Act No. 480 / 2004 Coll.
Act on certain services of the Information Society and on amending certain laws (Act on certain services of the Information Society)
Valid
Law
Effective from 07.09.2004
480
THE LAW
of 29 July 2004
on certain information society services and amending certain laws (Law on certain information society services)
Parliament has decided on this law of the Czech Republic:
ON CERTAIN INFORMATION COMPANY SERVICES
Subject matter
This law implements the relevant provisions of the European Union1), building on the directly applicable European Union law governing the promotion of justice and transparency for business users of online brokering services (4) (hereinafter referred to as "the Regulation ') and governing the responsibilities and rights and obligations of persons providing information society services and disseminating commercial communications.
For the purposes of this Act:
(a) an information society service, any service provided by electronic means at the user's individual request by electronic means, normally provided for remuneration; the service is provided by electronic means when it is sent through an electronic communications network and collected by the user from an electronic data storage facility;
(b) by e-mail, a text, voice, sound or image message sent via a public electronic communications network which may be stored in the network or in the end-user's device until the user picks it up;
(c) by electronic means in particular the electronic communications network, electronic communication equipment, automatic call and communication systems, telecommunications terminal equipment and electronic mail;
(d) the service provider of any natural or legal person providing any of the information society services;
(e) by any natural or legal person using an information society service, in particular for the purpose of searching for or making available information;
(f) by commercial communication, any form of communication, including advertising and encouraging a visit to a website, intended for direct or indirect support of goods or services or the image of an undertaking of a person who is an entrepreneur) or carries out regulated activity (2).
(g) by the automatic temporary storage of information provided by the user solely for the purpose of carrying out the transmission via the electronic communications network, the storage period of the information does not exceed the normal time to ensure the transmission;
(h) by means of automatic temporary storage by storing information provided by the user solely for the most effective subsequent transmission of that information at the request of other users.
Liability of brokering service providers
Responsibility of the service provider for the content of the information transmitted
(1) The service provider, consisting of the transmission of information provided by the user through electronic communications networks or through the provision of access to electronic communications networks for the purpose of the transmission of information, is only responsible for the content of the information transmitted where:
(a) the transfer initiates itself;
(b) select the information transmitted to the user; or
(c) select or change the content of the information transmitted.
(2) The transmission of information and the mediation of access referred to in paragraph 1 also includes the automatic temporary storage of the information transmitted in the short term.
Responsibility of the service provider for the content of automatically temporarily interstored information
A service provider consisting of the transmission of information provided by the user shall be responsible for the content of the information automatically temporarily stored only if:
(a) amend the content of the information;
(b) fail to comply with the conditions for access to information;
(c) does not comply with the rules on updating information generally recognised and used in the relevant sector;
(d) exceed the permitted use of technology generally recognised and used in the relevant sector in order to obtain data on the use of information; or
(e) it shall not immediately take measures to remove or prohibit access to the information stored by it, as soon as it finds that the information has been removed at the point of origin of the transmission from the network or that access has been denied, or the court has ordered the withdrawal or refusal of access to that information.
Responsibility of the service provider for storing the content of information provided by the user
(1) The service provider which consists of storing the information provided by the user is responsible for the content of the information stored at the request of the user only
(a) could, in view of the subject matter of its activity and the circumstances and nature of the case, have known that the content of the information stored or the conduct of the user was unlawful; or
(b) if it has been established that the content of the information stored has been unlawful or unlawful and has not taken any action which may be required of the user without delay to eliminate or make such information inaccessible.
(2) The service provider referred to in paragraph 1 shall always be responsible for the content of the information stored where it exercises directly or indirectly a decisive influence on the activity of the user.
Service providers listed in Sections 3 to 5 shall not be obliged:
(a) supervise the content of information transmitted or stored by them;
(b) actively seek facts and circumstances indicating the unlawful content of the information.
Dissemination of commercial communications
(1) Commercial communications may be disseminated by electronic means only under the conditions laid down in this Law.
(2) Details of electronic contact may be used for the purpose of disseminating commercial communications by electronic means only in relation to users who have given their prior consent.
(3) Notwithstanding paragraph 2, where a natural or legal person obtains from his customer details of his electronic contact for e-mail in connection with the sale of a product or service in accordance with the requirements of the protection of personal data governed by specific legislation5) or the directly applicable European Union Regulation (6), that natural or legal person may use such details of electronic contact for the purpose of disseminating commercial communications relating to his own similar products or services provided that the customer has a clear and clear possibility of simply, free of charge or on behalf of that natural or legal person to refuse to make such use of his electronic contact even when sending each individual message, provided that he has not initially refused such use.
