Act No. 340 / 2015 Coll.
Law on the special conditions for the effectiveness of certain contracts, the publication of such contracts and the register of contracts (Law on the Register of Contracts)
Valid
Law
Effective from 01.07.2016
340
THE LAW
of 24 November 2015
on specific conditions for the effectiveness of certain contracts, the publication of such contracts and the register of contracts (Law on the Register of Contracts)
Parliament has decided on this law of the Czech Republic:
Subject matter
This law regulates specific conditions for the effectiveness of certain contracts, the publication of such contracts through a register of contracts and a register of contracts.
Published documents
(1) A private-law contract and a grant or repayable financial assistance contract shall be published by means of a contract register.
(a) Czech Republic,
(b) the local self-governing body, including the urban or urban district of the territorial subdivided statutory or urban part of the capital of Prague;
(c) a state contribution organisation;
(d) the State Fund;
(e) a public research institution, a public cultural institution or a public university;
(f) voluntary association of municipalities,
(g) a contribution organisation of the local authority,
(h) an institution set up by the State or the local authorities in total;
(i) a community of general interest established by the State or by the local authorities,
(j) a state undertaking or a national undertaking;
(k) health insurance company;
(l) Czech Radio or Czech Television, or
(m) a legal person in which a State or a territorial self-governing entity itself or with other territorial self-governing entities has majority participation, including through another legal person.
(2) Paragraph 1 shall not apply to a legal person established under a law other than Czech law which is predominantly outside the territory of the Czech Republic.
Exemptions from the obligation to publish
(1) The register of contracts shall not disclose information which cannot be provided in accordance with the rules governing free access to information.
(2) The obligation to publish through a contract register does not apply to:
(a) a contract resulting from legal negotiations with a natural person acting outside the scope of his business; This does not apply if the transfer of ownership of a person referred to in Paragraph 2 (1) to a tangible immovable property is sought,
(b) technical design, instructions, drawing, project documentation, model, method of calculation of unit prices, model and calculation;
(c) a contract relating to the activities of intelligence services and to the General Inspection of Security Councils or to the activities of law enforcement authorities in preventing, seeking or detecting crime or prosecuting criminal offences or the activities of the Administration of State Material Reserve in the acquisition and management of State tangible reserves or the provision of security or defence of the Czech Republic, including a contract relating to the protection of the Czech Republic, concluded by a legal person referred to in Article 2 (1) (k) for which the Ministry of Defence exercises its founding function;
(d) a contract the performance of which is carried out predominantly outside the Czech Republic;
(e) a contract concluded in an adhesion manner, the contracting party of which is a legal person referred to in Article 2 (1) (e), (j), (k), (l) or (m), with the exception of contracts concluded under a procurement procedure under the Public Procurement Act;
(f) contracts, orders and invoices relating to the activities of the authorities, their members and the organisational components of the State referred to in Article 8 (4) of Act No. 218 / 2000 Coll., on budgetary rules and amending certain related laws (budgetary rules) and the activities of the administrators of their chapters,
(g) a contract concluded on a commodity exchange, on a regulated market or on a European regulated market, in an auction or in an auction or other similar procedure with which a special transfer or transfer of ownership is linked;
h) Contract if the value of its subject matter is CZK 50,000 without value added tax or less;
(i) a contract concluded with the author or performer in connection with the work of authors or artists;
(j) the contract for the provision and reimbursement of health services paid for by public health insurance and the contract for the reimbursement of medicinal products containing vaccines for periodic vaccination according to the antigenic composition of vaccines established by the Ministry of Health under the Public Health Protection Act, published under the Public Health Insurance Act;
(k) a contract where at least one contracting party is a municipality which does not exercise the extended scope, a contribution organisation established by that municipality or a legal person in which such a municipality itself or with other such municipalities has majority participation;
(l) a contract concluded by a public university in the framework of a complementary activity, a public research institution in another research, development and innovation activity or a public cultural institution in the context of a secondary activity;
(m) a contract involving the handling of an explosive or a device or object intended for its manufacture or storage;
(n) a contract relating to the production or use of the programme, including a contract to acquire rights to use the programme, at least one party to which the Czech Television or the Czech Radio is a party;
(o) a contract protected by banking secrecy; This does not apply if the contract between the bank and the person referred to in Article 2 (1) concerns the use of public funds,
(p) collective agreement,
(q) a contract concluded by a legal person referred to in Article 2 (1) (j) or (m) which has been established for the purpose of meeting needs having an industrial or commercial character or for the purpose of research, development or testing, provided that such contract has been concluded in the ordinary course of trade within the scope of the activity or business of that legal person registered in the public register. This shall not apply if it is a contract concluded with a person referred to in Paragraph 2 (1) which has not been established to meet needs of an industrial or commercial nature or for research, development or testing purposes.
