Act No. 49 / 2020 Coll.
Act amending Act No. 21 / 1992 Coll., on Banks, as amended, and Act No. 253 / 2008 Coll., on certain measures against the legalisation of proceeds from crime and terrorist financing, as amended, and certain other laws
Valid
Law
Effective from 01.01.2021
49
THE LAW
of 6 February 2020
amending Act No. 21 / 1992 Coll., on Banks, as amended, and Act No. 253 / 2008 Coll., on certain measures against the legalisation of proceeds from crime and terrorist financing, as amended, and certain other laws
Parliament has decided on this law of the Czech Republic:
Amendment to the Banking Act
Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100 / 2011, Act No. 100, Act No. 100 / 2011, Act No. 100, Act No. 100, Act No. 100, Act No. 100, Act No. 2011, Act No. 2011, Act No. 2011, No. 2011, No. 2011, No 2011, No. 2011, No. 100, No. 2011, No. 2011, No. 2011, No. 2011, No. 2011, No. 2011, No. 2011, No. 2011, No. 2011, No. 2011, No. 2011, No. 2011, No.
1. Paragraph 1 (4), including footnote 35, reads:
"(4) The Bank may not engage in business activities other than those authorised in the licence; This shall not apply to activities carried out for another where they relate to the provision of its operations and the operation of other banks controlled by it, savings and credit cooperatives, securities dealers, insurance undertakings, reinsurance undertakings, financial institutions and ancillary services undertakings. The Bank may continue to exercise:
(a) the scope of the public administration contact point, if it holds an authorisation under a special law;
(b) the activity of an accredited person under the law governing the activity of an accredited person on the financial market, if it is an accredited person under that law; and
(c) business activity consisting of the provision of electronic identification, authentication and trust services as defined directly by the applicable European Union electronic identification regulation and trust services for electronic transactions on the internal market35, as well as related services, in particular the provision or validation of client personal client identification data, client information related to its personal identification data, client banking information and the creation and preservation of electronic documents (hereinafter referred to as "identification services"), if required by law; information obtained and processed when providing identification services is subject to the provisions on banking secrecy (§ 38).
35) Regulation (EU) No 910 / 2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999 / 93 / EC. '
2. In Article 1, the following paragraph 7 is inserted after paragraph 6:
"(7) The branch of a foreign bank may continue to carry out the activities referred to in paragraph 4 (c) under the same conditions as the bank, unless this is contrary to the right granted to the foreign bank under the legal order of the country of its registered office. ';
Paragraphs 7 and 8 shall be renumbered paragraphs 8 and 9.
3. The following Sections 38aa to 38af are inserted after Section 38a, including footnotes 36 to 38:
(1) A bank or branch of a foreign bank is entitled to offer, supply or mediate identification services and to conclude contracts for them on behalf of and on behalf of an identification service provider.
(2) A provider of identification services in this Act means a person who is not a bank, is entitled to provide identification services under another legislation and in which only banks or branches of foreign banks have a stake; those banks or branches of foreign banks are required to ensure that the provider of the identification services keeps the information obtained secret and protects it from misuse.
(1) The Bank, a branch of a foreign bank or an identification service provider shall be entitled, in the framework of the provision of identification services pursuant to Article 1 (4) (c), to allow the use of an electronic identification device (36) outside the framework of a qualified electronic identification system enabling the provision of a national identification and authentication point services under the Electronic Identification Act (hereinafter referred to as the "Qualified System") only if that electronic identification device is issued and is also allowed to be used under the Qualified System.
(2) A bank, a branch of a foreign bank or an identification service provider shall not be obliged to allow the use of an electronic identification device referred to in paragraph 1 under a qualified system where:
(a) there shall be an amendment to a law or amendment on the basis of a legal act which substantially endangers the performance of the obligation of a bank or branch of a foreign bank to exercise its activities prudently, in particular the obligation to manage risks, in connection with the use of that device within a qualified system; and
(b) a bank, a branch of a foreign bank or an identification service provider may not be reasonably required to allow it to be used within a qualified system.
(3) Where a bank, a branch of a foreign bank or an identification service provider ceases to use the electronic identification device referred to in paragraph 1 under a qualified system in accordance with paragraph 2,
(a) notify without undue delay to the administrator of the national identification and authentication point under the Electronic Identification Act (hereinafter referred to as the "National Point Administrator"), the Ministry of the Interior and the Czech National Bank, if they are subject to its supervision; the notification shall include the justification thereof,
(b) they are not required under Article 16 (1) (a) of the Electronic Identification Act and cannot be prosecuted for an offence or withdrawn from accreditation under the Electronic Identification Act for non-compliance; failure to comply with this obligation shall not be considered as termination of the activity of a qualified AIFM under the Electronic Identification Act; and
(c) they shall make every effort that may be reasonably required of them to restore the possibility of using the electronic identification device referred to in paragraph 1 within a qualified system.
(4) If the circumstances referred to in paragraph 2 cease to exist, the bank, the branch of a foreign bank or the identification service provider shall notify the administrator of the national point, the Ministry of the Interior and the Czech National Bank without undue delay, if they are subject to its supervision.
