What is Act No. 370 / 2017 Coll.?

Act No. 370 / 2017 Coll., on payment — Law on payment.

When it became Act No. 370 / 2017 Coll. effectiveness?

Act No. 370 / 2017 Coll. became effective 13.01.2018.

Is Act No. 370 / 2017 Coll. still valid?

Yes, Act No. 370 / 2017 Coll. is still valid and effective.

How many times was it Act No. 370 / 2017 Coll. amended?

Act No. 370 / 2017 Coll. has 12 time versions of the text.

Act No. 370 / 2017 Coll.

Law on payment

Valid Law Effective from 13.01.2018

Text versions: 01.10.2025 09.04.2025 15.02.2025 01.01.2025 01.05.2024 All versions (11)

ČÁST PRVNÍ § 1 § 2 § 3 § 4 ČÁST DRUHÁ HLAVA I § 5 § 6 HLAVA II Díl 1 § 7 § 8 Díl 2 § 9 § 10 § 11 § 12 § 13 § 14 Díl 3 § 15 § 16 § 17 § 18 § 19 § 20 § 21 § 22 § 23 § 24 § 25 § 26 § 27 § 28 § 29 § 30 § 31 Díl 4 § 32 § 33 § 34 § 35 § 36 § 37 § 38 § 39 § 40 HLAVA III Díl 1 § 41 Díl 2 § 42 § 43 § 44 § 45 Díl 3 § 46 § 47 § 48 § 49 Díl 4 § 50 § 51 § 52 § 53 § 54 § 55 § 56 § 57 HLAVA IV Díl 1 § 58 Díl 2 § 59 § 60 § 61 § 62 § 63 § 64 Díl 3 § 65 § 65a HLAVA V Díl 1 § 66 § 67 Díl 2 § 68 § 69 § 70 § 71 § 72 § 73 Díl 3 § 74 § 75 § 76 § 77 § 78 § 79 § 80 § 81 § 82 § 83 § 84 § 85 § 86 § 87 § 88 § 89 § 90 Díl 4 § 91 § 92 § 93 § 93a § 94 § 95 § 96 § 97 § 98 HLAVA VI Díl 1 § 99 Díl 2 § 100 § 101 § 102 § 103 § 104 § 105 Díl 3 § 106 § 106a ČÁST TŘETÍ HLAVA I § 107 § 108 § 109 HLAVA II Díl 1 § 110 § 111 § 111a § 111b § 111c Díl 2 § 112 § 113 § 114 § 115 § 116 Díl 3 § 117 § 118 § 119 § 120 § 121 Díl 4 § 122 § 123 § 124 Díl 5 § 125 § 126 ČÁST ČTVRTÁ HLAVA I Díl 1 § 127 § 128 § 129 § 130 § 131 Díl 2 Oddíl 1 Pododdíl 1 § 132 Pododdíl 2 § 133 § 134 § 135 § 136 § 137 § 138 § 139 Pododdíl 3 § 140 § 141 Oddíl 2 Pododdíl 1 § 142 § 143 Pododdíl 2 § 144 § 145 § 146 § 147 § 149 Pododdíl 3 § 150 Oddíl 3 § 151 Díl 3 § 152 § 153 § 154 § 155 Díl 4 Oddíl 1 § 156 § 157 Oddíl 2 § 158 § 159 § 160 § 161 § 162 Oddíl 3 § 163 § 164 § 165 § 166 § 167 Oddíl 4 § 168 § 169 § 170 § 171 § 172 § 173 Oddíl 5 § 174 § 175 § 176 § 177 § 178 § 179 § 180 Díl 5 Oddíl 1 § 181 § 182 Oddíl 2 § 183 § 184 § 185 § 186 Oddíl 3 § 187 § 188 § 189 § 190 Díl 6 § 191 § 192 HLAVA II § 193 § 194 § 195 § 196 ČÁST PÁTÁ HLAVA I § 197 § 198 § 199 § 200 § 201 § 202 HLAVA II Díl 1 § 203 § 204 § 205 § 206 § 207 § 208 Díl 2 § 209 HLAVA III § 210 § 211 § 212 § 213 § 214 § 215 § 216 § 217 HLAVA IV § 218 § 219 § 220 ČÁST ŠESTÁ § 221 § 222 § 223 § 224 § 225 ČÁST SEDMÁ § 226 § 227 § 228 § 229 § 230 § 231 § 232 § 233 § 233a § 234 § 235 § 235a § 236 ČÁST OSMÁ § 237 § 238 § 239 § 240 § 241 § 242 § 243 § 244 § 245 § 246 § 247 § 248 ČÁST DEVÁTÁ HLAVA I § 249 § 250 § 251 § 252 § 253 § 254 § 254a § 254b § 254c § 254d § 254e § 254f § 254g § 254h § 255 § 256 § 257 § 258 § 259 § 260 § 261 § 262 § 263 HLAVA II Díl 1 § 264 § 265 § 266 § 267 § 268 § 269 § 270 § 271 § 272 § 273 § 274 § 275 § 276 § 277 § 278 Díl 2 § 279 § 280