(4) The sending of electronic mail for the purpose of the dissemination of a commercial communication shall be prohibited where:
(a) this is not clearly and clearly identified as a commercial communication;
(b) hides or conceals the identity of the consignor on whose behalf the communication takes place; or
(c) it is sent without a valid address to which the addressee could directly and effectively send information that he does not wish to continue to receive the commercial information from the consignor.
Regulated activities
(1) Persons carrying out regulated activities may, using electronic means within the scope of activities which are the content of the regulated activity, disseminate commercial communications in accordance with Article 7 and in accordance with the relevant rules issued by trade, professional and consumer associations, in particular governing independence, dignity, professional honour and fair access to customers.
(2) Persons engaged in regulated activities which are not members of professional chambers established by law, in the dissemination of commercial communications using electronic means within the scope of activities which are the content of the regulated activity, shall comply with Section 7.
(3) The commercial communication of persons carrying out regulated activities shall include the name of the self-governing professional chamber established by the law with which the person carrying out the regulated activity is registered, a reference to the professional rules applied in the Member State of the European Union in which the person carrying out the regulated activity is established and a way of continuous public access to information on the relevant professional self-governing chamber established by the law of which the person carrying out the regulated activity is a member.
Internal market
(1) The provisions of this Act and of the specific legislation governing the conditions for commencing and carrying out the activity which is the subject of the service provided, in particular the legislation governing the establishment of a business authorisation, the requirements for professional competence, the content and quality requirements of the service provided and the responsibility of the service provider for the breach of those obligations shall apply to the service provider which provides services through an undertaking or organisational body located in the Czech Republic.
(2) A service provider established in another Member State of the European Union and providing that service in the territory of the Czech Republic shall not be subject to the legislation referred to in paragraph 1 unless otherwise provided for in that law or in a specific law.
(3) The provisions of paragraph 2 shall be without prejudice to the obligations of the service provider arising from specific public policy, public health, state security and consumer protection legislation.
(4) Before the court or other authority competent to ensure the fulfilment or enforcement of the obligations of the service provider arising from specific legislation on the protection of public policy, public health, national security and consumer protection takes the necessary measures, it shall inform the Commission of the European Communities (hereinafter referred to as "the Commission") and request the Member State of the European Union in which the service provider is established to take such measures as will result in the court no longer having to take action under this paragraph.
(5) If, in urgent cases, the court deviates from paragraph 4, it shall, without undue delay, provide the Commission and the Member State of the European Union in which the service provider is established with information on that matter.
Supervision of compliance
(1) The authority responsible for the supervision of compliance with this law, hereinafter referred to as the "supervisory authority", is:
(a) for the dissemination of commercial communications pursuant to Section 7 of the Office for the Protection of Personal Data,
(b) for obligations arising out of Paragraph 8 (3), the competent self-governing professional chamber established by the law.
(2) The supervisory authority acts as a contact point for the Member States of the European Union and the Commission.
(3) Contact point for Member States of the European Union and the Commission
(a) provide general information on contractual rights and obligations as well as on complaints and appeals procedures in the event of disputes, including practical aspects of the use of such procedures;
(b) provide data on authorities, associations or bodies from which further information or practical assistance may be obtained.
(4) When exercising supervision, the supervisory authorities referred to in paragraph 1 (b) shall comply with specific legislation. 7)
Supervision of compliance
Supervision of compliance with the obligations laid down in the regulation is carried out by the Czech Telecommunications Authority.
Notice of infringement
(1) In the event of a minor breach of an obligation by a provider of online brokering services or an Internet search engine, the Czech Telecommunications Authority will always alert that provider to an infringement of the regulation and call it to remedy it within a reasonable period of time of the breach which shall not be less than 15 days from the date of receipt of the alert.
(2) If the provider of online brokering services or the provider of an Internet search engine that has been alerted to an infringement of the Regulation has acted within the prescribed time limit, it shall, without undue delay, notify the Czech Telecommunications Authority in writing of this fact and of the method of redress.
(3) After the deadline for rectification referred to in paragraph 1 has expired, the Czech Telecommunications Office shall initiate infringement proceedings.
Transfers
(1) A natural person commits an offence by spreading commercial communications by electronic means without the consent of the addressee.