(1) The means of electronic identification referred to in Article 38ab (1) may also be used for the purpose of demonstrating the identity required by law or enforcement outside the framework of a qualified system where:
(a) complies with the technical specifications, standards and procedures at least for the level of the guarantee significant established by the directly applicable European Union regulation governing the minimum technical specifications, standards and procedures for the level of guarantee of electronic identification37); and
(b) the bank, branch of the foreign bank or the provider of the identification services that issued the electronic identification device has been identified by a natural person who is a client or by a natural person acting as a client, if the client is a legal person or trust fund, or by any other legal arrangement without a legal personality, in accordance with the procedure laid down in the law governing certain measures against the legalisation of proceeds from crime and terrorist financing
1. in the physical presence of the identified;
2. using an electronic identification device which complies with the technical specifications, standards and procedures for the high level of guarantee laid down by a directly applicable European Union regulation governing the minimum technical specifications, standards and procedures for the level of guarantee of electronic identification37) and which is issued and used in the framework of a qualified system or another electronic identification system notified under the directly applicable European Union electronic identification35); or
3. using the electronic identification device referred to in Section 38ab (1) which complies with the technical specifications, standards and procedures referred to in point (a), provided that the identity identified through the national identification and authentication point or in the public administration information system has been verified and the bank, foreign bank branch or identification service provider has at their disposal an indication of who made the identification referred to in point 1 or 2.
(2) The condition referred to in paragraph 1 (b) (1) shall also be met where the identification of the natural person who is a client or of the natural person acting as a client
(a) in accordance with the procedure laid down in the law governing certain measures against the legalisation of proceeds from crime and terrorist financing in the physical presence identified:
1. a person acting as a bank or branch of a foreign bank or an identification service provider and bound by their internal rules and a bank, a branch of a foreign bank or an identification service provider shall be liable for damage caused by the activities of that person in the identification of certain measures against the legalisation of proceeds from crime and terrorist financing;
2. a credit institution pursuant to Article 2 (1) (a) of the Act governing certain measures against the legalisation of proceeds from crime and terrorist financing where it belongs to the same group within the meaning of the Financial Conglomerates Act as a bank, a branch of a foreign bank or an identification service provider; or
3. a person acting on behalf of a credit institution as referred to in point 2 and bound by its internal rules and the competent credit institution as referred to in point 2 shall be liable for the damage caused by that person's activities in the identification of certain measures against the legalisation of the proceeds of crime and terrorist financing; and
(b) the information obtained in identifying a client within the meaning of the law governing certain measures against the legalisation of proceeds from crime and terrorist financing, including copies of the relevant documents, if any, shall be deposited with the bank, the branch of the foreign bank or the provider of the identification services before the bank, the branch of the foreign bank or the provider of the identification services issue the appropriate means of electronic identification.
(3) Electronic identification by means of an electronic identification device complying with the requirements laid down in paragraph 1 issued by a bank or branch of a foreign bank may be carried out only on:
(a) a bank or branch of a foreign bank which has issued the instrument; or
(b) an identification service provider where the identity of the identification service provider is confirmed by the bank or branch of the foreign bank which issued the means.
(1) Access to the public administration information system or electronic application using an electronic identification device complying with the requirements of Section 38ac (1) shall be considered as an access with a guaranteed identity under the Public Administration Information Systems Act.
(2) The State authority and the authority of the local authority are authorised to use an electronic identification device issued by a bank, a branch of a foreign bank or an identification service provider for the purpose of demonstrating the identity required by law or enforcement only through a qualified system.
(3) The administrator of a national point will provide a national identification and authentication point service using a qualified system, the qualified administrator of which under the Electronic Identification Act is a bank, a branch of a foreign bank or a provider of identification services, only to a qualified provider under the Electronic Identification Act, which is a state body or body of a local authority.
(1) A bank, a branch of a foreign bank or an identification service provider is entitled to establish and manage an information system allowing the bank, a branch of a foreign bank or an identification service provider to use data held in the public administration information system, including data held in the basic register (hereinafter referred to as the "data use system").
(2) The data-use system must meet the conditions for implementing links between public administration information systems through a reference interface under the Public Administration Information System Act.
(3) The data-use system must allow for a remote and continuous evaluation of the data-provision and use records for the purposes of data-protection records under a specific legislature38).
(4) The Ministry of the Interior shall check that the data-use system complies with the conditions set out in paragraph 2. If the Ministry of the Interior finds that the data-use system does not comply with the conditions set out in paragraph 2, it shall invite the bank, the branch of a foreign bank or the provider of identification services to remedy it within the time limit set by it. This period shall not exceed 6 months.
(5) The Ministry of the Interior may, in the event that the data-use system endangers the reference interface under the Public Administration Information Systems Act, prevent the use of data through that system until recovery is completed.
