Act No. 247 / 2008 Coll.
Act amending Act No. 127 / 2005 Coll., on Electronic Communications and amending certain related laws (Act on Electronic Communications), as amended
Valid
Law
Effective from 01.09.2008
Text versions:
01.09.2008
04.07.2008
247
THE LAW
of 5 June 2008
amending Act No. 127 / 2005 Coll., on electronic communications and amending certain related laws (Act on electronic communications), as amended
Parliament has decided on this law of the Czech Republic:
Act No. 127 / 2005 Coll., on electronic communications and amending certain related laws (Act on electronic communications), as amended by Act No. 290 / 2005 Coll., Act No. 361 / 2005 Coll., Act No. 186 / 2006 Coll., Act No. 235 / 2006 Coll., Act No. 310 / 2006 Coll. and Act No. 110 / 2007 Coll., is amended as follows:
1. In Article 2 (b), the words "unless otherwise provided by law (Article 87 (1)) 'are deleted.
2. in Article 2, the following point (t) is inserted after point (s):
"(t) unsuccessful call attempt means a call that has been successfully connected but has remained unresponsive or has been affected by a legal or natural person providing a public communications network or providing a publicly available electronic communications service;"
Points (t) to (w) shall be renumbered as points (u) to (x).
3. in Article 10 (1) (i), the words "pursuant to Articles 13 and 115" shall be replaced by the words "pursuant to this law, specific legislation or directly applicable provisions of the European Communities (5a)."
Footnote 5a:
"(5a) Regulation (EC) No 717 / 2007 of the European Parliament and of the Council of 27 June 2007 on roaming on public mobile telephone networks in the Community and amending Directive 2002 / 21 / EC."
4. Paragraph 87 (1) is deleted.
Paragraphs 2 to 4 shall be renumbered paragraphs 1 to 3.
5. in Paragraph 88 (1), the following point (b) is inserted after point (a):
"(b) ensure that operational and localisation data stored pursuant to Paragraph 97 (3) are of the same quality and subject to the same security and protection as operational and localisation data when providing an electronic communications service,";
Points (b) and (c) shall be renumbered (c) and (d).
6. In Paragraph 88 (1) (c), "(a) 'is replaced by" (a) and (b)';
7. In Paragraph 88 (2), first and second sentences, "paragraph 1 (b) 'is replaced by" paragraph 1 (c)'.
8. In Paragraph 88 (3), "paragraph 1 (b) 'is replaced by" paragraph 1 (c)'.
9. In Paragraph 91 (4), "§ 88 (1) (b) 'is replaced by" § 88 (1) (c)';
10. Paragraph 97 (3), including footnote 37b, reads:
"(3) The legal or natural person providing a public communications network or providing a publicly available electronic communications service shall retain the operational and localisation data generated or processed in the provision of its public communications networks and in the provision of its publicly available electronic communications services (37b). Operational and localisation data relating to unsuccessful call attempts shall be kept by a legal or natural person providing a public communications network or providing a publicly available electronic communications service only if such data are generated or processed while being stored or recorded. The legal or natural person who stores the operational and localisation data in accordance with the first and second sentences shall, on request, be required to provide them without delay to the authorities authorised to request them under a specific legislation. At the same time, that person shall ensure that the content of the messages is not retained with the data referred to in the first and second sentences. The storage period for such traffic and location data shall not be less than 6 months and shall not exceed 12 months. At the end of that period, the person who retains the data under the first and second sentences is obliged to dispose of them unless they have been provided to the authorities authorised to request them under a special rule or otherwise provided for by this law (§ 90).