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370

THE LAW

of 11 October 2017

on payment

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

GENERAL PROVISIONS

§ 1

Subject matter

This law implements the relevant provisions of the European Union( 1), as well as the directly applicable provisions of the European Union( 2) and provides for

(a) the activity of certain persons authorised to provide payment services and to issue electronic money, including those persons abroad;

(b) participation in payment systems and the establishment and operation of payment systems with irrevocable settlement;

(d) the rights and obligations of entrepreneurs who issue electronic money (hereinafter referred to as the publisher) and electronic money holders (hereinafter referred to as the holder),

(e) the rights and obligations of entrepreneurs who, via a website, compare the fees for services connected with a payment account applied by different providers (hereinafter referred to as the "comparator operator"),

(f) the use of a uniform designation of the services associated with the payment account;

(g) the procedure for changing the payment account;

(h) access to a payment account.

§ 2

Definition of certain terms

(1) For the purposes of this Act:

(a) payment transactions in respect of the transfer of funds to a payment account, the collection of funds from a payment account or the transfer of funds, if carried out under a payment service;

(b) the account used to conduct payment transactions by the payment account;

(d) the means of payment of the device or set of procedures agreed between the provider and the user that are related to the user person and by which the user gives the payment order;

(e) by debiting the transfer of funds from a payment account on which the payee's payment order is issued on the basis of the consent given by the payer to the payee, the payee's provider or his provider;

(f) payment of the transfer of funds from the payer's payment account to the payee's payment account on the basis of a payment order that the payer gives directly to its provider;

(g) by a standing order of the payer's payment order to carry out transfers of funds from the payer's payment account at predetermined dates or at regular intervals;

(h) the possibility of overdrafts of the explicit arrangements of the Contracting Parties for making funds available which exceed the current balance on the consumer's payment account;

(i) exceeding the actual availability of more funds than the balance on the payment account or the agreed overdraft option;

(j) a service connected with a payment account, a payment service or another service provided in connection with the opening or management of a payment account, including exceeding, the possibility of overdrafts, the issue of the instruments referred to in points 1 to 3 of paragraph 3 (c) and payment transactions carried out by those instruments;

(k) a service consisting of the issuing of a payment order for the transfer of funds from a payment account on behalf of the payer by a provider different from the provider who holds the payment account for the payer when the payment order is issued via the Internet;

(l) a payment account information service consisting of the communication of payment account information via the Internet by a provider different from the provider that holds the payment account.

(2) For the purposes of this Act:

(a) a Member State of the European Union or another Contracting State of the Agreement on the European Economic Area;

(b) by another Member State a Member State other than the Czech Republic;

(c) the home Member State of the Member State in which the registered office of the provider or the publisher is situated; where the provider or issuer has no registered office, the Member State in which its head office is situated;

(d) the host Member State is a Member State which is not the home Member State of the provider or the publisher and in which the provider or publisher has a branch, an authorised representative or otherwise provides services other than through a branch or an authorised representative;

(e) qualifying holdings in accordance with Article 4 (1) (36) of Regulation (EU) No 575 / 20133 of the European Parliament and of the Council);

(f) close interconnection of close links as referred to in Article 4 (1) (38) of Regulation (EU) No 575 / 2013 of the European Parliament and of the Council;

(g) Head

1. in the case of a legal person, a member of its statutory body or another person who otherwise actually manages its activities, in the case of a payment institution and a payment service provider of a small scale, also the person who actually manages their activities in the field of the provision of payment services, and in the case of an electronic money institution and a small scale electronic money issuer, the person who actually manages their activities in the field of the issuance of electronic money or the provision of payment services; where another legal person is a member of a statutory body, the lead person shall also be the natural person representing it in that body;