(2) A natural person, legal or business, commits an offence by:
(a) disseminate commercial communications by mass or repeatedly by electronic means;
1. without the consent of the addressee,
2. not marked clearly and clearly as a commercial communication;
3. hiding or concealing the identity of the consignor on whose behalf the communication took place;
4. not containing a valid address to which the addressee could send a request for termination of such communication; or
5. without giving the customer the opportunity to make clear, clearly, in a simple way, free of charge or to refuse consent to the use of his electronic contact when sending each individual message,
(b) carry out a regulated activity and its commercial communication does not include the name of the self-governing professional chamber established by the law with which it is registered;
(c) carry out a regulated activity and its commercial communication does not contain a reference to the professional rules applicable in the Member State of the European Union in which it is established; or
(d) carry out a regulated activity and its commercial communication does not contain a means of continuous public access to information on the relevant professional self-governing chamber established by the law of which it is a member.
(3) A legal or business natural person, as a provider of online brokering services, commits an offence by:
(a) shall not ensure that the conditions comply with the requirements laid down in Article 3 (1) of the Regulation;
(b) in breach of Article 3 (2) of the Regulation, shall not notify business users of changes to their conditions on a durable medium or make proposed amendments before the deadline for their notification expires;
(c) does not ensure a clear visibility of the identity of the business user providing goods and services through the online brokering service referred to in Article 3 (5) of the Regulation;
(d) restrict, suspend or terminate the provision of online brokering services in breach of Article 4 of the Regulation;
(e) it does not specify in its terms the main parameters determining the order and the reasons for the relative importance of these main parameters as compared to the other parameters referred to in Article 5 (1) of the Regulation;
(f) in contravention of Article 6 of the Regulation, does not indicate in its terms a description of the type of ancillary goods and services offered, including financial products, or a description of whether and under what circumstances a business user may offer his own ancillary goods and services through an online brokering service;
(g) in breach of Article 7 (1) of the Regulation, does not indicate in its terms a description of the different treatment which it applies or may apply in relation to goods and services offered to consumers by the online intermediary service either by that provider itself or by business users or by other business users,
(h) shall not ensure that the conditions comply with Article 8 of the Regulation;
(i) in breach of Article 9 (1), does not indicate, in its terms and conditions, a description of the technical and contractual access of business users to personal or other data provided by business users or consumers for the purpose of using or generated by online brokering services in the provision of that service or does not indicate that technical and contractual access does not exist;
(j) fails to comply with the information requirement laid down in Article 9 (2) of the Regulation;
(k) in contravention of Article 10 of the Regulation, it shall not state in its terms the reasons on which the possibility for business users to offer the same goods and services to consumers, under different conditions, by means other than through its services, or ensure that they are not easily accessible to the public;
(l) not establish an internal system for handling complaints from business users pursuant to Article 11 (1) of the Regulation;
(m) do not consider or settle a complaint or report the result of the complaint as referred to in Article 11 (2) of the Regulation;
(n) does not provide in its terms and conditions any information on access to its internal complaint settlement system or its functioning pursuant to Article 11 (3) of the Regulation;
(o) does not, contrary to Article 11 (4) of the Regulation, compile information on the functioning and effectiveness of its internal complaint handling system, ensure easy access to it, verify it at least once a year or update it in the event of a significant change;
(p) does not indicate in its terms the mediators referred to in Article 12 of the Regulation; or
(q) contrary to Article 12 (6) of the Regulation, it shall not disclose to the business user information on the functioning and effectiveness of mediation concerning its activities.
(4) A legal or business natural person, as a provider of an Internet search engine, commits an offence by:
(a) in contravention of Article 5 (2) of the Regulation, does not establish the main parameters and their relative importance, does not provide an easily and publicly accessible description of those parameters in a clear and understandable language or does not keep up-to-date that description in its Internet search engine;
(b) does not allow users of company websites to become familiar with the content of the notification referred to in Article 5 (4) of the Regulation; or
(c) in contravention of Article 7 (2) of the Regulation, it shall not indicate a description of the different treatment which it applies or may apply in relation to goods and services offered to consumers via an Internet search engine either by that provider himself or by it by users of the company website or by other users of the company website.
(5) A penalty may be imposed in respect of an offence:
(a) 100 000 CZK if the offence referred to in paragraph 1 is committed,
(b) 1 000 000 CZK if the offence referred to in paragraph 2 (b), (c) or (d) is committed; or
(c) 10 000 000 CZK if it is an offence referred to in paragraph 2 (a) or 3 or 4.
(6) An administrative penalty may be imposed for the offence referred to in paragraph 3 or 4, together with the fine, on the publication of the infringement decision.