37b) Directive 2006 / 24 / EC of the European Parliament and of the Council of 15 March 2006 on the storage of data generated or processed in connection with the provision of publicly available electronic communications services or public communications networks and amending Directive 2002 / 58 / EC. ';
11. In Paragraph 97, the following paragraph 4 is inserted after paragraph 3:
"(4) The scope of the operational and localisation data retained in accordance with paragraph 3, the retention period referred to in paragraph 3 and the form and manner of transmission thereof to the authorities authorised to use them and the storage period and the manner in which the data are disposed of and provided to the authorities authorised to request them under a specific legislation shall be laid down in implementing legislation.";
Paragraphs 4 to 9 shall be renumbered paragraphs 5 to 10.
12. in Paragraph 97 (7), "paragraphs 1, 3 and 4" shall be replaced by "paragraphs 1, 3 and 5";
13. in Paragraph 97 (8):
"(8) The person referred to in paragraph 1 and its staff shall be required to maintain confidentiality regarding the requested or executed eavesdropping and the recording of the reports referred to in paragraphs 1 and 2 and the request and provision of the data referred to in paragraphs 3 and 5 and the related facts. ';
14. in Paragraph 97 (10):
"(10) A legal or natural person providing a public communications network or providing a publicly available electronic communications service shall keep a record of:
(a) the number of cases in which, on request, it has provided operational and localisation data to the authorities authorised to request it;
(b) periods elapsed on a case-by-case basis from the date on which the storage of traffic and location data began until the date on which the authorised authority requested such data; and
(c) the number of cases where applications for operational and localisation data could not be accepted. "
15. in Paragraph 97, the following paragraph 11 is added:
"(11) A legal or natural person providing a public communications network or providing a publicly available electronic communications service shall be required to transmit to the Office the records referred to in paragraph 10 in summary form for the previous calendar year, in electronic form, no later than 31 January of the following calendar year. The records transmitted shall not contain personal and identification data. The Office shall forward the summary of the records received to the Commission without delay. ';
16. In Paragraph 115, the dot is replaced by a comma at the end of the paragraph and the following point (l) is added:
"(l) checking compliance with the obligations laid down in the directly applicable Community Regulation (5a)."
17. in Paragraph 118 (4) (n), the word "or" shall be deleted;
18. In Paragraph 118, at the end of paragraph 4, the dot is replaced by a comma and the following points (p) to (r) are added:
"(p) does not set call prices in accordance with the directly applicable Community Regulation (5a);
(q) does not provide electronic communications services under the conditions laid down in the directly applicable Community Regulation (5a); or
(r) infringes the obligation to ensure transparency of the retail roaming price laid down in the directly applicable Community Regulation (5a). ';
19. Paragraph 118 (11) reads as follows:
"(11) For the administrative offence referred to in paragraph 1 (a) to (l) and (t), paragraphs 2 (a) to (d), 3, 4 (a) to (c) and (p) to (r), 5 (a) to (c), 6 (a) to (c), 7, 8 (a) to (e), 9 (a) to (d) and (h) and 10, fines shall be imposed up to a maximum of CZK 10 000 000 or 10% of the proceeds of the proceeds of the person to whom the fine is imposed, obtained for the last completed financial year, but up to a maximum of CZK 10 000 000."
20. In Paragraph 118 (12), the words "10% of the proceeds achieved during the last completed calendar year but not more than CZK 5 000 000 'are replaced by the words" the amount of CZK 5 000 000 or up to 10% of the proceeds of the person to whom the fine is imposed, obtained during the last completed financial year, up to a maximum of CZK 5 000 000'.
21. in Article 150 (3), "§ 97 (3)" is replaced by "§ 97 (4)";
22. in Article 150 (4), "Article 97 (4) and (8)" is replaced by "Article 97 (5) and (9)";
23. in Paragraph 150 (5), "6" is replaced by "7."
This Act shall take effect on the first day of the second month following its publication.
Wolf
Klaus v. r.
Topolánek v. r.
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Regulation Information
| Citation | Act No. 247 / 2008 Coll., amending Act No. 127 / 2005 Coll., on Electronic Communications and amending certain related laws (Act on Electronic Communications), as amended |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 04.07.2008 |
|---|---|
| Effective from | 01.09.2008 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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