demonstrating the identity or other fact of the digital copy of the licence, whether the displayed digital copy of the licence corresponds to the digital copy of the licence last made available to the demonstration.
(4) If the verification referred to in paragraph 3 cannot be carried out, the digital copy of the licence and the particulars therein shall be deemed to be valid and no other facts preventing the identification or other fact from being demonstrated by the digital copy of the licence, for 48 hours after the issuing of the displayed digital copy of the licence by the provider of the digital copy of the licence.
(1) A verifier which allows the identification or other facts to be demonstrated by a digital copy of the licence shall inform the Agency accordingly.
(2) The Agency shall, on the basis of the notification referred to in paragraph 1, allow the verifier to display the data contained in the digital copy of the licence in the verification application.
(3) The verifier which has ceased to permit the identification or other facts by digital copy of the licence shall inform the Agency thereof without undue delay.
(4) The notification referred to in paragraphs 1 and 3 shall be made by means of an electronic application managed by the Agency. ';
3. In Paragraph 9d, the sentence "The provider of a mobile demonstration application may also be the person who has been granted accreditation for the provision of a mobile demonstration application (hereinafter referred to as the" accredited person ") is added at the end of paragraph 1. '.
4. The following Sections 9g to 9r are inserted after Section 9f:
(1) The Agency shall decide on the granting of accreditation for the provision of a mobile demonstration application (hereinafter referred to as "accreditation") upon written request.
(2) The condition for accreditation is:
(a) the fact that the applicant for accreditation fulfils the substantive, personnel, technical, security and organisational conditions for the provision of a mobile demonstration application;
(b) the fact that the mobile demonstration application provided by the applicant for accreditation complies with the functional and technical characteristics of the mobile demonstration application;
(c) the integrity of the applicant for accreditation;
(d) liability insurance for damage caused in the provision of a mobile demonstration application;
(e) processing of the closure plan;
(f) the fact that the applicant for accreditation is eligible for the provision of a mobile application for public order, security and respect for third parties' rights.
(3) The applicant for accreditation attaches
(a) a contract for the conclusion of liability insurance for damage caused by the provision of a mobile demonstration application;
(b) proof of integrity, provided that integrity is not demonstrated by an extract from the Register of Penalties,
(c) confirmation that the applicant for accreditation fulfils the substantive, personnel, technical, security and organisational conditions for the provision of a mobile demonstration application;
(d) confirmation that the mobile application provided by the applicant for accreditation meets the functional and technical characteristics of the mobile application for demonstration;
(e) the closure plan.
(4) The Agency is entitled to request information from the Police of the Czech Republic, the Intelligence Service or any other authority when determining the facts referred to in paragraph 2 (f).
(5) The Agency shall decide on the application for accreditation within 3 months of the date of its submission. Where an applicant for accreditation fulfils the conditions for accreditation, the Agency shall grant accreditation. Otherwise, the Agency shall reject the application.
(1) The Agency shall decide on a change of accreditation on the basis of a written request from an accredited person to provide another mobile demonstration application.
(2) The accredited person shall be required in the application referred to in paragraph 1 to demonstrate compliance with the conditions set out in Article 9g (2) (a) and (b) in relation to another mobile demonstration application.
(3) The Agency shall decide on the application referred to in paragraph 1 within 3 months of the date of its submission. If the accredited person complies with another mobile application for the demonstration of the condition under § 9g (2) (a) and (b), the Agency shall amend the accreditation. Otherwise, the Agency shall reject the application.
(1) If an accredited person ceases to comply with any of the conditions for granting accreditation, the Agency shall draw its attention in writing to the possibility of withdrawing the accreditation and at the same time shall invite the accredited person to remedy it without undue delay. The Agency shall withdraw the accreditation if the accredited person has not acted upon the Agency's notification.
(2) If an accredited person ceases to comply with the condition under Article 9g (2) (c) or (f), the Agency shall withdraw accreditation without prior call for redress.
(3) The Agency shall withdraw accreditation where the accredited person has requested it in writing.
(4) Accreditation ceases to exist when an accredited person dies or dies.
(1) An applicant for accreditation must be insured in the event of liability for damage caused by the provision of a mobile demonstration application in such a way that the amount of the insurance amount is proportional to the possible damage that can reasonably be expected.
(2) The accredited person is obliged to make good the damage caused by the provision of a mobile demonstration application, regardless of the agreed limit of insurance performance.
(1) For the purposes of this Act, a person who has not been legally convicted for:
(a) an intentional offence; or
(b) an offence against order in public matters of negligence.
(2) For the purposes of this Act, the person to whom it is viewed as not being convicted shall also be deemed to be righteous.
