Government Decree No 263 / 2025 Coll.
Government regulation on setting the level and method of reimbursement of the costs of wiretap and recording reports and contribution to the storage of traffic and location data
Valid
Regulation
Effective from 01.08.2025
Text versions:
01.08.2025
31.07.2025
263
GOVERNMENT REGULATION
of 23 July 2025
determining the level and method of reimbursement of the monitoring costs effectively and effectively incurred and recording reports and contribution to the storage of traffic and location data
The Government mandates pursuant to Article 150 (1) of Act No. 127 / 2005 Coll., on Electronic Communications and on the amendment of certain related laws (Act on Electronic Communications), as amended by Act No. 261 / 2007 Coll., Act No. 304 / 2007 Coll., Act No. 468 / 2011 Coll., Act No. 252 / 2017 Coll., Act No. 374 / 2021 Coll. and Act No. 23 / 2025 Coll., ("the Act ') to implement Section 97 (11) of the Act:
Subject matter
This Regulation lays down:
(a) the amount and method of reimbursement of the costs effectively and effectively incurred to establish and secure the interface for the connection of end-to-end telecommunications wiretap and message recording equipment (hereinafter referred to as "the interface");
(b) the amount and method of payment of the contribution to the fulfilment of the obligation to store operational and localisation data (hereinafter referred to as "the contribution to the storage of operational and localisation data"); and
(c) the method of proving the justification for the cost effectively and effectively incurred.
Amount of costs for the installation of the interface
(1) The cost of establishing and securing the interface is the sum
(a) depreciation under the accounting legislation (hereinafter referred to as "accounting depreciation") of the interface or the cost of leasing it; and
(b) the cost of its security.
(2) If the interface is not solely used for the monitoring and recording of messages, the cost shall be determined in proportion to the proportion of the costs incurred for setting up and securing the interface in proportion to its other use.
Amount of costs of storage of traffic and location data
(1) The cost of storing traffic and location data is the sum of:
(a) the accounting depreciation of equipment acquired for their storage or rental costs; and
(b) the costs incurred in securing the equipment referred to in (a).
(2) If the installation is not solely intended for the storage of traffic and location data, the cost shall be determined at the level of the proportion of the costs incurred for the acquisition or rental and security of the installation in proportion to its other use.
Contribution to the storage of traffic and location data
(1) The contribution to the storage of traffic and location data shall be set at the maximum amount to be determined according to the following formula: pmax = 9000 × n0,4, kdepmax is the maximum amount of annual contribution in Czech crowns and the number of categorised services provided to end-users registered by the Czech Telecommunications Office.
(2) Where the cost of carrying out the obligation to store operational and localisation data is lower than the maximum amount of the contribution determined in accordance with paragraph 1, the cost allowance shall be paid only up to the actual cost.
(3) The contribution to the storage of operational and localisation data shall be fixed at the date of the agreed assessment of the technical solution and equipment to fulfil this obligation.
Method of reimbursement of the costs of establishing and securing the interface and contribution to the storage of traffic and location data
(1) The reimbursement of the installation and security costs of the interface does not apply for a period when the interface does not meet the technical or operational conditions for the connection of the end-telecommunications device for listening or recording messages.
(2) The contribution to the storage of operational and localisation data shall not apply for a period when the installation for the storage of operational and localisation data is unable to store operational or localisation data.
(1) Where a common technical solution is used, the aggregate number of categorised services provided to end-users shall be calculated for all legal or natural persons providing a public communications network or providing a publicly available electronic communications service (hereinafter referred to as "legal or natural person ') using a common solution when determining the maximum amount of the contribution to the storage of traffic and location data into the common technical solution.
(2) The contribution to the storage of traffic and location data shall be paid to a proportion of legal or natural persons, depending on their share of the categorised services provided to end-users, if a common technical solution is used.
(1) The cost of setting up and securing the interface and the cost of storing traffic and location data shall be charged per calendar month.
(2) The legal or natural person shall deliver the bill of account in the case of:
(a) the cost of establishing and securing the interface to the authorised authority which requested the establishment of the interface;
(b) the cost of storing traffic and location data to the Police of the Czech Republic.
