Act No. 457 / 2022 Coll.
Act amending Act No. 300 / 2008 Coll., on Electronic Acts and Authorised Conversion of Documents, as amended, and other related laws
Valid
Law
Effective from 01.01.2023
457
THE LAW
of 14 December 2022
amending Act No. 300 / 2008 Coll., on Electronic Operations and Authorised Conversion of Documents, as amended, and other related laws
Parliament has decided on this law of the Czech Republic:
Amendment of the Act on Electronic Acts and Authorised Conversion of Documents
Act No. 300 / 2008 Coll., on electronic acts and authorized conversion of documents, as amended by Act No. 190 / 2009 Coll., Act No. 219 / 2009 Coll., Act No. 227 / 2009 Coll., Act No. 263 / 2011 Coll., Act No. 167 / 2012 Coll., Act No. 503 / 2012 Coll., Act No. 192 / 2016 Coll., Act No. 298 / 2016 Coll., Act No. 299 / 2016 Coll., Act No. 183 / 2017 Coll., Act No. 255 / 2019 Coll., Act No. 279 / 2019 Coll., Act No. 12 / 2020 Coll., Act No. 261 / 2021 Coll., and Act No. 284 / 2021 Coll., is amended as follows:
1. Paragraph 3, including the title, reads:
Personal data box
(1) The data box of a natural person shall be set up by the Ministry 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 Ministry 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 Ministry shall inform him that the data box of a natural person cannot be established. ';
2. Paragraph 9 (3) reads as follows:
"(3) The registration referred to in paragraph 1 shall be ensured by the Ministry by means of access data or electronic means issued by it or by means of access by means of an electronic identification device issued under a qualified electronic identification system (hereinafter referred to as" access by a qualified device '). The formalities for access data and electronic means of registration and their formalities shall be laid down by the Ministry by a decree. The provisions on access data shall apply mutatis mutandis to electronic means in accordance with the first sentence.';
3. Paragraph 10 (1) and (2) reads as follows:
"(1) The Ministry shall send exclusively to the addressee the access data to the data box to the person referred to in § 8 (1) to (4), without delay after the establishment of the data box. In the case of a data box established on the basis of a request made in accordance with § 27 (4), the Ministry 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 Ministry shall inform the person referred to in Section 8 (1) or (2) of the establishment of the data box via the public administration information system to whom it has submitted an application for the establishment of the data box. ';
4. Paragraph 11 (5) reads as follows:
"(5) The Ministry shall not access the data box of a natural person, an undertaking natural person, a legal person or a public authority, also at the request of the person or public authority to whom the data box has been established, or an administrator, if the data box is established at the request of the Ministry. ';
5. Article 15, including the title, reads:
Use of data from public administration information systems and synergies
(1) The Chamber of Auditors of the Czech Republic shall immediately inform the Ministry 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 the 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 Ministry of Justice of the entry 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 court translator in the list of judicial interpreters and of the removal of that person from the list of experts or from the list of judicial interpreters necessary for the establishment of the data box and its amendments and the removal of that person from the list of experts or the list of judicial interpreters. "
6. In Article 15, paragraphs 3 to 5 are added:
"(3) The Czech Chamber of Architects shall immediately inform the Ministry of the inclusion of the authorized architect in the list of authorized architects, the data kept on the list of authorized architects necessary for the establishment of the data box and its changes and the removal of that person from the list of authorised architects.
(4) The Czech Chamber of Authorised Engineers and Engineers working in the construction sector shall inform the Ministry without delay 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, of the data contained in the list of authorised engineers or of the list of authorised technicians necessary for the establishment of the data box and its amendments and of the removal of that person from the list of authorised engineers or from the list of authorised technicians.
(5) The Czech Authority shall inform the Ministry of Justice without delay of the entry of an officially authorised surveyor in the list of natural persons with official authority, of the data kept on the list of natural persons with the official authority 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 authority. "
7. § 27 reads:
(1) Applications and notifications under this Act may also be made via a public authority contact point.
(2) A request pursuant to Article 11 (5) or (7) and a notification pursuant to Article 12 (1) may also be made by a person referred to in Article 8 (1) and (2) using a qualified means of access. The application referred to in Article 11 (5) may also be made by the person referred to in Article 8 (1) and (2) in a simple way through the data box information system.
(3) An official certified signature of the application pursuant to Articles 3 (4), 4 (5) and 5 (5) is not required if the application is signed before a State employee registered in the Ministry or an employee registered in a public administration contact point.
(4) The official certified signature of the application pursuant to Articles 3 (4) and 4 (5) shall not be required if the application is made by a natural person or by an undertaking natural person for whom the data box of the natural person or the data box of the undertaking natural person is to be established, using a qualified means of access.
(5) The official certified signature of the application referred to in Article 3 (4) shall not be required if the application is submitted by the natural person for whom the data box of the natural person is to be established, using the verification of its identity in a manner which allows it to be entered in the data box in which it has access as the authorised person and the data kept for the natural person in the population base register.
(6) Where a data box is established in accordance with Article 4 (1) or Article 5 (1), or where applications or notifications linked to the issue of access data are submitted by means of a public administration contact point, access data may be obtained at the contact point of the public administration after verification of identity at the time of waiting. ';
Amendment of the law amending certain laws in connection with further electronic procedures of public authorities
Act 261 / 2021 Coll., amending certain laws in connection with further electronic procedures of public authorities, as amended by Act 270 / 2021 Coll. and Act 89 / 2022 Coll., is amended as follows:
1. in Article CXLII, points 2, 10 to 13, 15, 27 and 38 to 41 are deleted;
2. in Article CXLIII, point 2 is deleted;
Amendment of a law amending certain laws in connection with the adoption of a building law
In Article LXXIII of Act No 284 / 2021 Coll., amending certain laws in connection with the adoption of the Construction Act, point 2 is deleted.
EFFECTIVE
This Act shall take effect on 1 January 2023, with the exception of Article I (6), which shall take effect on 1 July 2023.
Pekarová Adamová v. r.
Zeman v. r.
Fiala v. r.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 457 / 2022 Coll., amending Act No. 300 / 2008 Coll., on Electronic Operations and Authorised Conversion of Documents, as amended, and other related laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 28.12.2022 |
|---|---|
| Effective from | 01.01.2023 |
| Effective until | - |
| Status | Valid |
Parliamentary Paper:
Paper No. 333
The regulation text is for informational purposes only.
Comments 0