(3) The integrity of natural persons is demonstrated
(a) an extract from the Register of Penalties,
(b) an extract from the Register of Penalties with an annex containing information entered in the criminal record of a Member State of the European Union of which a person is a national or a Member State of the European Union of the last residence, if the person is a national of another Member State of the European Union or if he or she has, or resides in, another Member State of the European Union;
(c) an extract from the criminal record or an equivalent document issued by the State of which the person is a national or, where that State does not issue an extract from the criminal record or an equivalent document, an honorary declaration of integrity made before a notary or another competent authority of the State of which the person is a national;
(d) an extract from the criminal record or an equivalent document issued by the State of last residence, lasting for more than 3 months in two consecutive years, or unless that State issues an extract from the criminal record or an equivalent document, an honorary declaration of integrity made before the notary or other competent authority of the State of residence.
(4) The integrity of legal persons is demonstrated
(a) an extract from the Register of Penalties,
(b) an extract from the record of the Register of Penalties with an annex containing information entered in the criminal record of the Member State of the European Union in whose territory the person has his registered office, if he has his registered office in another Member State of the European Union;
(c) an extract from the criminal record or an equivalent document issued by the State in whose territory the person has his registered office or, where that State does not issue an extract from the criminal record or an equivalent document, an honorary declaration of integrity made before the notary or other competent authority of the State in whose territory the person has his registered office;
(d) an extract from the criminal record or an equivalent document issued by the State in whose territory the person in the last two consecutive years has been in business or, failing that, the Member State shall issue an extract from the criminal record or an equivalent document, an honorary declaration of integrity made before the notary or other competent authority of the State in whose territory the person was in business.
(5) The proof of integrity referred to in paragraphs 3 (b) to (d) and 4 (b) to (d) must not be more than 3 months old.
(6) The Agency will request an extract from the Register of Penalties for the purpose of establishing integrity under the Criminal Register Act. An application for an extract from the Register of Penalties and an extract from the Register of Penalties shall be sent in electronic form in a way that allows remote access.
(1) The mobile application for the demonstration and the conditions for its provision is assessed by the person entrusted with the Agency (hereinafter referred to as the "authorised person").
(2) The Agency shall entrust the assessment of the mobile application for the demonstration and the conditions for its provision on request to the person responsible for carrying out the tests under the Public Administration Information Systems Act. The authorisation for the assessment of a mobile application for the demonstration and the conditions for its provision (hereinafter referred to as "the mandate ') may not be transferred to another person.
(3) If the delegate ceases to fulfil the obligations laid down in this law, the Agency shall notify him in writing of the possibility of withdrawal of the mandate and shall at the same time invite him to remedy it without undue delay. The Agency shall withdraw the mandate if, even on the basis of the Agency's notification, the authorised person fails to comply.
(4) The Agency shall withdraw the mandate if the delegate so requested in writing.
(5) The delegation shall cease if the delegate has no mandate to carry out the tests under the Public Administration Information Systems Act.
(6) The delegate shall assess whether the mobile demonstration application complies with the functional and technical characteristics established by the Agency and the applicant for assessment complies with the substantive, personnel, technical, security and organisational conditions for the provision of the mobile demonstration application established by the Agency. Article 6d (3) and Article 6e of the Act on Information Systems of Public Administration shall apply mutatis mutandis to the assessment of the mobile application for demonstration and the conditions for its provision.
(7) Where mobile applications for demonstration of functional and technical characteristics and the applicant for assessment fulfil the substantive, personnel, technical, safety and organisational conditions for the provision of a mobile application for demonstration, the authorised person shall confirm in writing that fact to the applicant for assessment within 3 months of the date of the request for assessment.
(8) If the mobile applications for demonstration of functional and technical characteristics and the applicant for assessment do not comply with the substantive, personnel, technical, safety and organisational conditions for the provision of the mobile application for demonstration, the authorising officer shall inform the applicant in writing of this fact within 3 months of the date of the request for assessment and shall inform him of the reasons for the non-compliance.
(9) Where no person is entrusted under paragraph 1, the Agency shall assess the mobile application for the demonstration and the conditions for its provision. The provisions of paragraphs 6 to 8 shall apply mutatis mutandis to the assessment of the mobile application for the demonstration and the conditions for its provision by the Agency.
(1) Provider of a mobile demonstration application that is an accredited person,
(a) maintain and update the closure plan; and
(b) when it ceases to operate, it shall proceed as planned.
