Act No. 300 / 2008 Coll.
Act on electronic acts and authorized conversion of documents
Valid
Law
Effective from 01.07.2009
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300
THE LAW
of 17 July 2008
on electronic operations and authorised conversion of documents
Parliament has decided on this law of the Czech Republic:
Subject matter
(1) This Act provides for:
(a) electronic acts of public authorities, local authorities and natural or legal persons, where such natural or legal persons have been entrusted with the powers of public administration, notaries, court executors and insolvency administrators (hereinafter referred to as the "public authority") in respect of natural persons and legal persons, electronic acts of natural persons and legal persons vis-à-vis public authorities and electronic acts between public authorities through data boxes;
(b) the supply of documents by means of data boxes to natural persons, business natural persons and legal persons;
(c) data box information system;
(d) authorised conversion of documents1) (hereinafter referred to as "conversion").
(2) This law does not apply to documents containing classified information2).
Data Box
(1) The data box is an electronic repository that is intended for:
(a) service by public authorities;
(b) the implementation of acts against public authorities;
(c) the supply of documents by natural persons, commercial natural persons and legal persons.
(2) Data boxes are established and managed by the Digital and Information Agency (hereinafter referred to as the Agency).
Personal data box
(1) The data box of a natural person shall be established by the Agency free of charge to a natural person who is fully competent, upon request of that person, without delay after the request has been made.
(2) A natural person is entitled to the establishment of a single data box of a natural person.
(3) The formalities for the application for the establishment of a data box of a natural person are:
(a) the name, names, surnames, any changes thereto,
(b) surname,
(c) the day, month and year of birth;
(d) place and district of birth; where the natural person was born abroad, the place of birth and the State in whose territory he was born,
(e) citizenship, unless a natural person is a national citizen of the Czech Republic, and
(f) the number and type of identification document, if issued to a natural person.
(4) The application for the establishment of a data box of a natural person shall contain an officially certified signature of the natural person.
(5) Where an application for the establishment of a data box of a natural person fulfils the requirements set out in paragraphs 3 and 4, the Agency shall establish a data box of a natural person, otherwise the natural person shall, following a previous futile call to remedy the deficiencies of the request, inform the natural person that the data box of the natural person cannot be established. Where a natural person has already established a data box of a natural person or is not fully competent, the Agency shall inform him that the data box of a natural person cannot be established.
Personal data box
(1) The data box of a natural person, a lawyer, a statutory auditor, a tax advisor, an insolvency administrator, an expert, a judicial interpreter and a judicial translator shall be set up by the Agency free of charge and without delay after having received information on their entry in a legal register or register.
(2) The managing natural person, the lawyer, the statutory auditor, the tax advisor, the insolvency administrator, the expert, the court interpreter and the court translator are entitled to the establishment of one data box of the undertaking natural person, the lawyer, the statutory auditor, the tax advisor, the insolvency administrator, the expert, the court interpreter and the court translator.
(3) The data box of the undertaking natural person shall be set up free of charge by the Agency by a lawyer, statutory auditor, tax advisor, insolvency administrator, expert, interpreter and interpreter, authorized architect, authorized engineer and authorized technician, officially authorised surveyor, without delay after receiving information on their entry in the legal register. Paragraph 2 shall apply to lawyers, statutory auditors, tax advisors, insolvency administrators, experts, court interpreters and court translators, authorized architects, authorized engineers, authorized technicians, officially authorised surveyors, mutatis mutandis.
(4) The formalities for the application for the establishment of a data box of the undertaking natural person are:
(a) the name and, where appropriate, the names and surnames of the company,
(b) surname,
(c) the day, month and year of birth;
(d) place and district of birth; if the person in business was born abroad, the place of birth and the State in whose territory he was born,
(e) citizenship, unless the person in business is a national citizen of the Czech Republic,
(f) the identification number of the person, if assigned,
(g) a seat.
(5) The request for the establishment of a data box of the undertaking natural person shall contain an officially certified signature of the undertaking natural person.
