What is Act No. 12 / 2020 Coll.?

Act No. 12 / 2020 Coll., on the right to digital services and on the amendment of certain laws — Law on the right to digital services and on the amendment of certain laws.

When it became Act No. 12 / 2020 Coll. effectiveness?

Act No. 12 / 2020 Coll. became effective 01.02.2020.

Is Act No. 12 / 2020 Coll. still valid?

Yes, Act No. 12 / 2020 Coll. is still valid and effective.

How many times was it Act No. 12 / 2020 Coll. amended?

Act No. 12 / 2020 Coll. has 16 time versions of the text.

Act No. 12 / 2020 Coll. - Law on the right to digital services and...

12

THE LAW

of 11 December 2019

on the right to digital services and on the amendment of certain laws

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

RIGHT TO DIGITAL SERVICES

§ 1

Subject matter

This law regulates the right of natural and legal persons to provide digital services by public authorities in the exercise of their competence, the right of natural and legal persons to do digital acts, the obligation of public authorities to provide digital services and to receive digital acts and certain other rights and obligations relating to the provision of digital services.

§ 2

Definition of terms

(1) The user of the service shall be a natural person or legal person to whom a digital service is provided or who is performing a digital act and who does not have the status of a public authority when providing a digital service or performing a digital act.

(2) The digital service is an act carried out by a public authority vis-à-vis the user of the service under the agenda and conducted in the service catalogue as an act in electronic form; a digital service is also considered to be an act performed against the user of the service by a public service contact point (1) within the framework of the agenda.

(3) The digital act is an act performed by the user of the service to the public authority on the agenda and conducted in the service catalogue as an electronic act.

(4) The service catalogue is part of the data held in the basic register of agendas, public authorities, private users of data and certain rights and obligations (hereinafter referred to as "the register of rights and obligations") relating to acts of public authorities carried out under the agendas against entities which do not have the status of public authorities and those of entities which do not have the status of public authorities in their exercise.

(5) The digital copy of the licence shall be an extract from the public administration information system on the licence and its contents.

§ 2a

Digital and Information Agency

(1) A Digital and Information Agency (hereinafter referred to as the Agency), based in Prague, is hereby established.

(2) The Agency is the central administrative office for electronic identification and trust services and for public administration information systems.

(3) Agency

(a) perform a coordinating role in digital services and digital tasks under this law;

(b) fulfil the coordination role for information technology;

(c) perform a coordinating role in the field of data recording and sharing;

(d) provide for a system of support for central channels of public administration communication;

(e) provide professional development, training, knowledge sharing, education and training in its field of competence;

(f) operate competent centres.

(4) The Head of the Agency shall be the Director, who shall be appointed and dismissed by the Government on a proposal from a member of the Government who shall be Head of the Council of the Government for the Information Society. The Director shall be considered a service body under the Civil Service Act.

(5) The Director of the Agency is entitled to give orders for the performance of a civil service under the Civil Service Act to a civil servant assigned to the Agency.

§ 3

Right to digital service

(1) The user of the service has the right to use the digital service and the public authority has an obligation to provide the digital service.

(2) Rights and obligations under other laws are not affected by this law.

§ 4

Right to do digital action

(1) The user of the service has the right to make digital acts against a public authority through:

(a) their data boxes (2);

(b) the point of contact of the public administration in the case of a digital act covered by the implementing legislation;

(c) electronic communications networks by means of a document signed by a recognised electronic signature) or bearing a recognised electronic seal (4) under the conditions laid down by other laws,

(d) a public administration information system enabling the identification of the user of the service using electronic identification5), the authorisation of the digital operation by the user of the service and the retrospective demonstration of the intention of the user of the service to make a digital act; or

(e) other means, where provided for by law.

(2) Unless the law expressly provides for a binding form of action against a public authority, the user of the service shall have the right to act as a digital act.

(3) The public authorities shall publish, through the Agency, electronic forms which, after proof of the identity of the user of the service using electronic identification, ensure that the data necessary for the provision of digital services in the basic register or agenda information system made available to the public authority for the performance of the agenda or used by the public authority on the basis of the consent of the service user. The form, structure and content of the form shall be determined by the public authority by publication. If the public authority does not publish an electronic form, the user of the service has the right to make a digital act at his choice in any output data format according to the law governing archiving and file services6).

(4) A public authority may not allow a digital act as referred to in paragraph 1 (d) to be carried out if this would impose a disproportionate burden on it.

(5) In assessing the level of undue burden, the public authority will take into account:

(a) its size, nature and resources; and

(b) its estimated costs and benefits in relation to the expected benefit to the users of the service.

(6) If, after assessing the conditions referred to in paragraph 5, the public authority assesses that it would be able to take a digital action under paragraph 1 (d) to cause a disproportionate burden, it shall send the Agency a request for comments on this conclusion. In the event of a consensus of the Agency, the public authority shall indicate the conclusion in the service catalogue. In the event of disagreement between the Agency and if the public authority maintains its conclusion, the Government shall decide whether to allow the digital operation referred to in paragraph 1 (d) to be carried out would cause a disproportionate burden on the public authority.

§ 5

Right to a digital act certificate

(1) The user of the service has the right to electronic certification of the digital act.

(2) The digital action certificate shall contain a credible capture of the content of the digital act or any other identification of the digital act, the identification of the person who made it, the addressee of the digital act and the manner, date and time of execution of the digital act. The certificate shall bear a qualified electronic seal and a qualified electronic time stamp of the public authority.