(2) The mobile application provider for the demonstration, which is an accredited person, shall notify the Agency in writing to:
(a) in good time changes to be made when providing the mobile demonstration application it manages and which may have an impact on the fulfilment of the conditions laid down in Article 9g (2) (a) and (b);
(b) without undue delay, that he has ceased to fulfil any of the conditions for accreditation.
(3) The mobile application provider for the demonstration, which is an accredited person, shall forward to the Agency the effective version of the contract for the conclusion of the liability insurance caused by the provision of a mobile demonstration application, if it has been modified or a new contract has been concluded. The effective text of the contract may also be transmitted in the form of a simple copy.
The provider of a mobile demonstration application, which is an accredited person, shall indicate in the closure plan the procedures for the termination of the provision of a mobile demonstration application, including the way in which the demonstration is informed of the termination of the provision of a mobile demonstration application.
(1) The information provided by the Police of the Czech Republic, the Intelligence Service or any other authority relating to the fulfilment of the condition under Paragraph 9g (2) (f) and which is classified shall be kept separately from the file.
(2) If, in the procedure for granting or withdrawing accreditation on the basis of information provided by the Czech Police, the Intelligence Service or any other body which is classified, it is apparent that the applicant for accreditation or the accredited person does not comply with the condition laid down in § 9g (2) (f), the reasons for the decision shall only indicate that the application for accreditation or the withdrawal of accreditation has been refused because of the non-compliance with the condition under § 9g (2) (f).
Agency
(a) keep a register of accreditation and amendments thereto and publish it on its website;
(b) invalidate the mobile demonstration applications issued by the accredited person at the end of the activity;
(c) invalidate a mobile demonstration application where there are reasonable grounds for suspecting or finding that a mobile demonstration application has been misused or is in danger of being misused or activated on the basis of false data;
(d) invalidate the mobile application for demonstration on the basis of an application proving; the application may be made via a public administration portal using a guaranteed identity access or by telephone upon verification of its identity; and
(e) controls accredited persons and authorised persons.
Proving
(a) treat a mobile demonstration application with due care to minimise the possibility of abuse; and
(b) notify the Agency of any misuse or danger of misuse of a mobile application for demonstration; the notification may be made via a public administration portal using a guaranteed identity access or by telephone upon verification of its identity.
(1) An accredited person commits an offence by:
(a) not notify changes in the provision of a mobile demonstration application pursuant to Paragraph 9m (2) (a);
(b) not notify pursuant to Paragraph 9m (2) (b) that it has ceased to meet any of the conditions for accreditation; or
(c) it does not comply with the closure plan in accordance with § 9n.
(2) For offences referred to in paragraph 1, a fine of up to CZK 2 000 000 may be imposed.
(3) The Agency is discussing transfers under this law. "
5. In Article 11 (1), the word "at least 'shall be inserted after the word" ensure'.
6. After Paragraph 13, the following Section 13a is inserted:
Infringement
(1) The transfer is committed by the person who uses the digital copy of the licence.
(2) A fine of up to 10 000 CZK may be imposed for the offence referred to in paragraph 1.
(3) The offence referred to in paragraph 1 shall be dealt with by the Ministry of the Interior. "
7. In Paragraph 14, the following paragraph 9 is added:
"(9) The Agency shall publish on its website and in the Agency Bulletin the functional and technical characteristics and conditions of use of the mobile application for demonstration, electronic application for verification and electronic application for notification pursuant to Article 9f (4) and their amendments. The amendment may be effective immediately after its publication only if there is a change in the cyber security event or in the cyber security incident. ';
8. Paragraph 14 (9) reads as follows:
"(9) The Agency establishes and publishes on its website and in the Agency Bulletin
(a) the functional and technical characteristics of the mobile application for demonstration, electronic validation and electronic communication applications referred to in Article 9f (4) and their changes;
(b) the conditions of use of the mobile application it has issued for the demonstration, the electronic application for verification and the electronic application for the notification referred to in Article 9f (4) and its amendments;
(c) the physical, personnel, technical, security and organisational conditions for the provision of a mobile application for demonstration by an accredited person and their changes. ';
9. In Article 14, paragraphs 10 and 11 are added:
"(10) The effectiveness of the amendment referred to in points (a) to (c) of paragraph 9 immediately after its publication may occur only if there is a change in the cyber security event or the cyber security incident.
(11) The Agency shall lay down by decree rules for the calculation of the minimum premium rate. "
Transitional provision
Identity or other fact can be demonstrated by digital copy of the licence
(a) from 1 January 2024 only to central administrative offices, with the exception of representative offices;
(b) also from 1 July 2024, in respect of public authorities which are public authorities other than those referred to in (a), with the exception of representative offices, and in respect of regions and municipalities with extended scope, provided that they do not permit proof of identity or other facts by means of a digital copy of the licence earlier; and
(c) from 1 January 2025 also against other public authorities and against persons referred to in § 9a (2) sentence of the second Act No. 12 / 2020 Coll., as effective from the date of entry into force of this Act, unless it allows proof of the identity or other facts by means of a digital copy of the certificate earlier.