(6) Where an application for the establishment of a data box of the undertaking natural persons fulfils the requirements set out in paragraphs 4 and 5, the Agency shall establish a data box of the undertaking natural person, otherwise the undertaking natural person, following a previous futile call to remedy the deficiencies of the request, shall inform that the data box of the undertaking natural person cannot be established. The Agency shall inform the Agency if the person already in business has a data box set up by the undertaking, that the data box of the undertaking cannot be established.
Legal person's data box
(1) The data box of a legal person shall be established by the Agency free of charge to a legal person registered in the register of persons without delay after having received information on its entry in the register of persons.
(2) The Agency shall establish the data box of a legal person free of charge at the request of that person without delay after the request has been made.
(3) A legal person is entitled to the establishment of a single data box of a legal person.
(4) The formalities for the application for the establishment of a legal person's data box are:
(a) name or business name,
(b) the identification number of the person and, if not allocated, the registration number, the registration number or any other similar indication, if assigned,
(c) the address of the registered office;
(d) the name and, where appropriate, the name, surname, date of birth and address of the person authorised to act on behalf of the legal person;
(e) the State of registration or registration of a legal person.
(5) The application for the establishment of a data box of a legal person shall contain the officially certified signature of the person authorised to act on behalf of the legal person.
(6) Where an application for the establishment of a legal person's data box meets the requirements set out in paragraphs 4 and 5, the Agency shall establish a legal person's data box, otherwise the legal person shall, following a previous futile call to remedy the deficiencies of the request, inform that the legal person's data box cannot be established. Where a legal person has already established a legal person's data box, the Agency shall inform it that the legal person's data box cannot be established.
Public authority data box
(1) The data box of a public authority shall be established free of charge by the Agency to the public authority, without delay after its establishment and in the event that the public authority arises from registration under another law, without delay after its registration in the register of public authorities and private users of data.
(2) The Agency shall set up other data boxes for the public authority free of charge at the request of the public authority without delay after the request has been made. The data box referred to in the first sentence shall be established in particular for the need for an internal organisational unit of a public authority or for the execution of a specific agenda or activity of a public authority.
(3) The formalities for requesting the establishment of another public authority data box are:
(a) the name of the public authority and the name of the internal organisational unit of the public authority for whose purposes the data box is established or the name of the agenda or the activity of the public authority for which the data box is established;
(b) the identifier of the public authority;
(c) the address of the registered office;
(d) the name and, where appropriate, the name, surname, date of birth and address of the person to whom the access data are to be sent.
(4) Where an application for the establishment of an additional data box to a public authority fulfils the requirements laid down in paragraph 3, the Agency shall establish a further data box to the public authority and send the access data to that data box to the person referred to in paragraph 3 (d) exclusively to the addressee's own hands, otherwise the public authority shall, following a previous futile call to address the deficiencies of the request, inform the public authority that another data box cannot be established.
(5) Only the data box of the public authority is set up.
Specific provisions concerning data boxes of authorities of local authorities
(1) A single data box for a public authority shall be established for the authorities of the local authority unless the local authority requests the establishment of another data box for the public authority.
(2) For the authorities of the city of the capital city of Prague, a single data box is established for the public authority, unless the city of the capital of Prague asks to set up another data box for the public authority. A single data box of a public authority shall be established for the authorities of the urban or urban district of the territorial subdivisions of the statutory city, unless the territorial subdivisions of the statutory city require the establishment of another data box of the public authority.
(3) For the purposes of this Act, the head of the public authority shall be considered to be the governor of the county, the mayor of the capital of Prague, the mayor of the municipality, the mayor of the capital of Prague and the mayor of the city or city district of the territorial division of the city.
Persons authorised to access the data box
(1) The natural person for whom the data box was established is entitled to access the data box of a natural person.
(2) The natural person for whom the data box was established is entitled to access the data box of the undertaking.
(3) Access to the data box of a legal person shall be authorised by the statutory body of a legal person or by a member of the statutory body of the legal person for which the data box was established.
(4) Access to the data box of the public authority shall be authorised by the head of the public authority for which the data box has been established.
(5) Unless otherwise provided, only the persons referred to in paragraphs 1 to 4 shall be entitled to take the acts referred to in paragraphs 5 and 7 of Article 11. The scope of access to the data box of the persons referred to in paragraphs 1 to 4 shall include access to documents designated in the addressee's own hands.