2. in the case of an operating natural person, the person who actually manages his business and, in the case of a small-scale payment service provider, the person who actually manages his activities in the field of payment services,

(h) branch

1. a commercial establishment or part thereof in a non-home Member State; all or parts of a business in that Member State are considered as one branch;

2. an establishment in the home Member State, if it is not established,

(i) the authorised representative who, under contract with the provider, acts in connection with a payment service contract or in the provision of payment services on behalf of the provider, or who, under contract with the issuer, acts in connection with the distribution or re-exchange of electronic money on behalf of the issuer; the authorised representative is not a member of the service provider's or publisher's statutory body,

(j) a group composed of:

1. persons as defined in Article 4, 5, 6 or 7 of Commission Delegated Regulation (EU) No 241 / 20144) which are interconnected in the manner referred to in Article 7, Article 10 (1) or Article 113 (6) of Regulation (EU) No 575 / 2013 of the European Parliament and of the Council;

2. controlling persons and persons controlled by them; or

3. persons whose statutory, management or supervisory body is mostly composed of the same persons as the statutory, management or supervisory body of another person referred to in point 2;

(k) the payment system shall have a system with uniform rules for the execution, settlement or settlement of payment transactions.

(3) For the purposes of this Act:

(a) by the payer of the user whose payment account is to be debited for the execution of a payment transaction or who makes available funds for the execution of a payment transaction;

(b) the recipient of the user whose payment account the funds are to be credited or made available under the payment order;

(c) the payment order instructs the provider by which the payer or payee requests the execution of the payment transaction;

(d) the value date at which the payment transaction is recorded for the purpose of calculating the interest on the funds in the payment account;

(e) the reference exchange rate, the exchange rate to be used as the basis for the conversion of currencies and originating from a publicly available source or made available by the provider;

(f) the reference interest rate, the interest rate to be used as the basis for calculating interest and which comes from a publicly available source;

(g) a unique identifier of the combination of letters, figures or symbols identified by the user or his account in the execution of payment transactions, as determined by the provider;

(h) a durable medium of data by any instrument which allows the user to store information intended for him personally so that it can be used for a reasonable period of time for the purpose of such information and which allows the reproduction of that information in unchanged form;

(i) the working day of the day on which the payer's or payee's provider performing the payment transaction normally carries out the activities necessary for the execution of that payment transaction; if not for the execution of a payment transaction, the non-Saturday, Sunday or holiday date;

(j) the operating time part of the working day on which the payer's or the payee's provider performing the payment transaction normally carries out the activities necessary for the execution of that payment transaction;

(k) person legally residing in a Member State

1. a citizen of a Member State and a member of his family;

2. an alien resident in the Czech Republic temporarily or permanently under the law governing the residence of foreigners in the Czech Republic,

3. an alien who has applied for international protection in the Czech Republic or who has been granted asylum or supplementary protection under the Act governing asylum,

4. an alien resident in the Czech Republic under the law governing the temporary protection of foreigners,

5. resident in the Czech Republic under the Act governing the residence of armed forces of other States in the Czech Republic;

6. a person enjoying privileges and immunities in the territory of the Czech Republic under international law; or

7. Person legally residing in the territory of another Member State,

(l) verification of the procedure enabling the provider to verify the identity of the user or the legitimate use of the means of payment or of the user's personal security features;

(m) the personal safety component of the component provided by the provider for verification;

(n) a sensitive payment indication which may be misused for fraudulent payment service activities, except for a unique identifier and the name of the payment account holder in the case of a payment account service provider,

(o) by credit, any form of funds temporarily provided.

(4) For the purposes of this Act:

(a) settlement

1. netting of cash receivables; or

2. the fulfilment of mutual cash debts by transfer of funds;

(b) a settlement order to a participant in a payment system with an irrevocability of settlement or a participant or a payment system operator with an irrevocability of settlement linked pursuant to Paragraph 116 on the basis of which settlement is to be effected in accordance with the rules of the payment system with an irrevocability of settlement ("system rules");

(c) the account holder who holds an account in which the settlement is made for participants in a payment system with irrevocability referred to in § 111 (1) (a) to (h) or (j);

(d) by the clearing institution, by setting off the reciprocal claims of the payment system participants with the irrevocability of the settlement referred to in points (a) to (h), (j) or (k) of Paragraph 111 (1);

(e) the operating day by system rules established by the periodic period during which the settlement finality payment system receives and implements settlement instructions and other operations related to such settlement.