(3) The public authority, which is a public authority7), is obliged to provide the service user with a digital service certificate against it immediately after a digital act has been taken.

(4) The digital operation certificate shall be provided by the public authority, at the choice of the user, by sending the service to the data box, the contact point of the public administration or by making it available via the public administration portal.

§ 6

Right to replace an officially certified signature or a recognised electronic signature

(1) Where the legislation provides for the requirement of an official verification of the signature by hand or of a recognised electronic signature, it shall be deemed to be satisfied by the use of an electronic signature on a document which has been inextricably linked to:

(a) with a qualified electronic signature of the person authorised to verify the authenticity of the signature, which has verified, in accordance with the procedure laid down in another legislation8) that the signatory has signed or recognised the signature before it as his own, and a qualified electronic time stamp; or

(b) with a record of a public administration information system bearing a qualified electronic seal and a qualified electronic time stamp by its administrator of an electronic identification signature by means of a qualified electronic identification system with a high level of guarantee.

(2) Where the legislation provides for a requirement for the official verification of signature, it shall be deemed to be satisfied by the use of a recognised electronic signature, provided that, using the data of the population base register (hereinafter referred to as the "population register") or the public administration portal, it can be verified that the qualified certificate for electronic signature on the basis of which the signatory has created a recognised electronic signature on the document belongs to the signatory.

(3) Paragraphs 6 (1) (b) and 6 (2) shall not apply to the power of attorney for legal proceedings under the last sentence of Article 441 (2) of the Civil Code.

§ 7

Right to use data

(1) The public authority does not require the information held in the basic register or agency information system made available to it for the performance of the agenda or on the basis of the consent of the service user.

(2) The user of the service shall have the right to consent to the use of data on himself, on his rights and obligations or on the legal facts relating to him, held in the base register or the agenda information system; the public authority is obliged to use these data.

(3) The user of the service may agree to use the data to the extent and duration of his or her choice on the basis of his or her own decision or at the request of a public authority. Within the scope of the consent granted, the obligation of confidentiality of a public authority shall not apply. The user of the service is entitled to withdraw consent at any time.

(4) The consent of the user of the service to use the data shall be given to the Agency. The Agency shall publish an electronic form for granting and withdrawing consent on the public administration portal.

§ 8

Right to registration of a right, obligation or legal fact

(1) The user of the service has the right to register the right, obligation or legal fact relating to him and resulting from the act of the public authority listed in the service catalogue in the register of rights and obligations, if the law, obligation or legal fact is not entered in the basic register or the agenda information system.

(2) The right to register a right, obligation or legal fact will be exercised by the service user through the Agency with the competent public authority which has carried out the underlying act. The competent public authority shall certify the existence of a law, obligation or legal fact and confirm it to the Agency which shall enter it in the Register of Rights and Obligations.

(3) The competent public authority shall keep the registration of the right, obligation or legal fact kept up to date; If it finds a discrepancy between the registration referred to in paragraphs 1 to 3 and the actual situation, it shall remove it through the Agency without undue delay.

§ 9

Right of proof

(1) The user of the service has the right to prove or certify a legal fact

(a) by reference to the information kept in the basic register or agenda information system and made available to the public authority for the execution of the agenda; or

(b) an extract from the public administration information system (9) in electronic form which guarantees the authenticity of the origin and integrity of the contents of the extract.

(2) The user of the service shall not be obliged to submit a decision, document, document, certificate, certificate or other indication for the exercise of his or her right, compliance with an obligation or proof of the legal fact relating to him or her, provided that he or she has demonstrated his or her identity and / or his or her rights, obligations or legal facts relating to him or her are kept in the basic register or agency information system and are made available to the public authority for the execution of the agenda.

(3) Where a service user submits documents in electronic form, the public authority shall not be entitled to request the same documents in paper form. The requirements of other legislation relating to the creation or form of electronic documents which are legally debated are not affected by this).

Right to use the digital copy of the licence

§ 9a

(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.

§ 9b

(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.

§ 9c

(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.

§ 9d

(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. The mobile demonstration application provider may also be the person who has been accredited to provide the mobile demonstration application (hereinafter referred to as the "accredited person ').

(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.

§ 9e

(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.

§ 9f

(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.

§ 9g

(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.

§ 9h

(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.

§ 9i

(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.

§ 9j

(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.

§ 9k

(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.

§ 9l

(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.

§ 9m

(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.

§ 9n

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.

§ 9o

(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).

§ 9p

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.

§ 9q

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.

§ 9r

(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 shall discuss transfers under this law.

§ 10

Right to register contact details

(1) The user of the service has the right to enter the contact details of an electronic address or telephone number (hereinafter referred to as "contact details") in the basic register of legal persons, commercial natural persons and public authorities or in the register of residents for the transmission of information under this Act and for the transmission of other information related to the provision of the digital service to which he chooses.

(2) The right to register contact details will be exercised by the service user with the Agency. The Agency shall publish an electronic form for the entry of contact data on the public administration portal and shall establish a service for sending information to contact data.

§ 11

Right to information in connection with the provision of digital services

Citation	Act No. 12 / 2020 Coll., on the right to digital services and on the amendment of certain laws
Regulation Type	Law
Author	-
Collection	Code of Laws

Date of Promulgation	17.01.2020
Effective from	01.02.2020
Effective until	-
Status	Valid

Act No. 12 / 2020 Coll.

Law on the right to digital services and on the amendment of certain laws

Contents