(6) In addition, the authorised authorised person shall:
(a) in the case of a data box of a natural person and of a data box of an undertaking of a natural person, by a natural person authorised by the person for whom the data box was established, to the extent specified by that person,
(b) in the case of a data box of a legal person, the natural person authorised by the statutory authority of the legal person for which the data box was established, to the extent specified by him;
(c) in the case of a data box of a public authority, a natural person designated by the head of the public authority for which the data box has been established, to the extent specified by it.
(7) The persons referred to in paragraphs 1 to 4 may determine that the acts reserved to them under this Law in relation to the entrusted persons and the Agency may be performed by a natural person designated for that purpose (hereinafter referred to as "the administrator ').
(8) The delegate shall be entitled to access documents designated in his own hands only if the person referred to in paragraphs 1 to 4 or the administrator so provides.
(9) Persons authorised to access the data box shall:
(a) use the data box in a manner which does not jeopardise the security of the data box information system;
(b) inform the Agency without delay that there is a risk of misuse of the data box; the delegate shall also inform the person who designated the delegate.
Means of accessing the data box
(1) The person authorised to access the data box is logged in by means of the access data.
(2) The person authorised to access the data box is obliged to treat the access data in such a way that it cannot be misused.
(3) The registration referred to in paragraph 1 shall be ensured by the Agency by means of access data or electronic means issued by it or by means of access using an electronic identification device issued under a qualified electronic identification system (hereinafter referred to as "access by a qualified device '). The Agency shall determine the formalities for access data and the electronic means of registration and their formalities by means of a decree. The provisions on access data shall apply mutatis mutandis to the electronic means referred to in the first sentence.
(4) The Agency shall establish the technical conditions and safety principles of access to the data box by means of a decree.
(1) The Agency may also issue the electronic means referred to in Article 9 (3) as a means of electronic identification determined in the framework of the electronic identification system managed or established by it or a qualified electronic identification system for the authentication of its holder in cases other than the entry into the data box.
(2) The Agency shall ensure the authenticity of the holder of the electronic device referred to in paragraph 1 when entering the data box and using the electronic device as an electronic identification device in cases other than those in the data box.
(3) The Agency shall publish on its website the conditions for the issue and use of the electronic device referred to in paragraph 1 as a means of electronic identification for the authentication of its holder in cases other than the entry into the data box and the recommended security measures associated with such release and use.
Access to the data box
(1) The Agency shall send the data to the person referred to in § 8 (1) to (4), without delay after the data box has been established, exclusively to the addressee. In the case of a data box established on the basis of a request made in accordance with § 27 (4), the Agency shall only send access data at the request of the person referred to in § 8 (1) or (2).
(2) The data box is made available by the first entry of the person referred to in paragraphs 1 to 4 of Section 8, but not later than the 15th day following the date of receipt of the access data to those persons. A data box established on the basis of a request made in accordance with Article 27 (4), for which the person referred to in Article 8 (1) or (2) has not requested the sending of the access data, shall be made available by the first entry of the person referred to in Article 8 (1) or (2), but no later than the 15th day following the date of its establishment. The Agency shall inform the person referred to in Article 8 (1) or (2) of the establishment of a data box through the public administration information system to whom it has submitted an application for the establishment of a data box.
(3) At the request of a person referred to in § 8 (1) to (4) or of an administrator, the Agency shall send access data to the data box entrusted to the person exclusively to the addressee's own hands.
Non-access of the data box
(1) The Agency shall make the data box of the natural person and of the undertaking natural person accessible, if appropriate retroactively, on:
(a) the death of the person for whom the data box was established;
(b) mentioned in the court's decision to declare himself dead as the date of death of that person,
(c) the acquisition of legal power by a decision limiting the person's incapacity;
(d) where that person has been confined to personal freedom by reason of taking custody, the execution of a custodial sentence, the execution of a detention order, protective treatment or protection of the health of the people.
(2) The Agency shall make the data box of the undertaking and of the legal person accessible, if necessary retroactively, on the date of its deletion from the statutory records.