Register of contracts
(1) A register of contracts is established as an information system for public administration, which serves to publish contracts under this Act.
(2) The registry administrator is the Digital and Information Agency.
(3) The register of contracts is accessible in a way that allows for free remote access.
(4) The registry administrator is not responsible for the correctness of contracts and contracts metadata published through the contract register.
Publication procedure
(1) The publication of a contract through a contract register shall mean the inclusion of an electronic image of the text content of the contract in an open and machine-readable format as well as the metadata referred to in paragraph 5 in the contract register.
(2) The person referred to in Paragraph 2 (1) or the contracting party to the contract shall send the contract to the administrator of the register of contracts for publication without undue delay, but not later than 30 days after the conclusion of the contract. The registry administrator shall publish the contract through the contract register without delay upon receipt of the contract; the publication of the contract through the register of contracts is generally carried out in an automated manner.
(3) The sending of the contract to the registry administrator shall be made on an electronic form to the data box set up by the registry administrator for this purpose. The registry administrator shall publish an electronic form on the public administration portal.
(4) Where a contract is published through a contract register, the registry administrator shall confirm the publication by a confirmation sent to the data box from which the contract was sent to the contract register; the sending of the certificate shall normally be carried out in an automated manner. The registry administrator shall indicate in the certificate the metadata of the contract referred to in paragraph 5 and shall ensure the confirmation in a way that ensures integrity and, where appropriate, the origin of the data.
(5) A contract which has not been published in the manner referred to in paragraph 1 or whose metadata do not contain:
(a) the identification of the Contracting Parties;
(b) the definition of the subject-matter of the contract;
(c) the price and, if the contract does not contain it, the value of the subject-matter of the contract, if it can be determined,
(d) the date of conclusion of the contract;
is not considered to be published through the contract register.
(6) Metadata referred to in paragraph 5 (a) or (c) may be excluded from publication through the contract register if such metadata is the business secret of the person referred to in Article 2 (1) (e), (j), (k), (l) or (m), even if the commercial secret would be up to more than one such published information at the same time.
(7) The person referred to in Paragraph 2 (1) or the contracting party to the contract may correct the contract published or the metadata of the contract after publication; acting mutatis mutandis in accordance with paragraphs 2 to 4. The original contract or metadata shall remain in the contract register.
(8) In the event that information is to be excluded from the publication in accordance with the procedure laid down in Article 3 (1) or Article 5 (6), the information shall be polluted in the electronic picture of the text content of the contract sent to the registry administrator by the person who sent the contract of publication via the contract register.
Consequences of publication
(1) A contract subject to an obligation of publication through a register of contracts shall take effect at the earliest on the date of publication.
(2) Independent of publication through the register of contracts, a contract that has been concluded in an extreme emergency or for the purpose of avoiding or mitigating injury imminent immediately in the context of an emergency affecting life, health, property or the environment takes effect.
(3) Independent of publication through the register of contracts, a contract involving medicinal products or medical devices is also effective.
Repeal of contract
(1) Where a contract which is subject to an obligation of publication through a register of contracts has not been published through a register of contracts, it is valid, within three months of the date on which it was concluded, to cancel it from the outset.