(3) The cost accounting shall be delivered to the competent authority referred to in paragraph 2 by the legal or natural person responsible for the cost of setting up and securing the interface or the contribution to the storage of operational and localisation data by the twenty-fifth day of the month following the month in which the claim for such costs or contribution arose. The cost accounting for November shall be forwarded by the legal or natural person to the competent authority referred to in paragraph 2 no later than 10 December of the same year.
(4) In the justified case, the legal or natural person responsible for the cost of setting up and securing the interface or the contribution to the storage of traffic and localisation data may, with the agreement of the competent authority referred to in paragraph 2, issue a cost accounting for a longer period than that referred to in paragraph 1. In that case, paragraph 2 shall apply mutatis mutandis.
(5) The cost accounting shall be payable within 30 days of its delivery.
Demonstration of justification for the cost effectively and effectively incurred
(1) The rationale for the effective and efficient cost of setting up and securing the interface is demonstrated before the establishment of the interface and is presented together with a proposal for possible options for solutions which are included in the application for assessment of technical solutions and equipment for the establishment and security of the interface and in the selection of options for the solution.
(2) The justification for the cost of storing traffic and location data effectively and effectively is demonstrated prior to the acquisition and launch of the system for storing traffic and location data on the basis of the supporting documents contained in the request for the assessment of technical solutions and equipment to fulfil the obligation to store traffic and location data.
(3) The supporting documents included in the application for assessment of technical solutions and equipment to fulfil the obligation to store operational and localisation data include in particular:
(a) basic information on the legal or natural person, at least the contact address, the registered office, the identification number, the contact person and his authority by the statutory authority, unless he acts directly in the matter, the e-mail address and the telephone number;
(b) basic information on the network of legal or natural persons, in particular the number of categorised services provided to end-users, the geographical scope and structure of the electronic communications network, the electronic communications services offered, the composition and the volume of data passing through each part of the network;
(c) the project design or description of the chosen solution for the storage of traffic and location data in the legal or natural person network with the technical specification and justification of the defined technical parameters of each element in relation to the network operated and guarantees of operation of the system for at least 5 years;
(d) justification for choosing a variant preferred by a legal or natural person from several possible options of the solution selected with regard to economy, efficiency and effectiveness;
(e) a description of the format and structure of the stored traffic and location data, or, where appropriate, a description of the format and structure in which such data will be transmitted upon request, or a sample of such data; and
(f) a calculation of the cost of acquiring and operating operational and localisation data storage facilities for 36 months and determining its depreciation period.
Common provisions
(1) Only those costs that have been recorded in the accounts of a legal or natural person which are due to the cost of setting up and securing the interface or the contribution to the storage of traffic and location data shall be included in the cost.
(2) The cost accounting shall include:
(a) the calculation of costs under this Regulation;
(b) a copy of the tax document for the acquisition of fixed assets, including its annexes, with an indication of the items and the corresponding purchase prices of the equipment whose accounting depreciation is included in the reimbursement of costs and the calculation of the accounting depreciation following the purchase price and the depreciation plan;
(c) a copy of the tax document for the lease of fixed assets, including its annexes, with an indication of the items and their corresponding cost of renting the installation;
(d) a copy of the tax document for the service of securing the obligations for the establishment and operation of the interface or storage of operational and localisation data; and
(e) copies of the proof of the cost of securing long-term assets referred to in point (b) carried out by its own staff, in particular work reports with the number of hours worked and hourly rates.
(3) The legal or natural person referred to in paragraph 1 shall attach the documents referred to in paragraph 2 to the first statement of costs. If the document or the particulars thereof change, it shall accompany the document to the next bill of account. At the same time, it shall indicate in this cost accounting what change has taken place and why.
(4) In the justified case, the legal or natural person referred to in paragraph 1 may, with the agreement of the competent authority, deliver the cost accounting documents in a manner other than that referred to in paragraph 3.
Efficacy
This Regulation shall enter into force on the day following that of its publication.
Prime Minister:
Prof. PhDr. Fiala, Ph.D., LL.M., v. r.
1. Deputy Prime Minister and Minister of the Interior:
Mgr.
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Regulation Information
| Citation | Government Decree No 263 / 2025 Coll., on determining the amount and method of reimbursement of the costs of wiretap and recording reports and contribution to the storage of traffic and location data |
|---|---|
| Regulation Type | Regulation |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.07.2025 |
|---|---|
| Effective from | 01.08.2025 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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