(3) The Agency shall make the data box of a legal person set up by law available to it on the date of its revocation, if necessary retroactively on the date of its revocation.
(4) The Agency shall make the data box available to the public authority on the date of its revocation, if any, and retroactively on the date of its revocation, and in the event that the public authority ceases to be deleted from the register under any other legislation, the date entered in the register of public authorities and private users of the data as the date of its expiry, including, where appropriate, the date of its termination. In addition, the Agency shall make the data box of the public authority inaccessible on the date indicated in the register of public authorities and private users of the data as the date of interruption or suspension, if necessary retroactively on the date of interruption or suspension.
(5) The Agency shall make the data box of a natural person, an undertaking, a legal person or a public authority available also at the request of the person or public authority to whom the data box has been established, or an administrator, if it is a data box established on request.
(6) The data box is accessible without delay after the request referred to in paragraph 5.
(7) The Agency shall make available to the non-accessible data box of a natural person, an undertaking natural person, a legal person or a public authority at the request of the person or public authority to whom the data box has been established, or the administrator without delay after the request has been made. If the data box has been unavailable twice in the last year, it may be made available not earlier than 1 year after the last non-access.
(8) The Agency shall make available the non-accessible data box to the public authority, which has been made available in accordance with the second sentence of paragraph 4, on the date on which the information on the interruption or suspension has been deleted from the register of public authorities and private users of data.
Invalidity of access data
(1) The Agency shall invalidate the access data of the person authorised to access the data box without delay after its notification, in particular in the event of the loss or theft of the access data, and shall at the same time send new access data to that person exclusively to his own hands.
(2) The Agency shall invalidate access data to the delegate in the event of revocation of the mandate referred to in Article 8 (6) without delay after notification of the person referred to in Article 8 (1) to (4) or the administrator and shall inform the person whose data it has invalidated, as well as the person who requested the invalidity.
(3) The Agency shall invalidate the access data to the statutory body of a legal person or its member, if it ceases to be the statutory body of a legal person or its member and the head of a public authority, if it ceases to be the head of a public authority, immediately after notification by a new statutory body of a legal person or its member, a new management body of a public authority or an administrator. At the same time, the Agency shall send new access data exclusively to the addressee's own hands to the new statutory body of a legal person or its member or to the new head of public authority.
Cancellation of the data box
The Agency shall cancel:
(a) the data box of a natural person after a period of 3 years from the date of death of the natural person or, where appropriate, the date indicated in the decision of the court to declare himself dead as the date of death;
(b) the data box of the person in business after a period of 3 years from the date of deletion of the natural person in the legal record;
(c) the data box of a legal person after a period of 3 years from the date of the death of the legal person or, where appropriate, from the date of its deletion from the legal record;
(d) the data box of a public authority after 3 years from the date of its revocation and, where the public authority ceases to be a public authority, by erasure from registration under another legislation, after 3 years from the date stated in the register of public authorities and private users of the data as the date of its disappearance.
Data Box Information System
(1) The data box information system is a public administration information system (4), which contains information on data boxes and their users.
(2) The Agency is the controller of the data box information system. The operator of the data box information system shall be the holder of the postal licence. The data box information system operator shall also ensure its development. The remuneration of the holder of the postal licence for the operation of the data box information system shall be determined in accordance with the price regulations (5). The cost of developing the data box information system shall be determined by an agreement between the postal licence holder and the Agency. The costs associated with the operation and development of the data box information system shall be borne by the State by the State budget earmarked under the draft Agency for a defined purpose in the chapter of the General Treasury (5a).