(2) Paragraph 1 shall not apply where only part of the contract has not been published through the contract register or has been wrongly excluded from the publication of a metadata for reasons of commercial secrecy in accordance with the procedure laid down in Article 5 (6),
(a) if the person referred to in Article 2 (1) or another Contracting Party makes a correction pursuant to Article 5 (7), to be made public in accordance with that law, within 30 days of the date on which he became aware that publication was not in conformity with that law, if it was still in good faith that publication was in conformity with that law; or
(b) where the person referred to in Article 2 (1) or another Contracting Party publishes the non-published part of the contract or the metadata concerned by means of the contract register as a correction pursuant to Article 5 (7) within 30 days from the date on which the decision of the superior authority or court was served on the basis of which the non-published part of the contract or the metadata concerned are to be provided in accordance with the rules governing free access to information.
(3) Furthermore, paragraph 1 shall not apply where a contract for which a legal person referred to in Article 2 (1) (j) or (m) is in good faith that he fulfils the conditions laid down in Article 3 (2) (q) has not been published through the contract register. If the legal person referred to in Article 2 (1) (j) or (m) has been informed that the non-disclosure of a contract under the first sentence is not in accordance with this law and if the contract is not published through the contract register within 30 days, it shall be cancelled from the outset.
(4) Metadata other than those referred to in paragraph 2 may only be corrected within three months of the date of conclusion of the contract to which the metadata relate; This does not apply to correcting errors in writing or numbers.
Common and transitional provisions
(1) This law shall apply regardless of the law applicable under private international law to the contract.
(2) A contract which is subject to an obligation of publication through a register of contracts must be concluded in writing or by other means enabling the contract to be published through a register of contracts. The contract supplementing, amending, replacing or revoking the contract published in the contract register before 18 August 2017 may also be concluded in writing or otherwise allowing the contract to be published through the contract register.
(3) Where a contract which is subject to an obligation of publication through a register of contracts has been concluded before the date of entry into force of this law and after the entry into force of this law an agreement supplementing, amending, replacing or revoking such a contract has been concluded, the contract in question shall be published through the register of contracts, together with this agreement.
(4) If a contract to be published under the Public Procurement Act is published in accordance with this Act, the obligation to publish it under the Public Procurement Act is fulfilled; This applies mutatis mutandis to data published as metadata under this Act.
(5) If a contract to be published under another law or information to be published under another law is published in accordance with this law, the obligation to publish it or the information to be published under such another law is fulfilled; This applies mutatis mutandis to data published as metadata under this Act. For the purposes of the first sentence, another law means:
(a) the law on the budgetary rules of the territorial budgets, if it is a contract to be published pursuant to Article 10d thereof;
(b) the Act on the promotion of research, experimental development and innovation, if it is a contract for which information is to be made publicly available through the information system of research, development and innovation;
(c) a concession law, if it is a contract for which the information is to be made publicly available through a register of concession contracts.
(6) The performance of obligations under this Act shall not be subject to supervision or control carried out under the laws on territorial units.
(7) By 31 December 2023, the electronic image of the text content of the contract may also be entered into the register in an open format allowing full machine processing of the text content.
(8) Where a contract which is subject to an obligation of publication through a register of contracts has been published in the contract register before 18 August 2017, it is always looked at for the purpose of this Act by fulfilling the condition of conclusion in writing.
Final provision
Paragraph 6 and 7 shall apply for the first time to contracts concluded on 1 July 2017.
Efficacy
This Act shall enter into force on 1 July 2016, with the exception of Sections 6 and 7, which shall take effect on 1 July 2017.
Hamlet v. r.
Zeman v. r.
Sobotka v. r.
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Regulation Information
| Citation | Act No. 340 / 2015 Coll., on the Specific Conditions for the Efficiency of Certain Contracts, the Publication of These Contracts and the Register of Contracts (Act on the Register of Contracts) |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 14.12.2015 |
|---|---|
| Effective from | 01.07.2016 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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