AMENDMENT OF THE ADVOCATION LAW
Act No. 85 / 1996 Coll., as amended by Act No. 210 / 1999 Coll., Act No. 120 / 2001 Coll., Act No. 6 / 2002 Coll., Act No. 228 / 2002 Coll., Act No. 555 / 2004 Coll., Act No. 205 / 2005 Coll., Act No. 79 / 2006 Coll., Act No. 227 / 2006 Coll., Act No. 214 / 2007 Coll., Act No. 254 / 2008 Coll., Act No. 314 / 2008 Coll., Act No. 219 / 2009 Coll., Act No. 227 / 2009 Coll.
1. In Paragraph 5d (1), the words "; the issue of the lawyer's identification card and the particulars of the lawyer's identification card, except for the particulars already entered in the list of lawyers, shall be entered in the list of lawyers'.
2. In Paragraph 35m (3), the sentence "Issue of an identification card established by a European lawyer and the particulars of an identification card established by a European lawyer, with the exception of the particulars already entered in the list of European lawyers, shall be inserted after the first sentence. ';
3. In Paragraph 37 (2), the sentence "Issue of an identification card of an attorney's associate and the need for an identification card of an attorney's associate shall be inserted after the third sentence, with the exception of the particulars already entered in the list of lawyers' associates, the Chamber shall record in the list of legal associates'.
4. in Article 55c (1), the following point (e) is inserted after point (d):
"(e) the issue of an identification card for a lawyer, an identification card for an established European lawyer and an identification card for a lawyer associate;"
Point (e) shall be renumbered as point (f).
5. § 55d reads:
(1) The Bar List, the List of Advocates and the List of European Advocates are maintained by the Chamber through the Information System in a way that allows remote access. The lists shall be made publicly available, except for the information referred to in paragraph 2 (b), (d), (e) and (j).
(2) The list of lawyers, the list of lawyers and the list of European lawyers include the following information on lawyers, lawyers and European lawyers:
(a) the name and, where applicable, the names and surnames,
(b) the birth number and, if not allocated, the date of birth;
(c) the seat of the lawyer or established European lawyer,
(d) the address of the place of stay and, where appropriate, the place of residence, if different from the place of stay;
(e) form,
(f) data box identifier,
(g) telephone contact;
(h) person identification number;
(i) the registration number under which the person is entered in the list of lawyers, the list of European lawyers or the list of legal associates;
(j) an indication of the action imposed;
(k) other information specified in the State Code.
(3) The certificates provided for in Articles 5g and 27 (2), the certificates of entry in the list of lawyers, the certificates of entry in the list of European lawyers, the lawyer's identification card, the identification card of an established European lawyer and the lawyer's identification card, as well as the extracts from the list of lawyers, the list of lawyers and the list of European lawyers issued by the Chamber are public documents.
(4) The identification card of the lawyer, established European lawyer and lawyer associate shall include the following information:
(a) the name and, where applicable, the names of the licence holder;
(b) the registration number under which the holder of the licence is entered in the list of lawyers, the list of European lawyers or the list of legal associates;
(c) the form of the licence holder;
(d) the date of birth of the licence holder;
(e) other requirements laid down in the implementing legislation. ";
AMENDMENT OF THE TRAVEL DOCUMENT LAW
In Article 3 of Act No. 329 / 1999 Coll., on Travel Documents, as amended by Act No. 217 / 2002 Coll., Act No. 539 / 2004 Coll., Act No. 559 / 2004 Coll., Act No. 136 / 2006 Coll., Act No. 106 / 2007 Coll., Act No. 140 / 2008 Coll., Act No. 197 / 2010 Coll., Act No. 159 / 2013 Coll., Act No. 318 / 2015 Coll. and Act No. 277 / 2019 Coll., the sentence "To cross the border with a Member State of the European Union or external border cannot be used as a travel document."
Footnote 29 reads:
"29) Paragraph 2 (5) of Act No. 12 / 2020 Coll., on the right to digital services and on the amendment of certain laws, as amended."
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Regulation Information
| Citation | Act No. 1 / 2024 Coll., amending Act No. 12 / 2020 Coll., on the right to digital services and amending certain laws, as amended, and other related laws |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 05.01.2024 |
|---|---|
| Effective from | 20.01.2024 |
| Effective until | - |
| Status | Valid |
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