(3) The data boxes information system shall contain at least the following data boxes information:
(a) the identifier of the data box (hereinafter referred to as "the identifier"),
(b) the date of establishment, disclosure, non-accessibility and cancellation of the data box, indicating the time, minute and second;
(c) the date of entry of the person authorised to access the data box into that data box, indicating the time, minute and second and the data identifying that person;
(d) the date of dispatch of the document or of the operation of the data box, indicating the time, minute and second, and an indication identifying the person who made the dispatch of the document or act;
(e) the name and, where applicable, the name, surname, date and place of birth, the address of the place of permanent residence or other residence in the Czech Republic or the address of residence outside the Czech Republic of the natural person for whom the data box was established,
(f) the name, names and surname and, where applicable, the business name of the natural person for whom the data box was established, the date and place of birth, the address of the place of permanent residence with the citizens of the Czech Republic, the place of residence of the national of the Member State of the European Union without a residence permit or permanent residence in the Czech Republic, the registered office and the identification number of the person who was assigned,
(g) the business name or name of the legal person for which the data box, registered office and identification number of the person was established, if any;
(h) the name of the public authority for which the data box was established, the registered office and the identification number of the person, if any;
(i) the name, names, surname, date of birth, address of the place of permanent residence or other residence in the Czech Republic or the address of residence outside the territory of the Czech Republic of the person authorised to access the data box, access data, connection of access data to access data to individual user accounts pursuant to § 14a, the scope of access and the date of creation and termination of the authorisation to access the data box, indicating the time, minute and second;
(j) the name or, where applicable, the name, surname, date of birth, address of the place of permanent residence or other residence in the territory of the Czech Republic or address of residence outside the territory of the Czech Republic of the administrator and the date of establishment and termination of designation by the administrator, indicating the hour, minute and second;
(k) the e-mail address or similar information for the notification of the delivery of the data message to the data box or, where appropriate, the contact address to which the addressee is to be served; the list of contact addresses for which consent has been given to their publication shall be kept by the Agency in a manner that allows remote access;
(l) the date and time of events associated with the operation of the data box information system.
(4) The information referred to in paragraph 3 shall be non-public and shall not be made available to other persons, except for the contact address to which the addressee is to be served, provided that consent is given to its publication. The Agency shall allow the identification of the data box so that it can be delivered to it.
(5) The controller and the operator of the data box information system ensure appropriate security arrangements for the data box information system.
(6) Neither the administrator nor the operator of the data box information system are entitled to access other entities' data boxes.
(1) The Agency may, at the request of the person providing its services on the Internet, which is accessible through its operated individual user accounts of the addressees of such services (hereinafter referred to as the "Internet Service Provider"), authorise the use of an interface of the data box information system used to manage access data and the identity of persons authorised to access data boxes and the link of access data of such persons to access data to individual user accounts (hereinafter referred to as the "access interface"). The application shall include a description of how the access interface is used.
(2) The Agency shall decide on the application within 3 months of the date of its submission. If the provider of Internet services fulfils the substantive, personnel, technical, security and organisational conditions, the Agency may grant him permission to use the access interface. The permit shall be issued for a period of 5 years.
(3) The Agency lays down the substantive, personnel, technical, security and organisational conditions for the use of the access interface and publishes them in the Agency Bulletin and in a way that allows remote access. Where the Agency establishes new conditions in accordance with the first sentence, the obligation of the Internet Service Provider to fulfil these conditions shall not arise before the first day of the third calendar month following the calendar month in which they are published, unless the Agency provides for a longer period of time.
(4) The Internet Service Provider pays an annual fee calculated as the product of the amount of CZK 100 and the number of user accounts to its services for which the access interface was used in a given calendar year. The fee shall be paid by 31 January of the following calendar year. The fee is the income of the state budget, selected by the Agency.
(5) The Internet Service Provider is responsible for damage caused in connection with the use of the access interface. The Internet Service Provider shall be relieved of liability if it proves that the damage could not be prevented even if all the efforts that may be required of it were made.
(6) The Agency checks with the Internet Service Provider the fulfilment of the physical, personnel, technical, security and organisational conditions for the use of the access interface.
(7) The Agency will decide to withdraw the authorisation to use the access interface,
(a) if the Internet Service Provider does not fulfil the substantive, personnel, technical, security or organisational conditions for the use of the access interface and does not, within 3 months of the Agency's notification of this fact, remedy it; or
(b) where the Internet service provider so requests.
(8) The Agency shall keep a list of Internet service providers using the access interface and publish it in a way that allows remote access.