§ 3

Payment service

(1) The payment service is:

(a) a service enabling cash to be entered into a payment account held by the provider;

(b) a service enabling cash to be collected from a payment account maintained by the provider;

1st payer,

2. the consignee; or

3. The payer via the payee,

where the provider does not provide the user with transferred funds as a loan;

(d) the execution of the transfer of funds from the payment account on which it gives the payment order

1st payer,

2. the consignee; or

3. The payer via the payee,

where the provider provides the user with the transferred funds as a loan;

(e) the issue and management of means of payment and, where the user is the recipient, the transmission of the payment order and the processing of payment transactions;

(f) the execution of a transfer of funds in which neither the payer nor the payee makes use of the payment account with the payer's provider (the money note);

(g) indirect payment order service;

(h) the payment account information service.

(2) The transfer of funds is also carried out in the case of non-cash trading in foreign currency, if not an activity which is an investment service under the Capital Market Act. For the purposes of this Act, cash-free trade in foreign currency means the purchase or sale of funds in Czech or foreign currency for money in another currency, provided that the funds are made available to the user or to the user without cash, with the exception of exchange of currencies pursuant to § 254a and the purchase for which the payer has given a payment order through the payee and where the funds are made available in cash.

(3) The payment service is not:

(a) the transport, collection, processing and delivery of banknotes and coins;

(b) exchange activities;

1. cheques, bills or travel cheques,

2. paper vouchers for goods or services,

3. postal vouchers under the Act governing postal services,

4. funds intended solely for the payment of goods or services on premises used by the issuer of the device or goods or services to a closely defined range of suppliers or for the payment of a closely defined range of goods or services;

5. the means by which an order may be given only for national payment and which are intended only for the payment of meals provided for under the law governing income tax as non-monetary benefits by the employer to workers for consumption at the workplace or in the framework of competitive catering provided through other bodies, provided that non-monetary benefits are provided under a contract between the supplier and the person who issued the funds;

6. the funds which may be ordered only for national payment and which are intended only for the payment of non-monetary benefits provided by the employer to the employee or his family member from the fund of cultural and social needs, from the social fund, from profits after tax or from expenditure which is not expenditure to achieve, secure and maintain income and in a form which, under the Law governing income tax, is exempt from tax if the non-monetary benefit is provided under a contract between the supplier and the person who has issued the funds;

7. means which can only be ordered for national payment and which are intended only for the payment of a benefit of assistance in material distress and of State social assistance,

(d) payment made

1. between providers or their authorised representatives for their own account;

2. within a business group without the participation or mediation of a person outside that business group,

3. within a payment or securities settlement system between participants in that system and providers or between participants in that system,

4. in securities management,

5. in the framework of the administration of foreign property under the law governing the exercise of the advocacy, the law governing the activities of notaries or the law governing the activities of judicial executors,

6. the person acting on behalf of the payer or the consignee when buying or selling goods or providing or drawing services, or the person who makes such purchase, sale, supply or drawing arrangements on behalf of the payer or the payee, in so far as the payment resulting from such purchase, sale, supply or drawing is concerned;

(e) payment made by an electronic communications service provider or operator under the Electronic Communications Act, if the amount of the payment corresponds to a maximum of 50 euro, the total amount of payments ordered by one end-user, made in one month, shall correspond to a maximum of 300 euro; and

1. payment is intended for payment for voice services or goods or services which are created and supplied in digital form, the use or consumption of which is limited to technical equipment and which do not include the use or consumption of physical goods or services; or

2. payment shall be made by means of an electronic communication device to pay for tickets or tickets or for charitable purposes;

(f) payment of cash

1. supplier of goods or services to the customer when paying for goods or services beyond that payment (cashback);

2. by means of an ATM by a person acting on behalf of the issuer of a payment instrument, unless that person provides other payment services,

(g) a service of technical service providers which support the provision of payment services without the funds which are the subject of payment being transferred to their possession, except for an indirect payment order service or a payment account information service.

§ 4

Electronic money

(1) Electronic money is the monetary value which:

(a) represents a claim against the person who issued it;

(b) it is kept electronically;

(d) is accepted by a person other than the person who issued it.

(2) Electronic money is not a monetary value which can only be used to make the payment referred to in § 3 (3) (c) (4) to (7) or § 3 (3) (e).