The information society service provider whose commercial interests are damaged by the breach of obligations under § 7 is entitled to seek judicial protection on behalf of its customers whose rights have been damaged by this conduct. This is without prejudice to the right of the customer to claim his or her claims in court alone.
(1) Article 11 (1) and (2) transfers shall be dealt with by the supervisory authority and infringements referred to in Article 11 (3) and (4).
(2) The fines are collected by the authority which imposed them. The revenue from fines, including recovered fines, is the revenue from the budget from which the activity of the authority which imposed the fine is covered. The revenue from fines imposed by the supervisory authority referred to in Article 10 (1) (b) shall be treated as public budget9 for the purposes of managing their payments.
(3) Fines for misconduct pursuant to § 11 (3) and (4) are enforced by the Czech Telecommunications Authority.
Common provisions
Save as otherwise provided in this law, the administrative rules shall apply to proceedings in matters governed by this law. 10)
Amendment to the Advertising Regulation Act
Act No. 40 / 1995 Coll., on the regulation of advertising and amending and supplementing Act No. 468 / 1991 Coll., on the Operation of Radio and Television Broadcasting, as amended, as amended, Act No. 258 / 2000 Coll., Act No. 231 / 2001 Coll., Act No. 256 / 2001 Coll., Act No. 138 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 132 / 2003 Coll., Act No. 217 / 2004 Coll. and Act No. 326 / 2004 Coll., is amended as follows:
1. in Paragraph 2 (1) (e), including footnote 5a, the following shall be added:
"(e) the dissemination of unsolicited advertising where it leads to expenditure incurred by the addressee or where it harasses the addressee; (a) the dissemination of advertising by electronic means and its restriction is subject to specific legislation; (5a) the advertising which harasses the person concerned shall be considered to be advertising on condition that the addressee has made it clear in advance that he does not wish to be disseminated to him unsolicited advertising.
(5a) § 7 of Act No. 480 / 2004 Coll., on certain services of the information society and on the amendment of certain laws (Act on certain services of the information society). '
2. In Article 7 (d), the words "with the exception of unsolicited advertising distributed by electronic means 32a) in accordance with the specific legislation (5a) 'are inserted after the words" in other cases'.
Footnote 32a) reads as follows:
"32a) § 2 (c) of Act No. 480 / 2004 Coll., on certain services of the information society and on the amendment of certain laws (Act on certain services of the information society). '.
EFFECTIVE
This Act shall take effect on the day of its publication.
Zaoralek v. r.
Klaus v. r.
Gross v. r.
1) Directive 2000 / 31 / EC of the European Parliament and of the Council of 8 June 2000 on certain aspects of information society services, in particular electronic commerce within the internal market. Directive 2002 / 58 / EC of the European Parliament and of the Council of 12 July 2002 on the processing of personal data and the protection of privacy in the electronic communications sector.
2) Paragraph 3 (f) and (g) of Act No. 18 / 2004 Coll., on the recognition of professional qualifications and other competence of nationals of Member States of the European Union and amending certain laws (Act on the Recognition of Professional Qualifications).
3) Sections 420 and 421 of Act No. 89 / 2012 Coll., Civil Code, as amended.
(4) Regulation (EU) 2019 / 1150 of the European Parliament and of the Council of 20 June 2019 on the promotion of justice and transparency for business users of online brokering services.
5) Act No. 110 / 2019 Coll., on the processing of personal data.
(6) Regulation (EU) 2016 / 679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95 / 46 / EC (General Data Protection Regulation).
7) For example Act No. 254 / 2000 Coll., on Auditors, as amended, Act No. 523 / 1992 Coll., on Tax Advice and the Chamber of Tax Advisers of the Czech Republic, as amended, Act No. 220 / 1991 Coll., on the Czech Medical Chamber, Czech Dental Chamber and the Czech Pharmacy Chamber, Act No. 85 / 1996 Coll., on Advocacy, as amended.
9) Paragraph 2 (2) of Act No. 280 / 2009 Coll., Tax Code.
10) Act No. 500 / 2004 Coll., Administrative Regulations, as amended.
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Regulation Information
| Citation | Act No. 480 / 2004 Coll., on certain services of the Information Society and on the amendment of certain laws (Act on certain services of the Information Society) |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 07.09.2004 |
|---|---|
| Effective from | 07.09.2004 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Taxes
Finance
Information, Data, Data
Civil law
Civil law substantive
Commercial law
Advertising, Marketing, Promotion
Administrative offences
Administrative law
State (official) control
Telecommunications, Communications, Mail
Constitutional (state) law
Science and research
Fundamental human rights
Health
The regulation text is for informational purposes only.
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