List of natural persons, business natural persons, legal persons and public authorities with a data box set up and made available
(1) The Agency shall maintain a public list of natural persons, business natural persons, legal persons and public authorities with a data box set up and made available (hereinafter referred to as "the list of holders of data boxes") which is accessible in a way that allows remote access. The list is part of the data box information system.
(2) The Agency shall enter data on a natural or business natural person with a data box established and made available on the list of holders of data boxes at the request of that person.
(3) The list of holders of data boxes is broken down into separate parts held for natural persons, business natural persons, legal persons and public authorities.
(4) The list of holders of data boxes shall contain the following data on natural persons, entrepreneurs, legal persons and public authorities with a data box established and made available to them:
(a) in the part held for natural persons
1. name, surname, address of place of permanent residence or other residence in the Czech Republic or address of residence outside the Czech Republic;
2. identifier,
(b) in the part held for the natural persons involved
1. the name and, where appropriate, the surname and, where applicable, the business name, registered office and identification number of the person, if any, has been assigned,
2. identifier,
(c) in the part held for legal persons
1. the business name, registered office and identification number of the person, if assigned;
2. identifier (s), if any;
(d) in the part held for public authorities
1. the name, registered office and identification number of the person, if assigned;
2. identifier (s), if any;
3. where a public authority has established more than one public authority's data box, an indication of which public authority's data box is another public authority's data box, if another public authority's data box is set up for the needs of the internal organisational unit of the public authority, the name of that internal organisational unit, and if another public authority's data box is set up for the performance of a specific public authority's agenda or activity, the name of that agency or activity.
(5) At the request of a natural or entrepreneurial natural person who has a data box set up and made available, the data contained in the list of data boxes holders shall be destroyed.
(6) The Agency uses the data contained in the data box information system to maintain the list of holders of data boxes.
Use of data from public administration information systems and synergies
(1) The Chamber of Auditors of the Czech Republic shall immediately inform the Agency of the registration of the person in the register of auditors, of the data kept on the person in the register of auditors necessary for the establishment of the data box and of changes thereto and of the termination of the authorisation to carry out the audit activities of that person.
(2) The Ministry of Justice shall immediately inform the Agency of the registration of an expert in the list of experts, expert offices and expert institutes (hereinafter referred to as "the list of experts") and of the entry of a court interpreter or a judicial translator in the list of judicial interpreters and translators (hereinafter referred to as "the list of judicial interpreters"), of the information kept on that person in the list of experts or in the list of judicial interpreters strictly necessary for the establishment of the data box and its amendments and of the removal of that person from the list of experts or the list of judicial interpreters.
(3) The Czech Chamber of Architects shall immediately inform the Agency of the entry of an authorized architect in the list of authorized architects, of the data kept on that person in the list of authorized architects necessary for the establishment of the data box and its changes and of the removal of that person from the list of authorised architects.
(4) The Czech Chamber of Authorised Engineers and Engineers active in the construction sector shall immediately inform the Agency of the entry of an authorized engineer in the list of authorized engineers and of the entry of an authorized technician in the list of authorized engineers, the data kept on the list of authorised engineers or on the list of authorised technicians strictly necessary for the establishment of the data box and its amendments and the removal of that person from the list of authorised engineers or from the list of authorised technicians.
(5) The Czech Office of Geographic and Catastrophic or Ministry of Defence shall inform the Agency without delay of the entry of an officially authorised surveyor in the list of natural persons with official authorisation, of the data kept on the list of natural persons with the official authorisation necessary for the establishment of the data box and of changes thereto and of the removal of such person from the list of natural persons with official authorisation.
The prison or detention centre shall immediately inform the Agency of the taking of a natural person into custody or of the taking of a natural person into custody, if the person has a data box. The detention centre shall immediately inform the Agency of the entry into the performance of the security detention of a natural person with a data box. The Court of First Instance shall immediately inform the Agency of an enforceable decision limiting the natural person with a data box to personal freedom for reasons of protection or protection of the health of the people.
Service of documents by public authorities through a data box
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Regulation Information
| Citation | Act No. 300 / 2008 Coll., on Electronic Operations and Authorised Document Conversion |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 19.08.2008 |
|---|---|
| Effective from | 01.07.2009 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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