ČÁST DRUHÁ

PERSONS AUTHORISED TO PROVIDE PAYMENT SERVICES AND ISSUE ELECTRONIC MONEY

HLAVA I

BASIC PROVISIONS

§ 5

Authorisation to provide payment services

Only the following persons may provide payment services as a business:

(a) banks under the conditions laid down by law governing the activities of banks;

(b) foreign banks and foreign financial institutions under the conditions laid down by law governing the activities of banks;

(c) savings and credit cooperatives under the conditions laid down by the law governing the activities of savings and credit cooperatives;

(d) electronic money institutions under the conditions laid down by this law;

(e) foreign electronic money institutions under the conditions laid down by this law;

(f) issuers of small-scale electronic money under the conditions laid down by this law;

(g) payment institutions under the conditions laid down by this law;

(h) foreign payment institutions under the conditions laid down by this law;

(i) small-scale payment service providers under the conditions laid down by this law;

(j) the administrator of the payment account information under the conditions laid down by this law;

(k) foreign administrators of payment account information under the conditions laid down by this law;

(l) the holder of a postal licence, the postal licence of which expressly contains the service of delivery of the cash amount by postal voucher,

m) Czech National Bank under the conditions laid down by the Act governing the activities and status of Czech National Bank.

§ 6

Authorisation to issue electronic money

Only the following persons may issue electronic money as a business:

(a) banks under the conditions laid down by law governing the activities of banks;

(b) foreign banks and foreign financial institutions under the conditions laid down by law governing the activities of banks;

(c) savings and credit cooperatives under the conditions laid down by the law governing the activities of savings and credit cooperatives;

(d) electronic money institutions under the conditions laid down by this law;

(e) foreign electronic money institutions under the conditions laid down by this law;

(f) issuers of small-scale electronic money under the conditions laid down by this law;

g) Czech National Bank under the conditions laid down by the Act governing the activity and position of the Czech National Bank.

HLAVA II

PAYMENT INSTITUTIONS

Díl 1

Basic provisions

§ 7

A payment institution is a legal person who is entitled to provide payment services on the basis of an authorisation to operate a payment institution granted to it by the Czech National Bank.

§ 8

(1) A payment institution is entitled to:

(a) to provide payment services covered by an authorisation to operate a payment institution;

(b) carry out the activities related to the provision of payment services referred to in (a), including the provision of credit; and

(2) The granting of credit shall be an activity authorised under paragraph 1 (b) where:

(a) it is related to the provision of the payment service referred to in Article 3 (1) (d) or (e) and is covered by the authorisation to operate the payment institution;

(b) the capital of the payment institution is appropriate to the total amount of loans granted; and

(c) the credit is to be repaid within 1 year at the latest under a contract concluded between the payment institution and the credit institution; This does not apply if the loan is granted in the Czech Republic.

(3) A payment institution may not grant credit from the funds entrusted to it for the execution of a payment transaction.

Díl 2

Authorisation to operate a payment institution

Granting authorisation to operate a payment institution

§ 9

(1) The Czech National Bank grants authorisation for the operation of a payment institution to the applicant,

(a) which is a legal person;

(b) which has both its registered office and its registered office in the Czech Republic,

(d) for which an insurance contract is concluded or comparable collateral is provided in accordance with this law if the authorisation to operate a payment institution is to apply to an indirect payment order service or to a payment account information service;

(e) whose business plan, including the forecast budget for the first 3 financial years, is based on realistic economic calculations;

(f) whose factual, technical, staffing and organisational assumptions are appropriate for the proper and prudent provision of payment services;

(g) whose management and control system complies with the requirements laid down by this law;

(h) which ensures the protection of the funds entrusted to it by users for the execution of a payment transaction;

(i) where any business consisting of activities other than the provision of payment services does not pose a significant threat to the financial stability of the payment institution nor can it prevent the effective exercise of supervision of the activities of the payment institution;

(j) in which only persons who are credible and capable of ensuring the proper and prudent management of the payment institution have qualifying holdings;

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Regulation Information

Citation	Act No. 370 / 2017 Coll., on payment
Regulation Type	Law
Author	-
Collection	Code of Laws

Date of Promulgation	13.11.2017
Effective from	13.01.2018
Effective until	-
Status	Valid

Legal Areas: Banking, Money Taxes Finance Administration of state (national) property Administrative offences Administrative law State (official) control

The regulation text is for informational purposes only.