(6) The provisions of the basic registry law governing natural persons and legal persons identifiers and the code of the agenda, with the exception of the rule on the identification of a natural person on a single agenda by a single agent identifier, shall apply mutatis mutandis to a bank, a branch of a foreign bank or an identification service provider. The agent identifier of the natural person clearly assigned to the alert on the natural person in the data-use system shall also be derived from the identifier of the private-law data user in accordance with the law on basic registers allocated to the bank, the branch of a foreign bank or the provider of identification services.
(7) The provisions of the Law on basic registers governing the registration of a public authority for the execution of an agenda shall apply mutatis mutandis to a bank, branch of a foreign bank or identification service provider.
(1) The Bank, a branch of a foreign bank or a provider of identification services are entitled to use data to fulfil their obligations under the legislation.
(a) from the population base register;
(b) from the population registration information system;
(c) from the information system of foreigners,
(d) from the information system for the registration of civil certificates; and
(e) the travel document registration information system.
(2) The data used under paragraph 1 (a) are:
(a) the name and, where appropriate, the name and surname;
(b) the address of the place of stay;
(c) the date, place and district of birth and the date, place and state of birth of the data subject who was born abroad;
(d) the date of death; if the court's decision on the declaration of death is given, the date indicated in the decision as the date of death or the date which the data subject declared dead did not survive;
(e) citizenship; and
(f) the numbers and types of electronically readable identification documents.
(3) The data used under paragraph 1 (b) are:
(a) the name and / or the names, surnames and surnames,
(b) the date of birth;
(c) sex;
(d) the place and district of birth and the place and state of birth of the data subject who was born abroad;
(e) birth number,
(f) citizenship;
(g) the address of the place of permanent residence;
(h) the date of the acquisition of legal power of the decision of the court to approve the contract of assistance or representation of a member of the household, including the reference number of the court which approved the contract or representation, the date of the acquisition of legal power of the decision of the court of limitation of incapacity, including the reference of the court which has decided to restrict incapacity, the name and, where applicable, the names, surnames and surnames of the guardian, the date of acquisition of legal authority of the decision of the court of revocation of limitation of incapacity, the date of appeal of the party to the court and the date of termination of the representation of the representative of the member of the household;
(i) the date of death; and
(j) the date indicated in the court's decision on the death declaration as the day of death or the date on which the data subject declared dead did not survive.
(4) The data used under paragraph 1 (c) shall be:
(a) the name and / or the names, surnames and surnames,
(b) the date of birth;
(c) sex;
(d) the place and state or district of birth;
(e) birth number,
(f) citizenship and, where appropriate, multiple citizenship,
(g) the address of the place of stay;
(h) the date on which the decision of the court to restrict jurisdiction, including the number of the case and the court's designation, which has decided to restrict jurisdiction;
(i) the date of death; and
(j) the date indicated in the court's decision on the death declaration as the day of death or the date on which the data subject declared dead did not survive.
(5) The data used under paragraph 1 (d) are:
(a) the identity card number,
(b) the date of issue of the identity card;
(c) an indication of the office which issued the identity card; and
(d) the expiry date of the identity card.
(6) The data used under paragraph 1 (e) are:
(a) the number and type of travel document;
(b) the date of issue of the travel document;
(c) the expiry date of the travel document; and
(d) an indication of the authority which issued the travel document.
(7) Data kept as reference data in the population base register shall be used from the population information system, the alien information system, the civil ID information system or the travel document registration information system only if they are in the form preceding the current situation.
(8) From the data referred to in paragraphs 2 to 6, only such data as are necessary in the case in question may be used in a particular case.
(9) The use of the data referred to in paragraph 1 shall be without prejudice to the authorisation of a bank, a branch of a foreign bank or an identification service provider to use data from public administration information systems on the basis of the client's consent under specific legislation.
36) Article 3 (2) of Regulation (EU) No 910 / 2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999 / 93 / EC.
37) Commission Implementing Regulation (EU) 2015 / 1502 of 8 September 2015 laying down the minimum technical specifications and procedures for the level of guarantee of electronic identification devices pursuant to Article 8 (3) of Regulation (EU) No 910 / 2014 of the European Parliament and of the Council on electronic identification and trust services for electronic transactions in the internal market.
38) For example, Act No. 64 / 1986 Coll., on the Czech Trade Inspection, as amended, Act No. 153 / 1994 Coll., on the Intelligence Services of the Czech Republic, as amended, Act No. 154 / 1994 Coll., on the Security Information Service, as amended, Act No. 289 / 2005 Coll., on Military Intelligence, as amended, Act No. 412 / 2005 Coll., on the Protection of Classified Information and on Security Eligibility, as amended, Act No. 17 / 2012 Coll., on the Customs Administration of the Czech Republic, as amended, Act No. 341 / 2011 Coll. '
Amendment of the Act on certain measures against the legalisation of proceeds from crime and terrorist financing
Under Article 8 of Act No. 253 / 2008 Coll., on certain measures against the legalisation of proceeds from crime and terrorist financing, as amended by Act No. 227 / 2009 Coll., Act No. 281 / 2009 Coll., Act No. 285 / 2009 Coll., Act No. 199 / 2010 Coll., Act No. 139 / 2011 Coll., Act No. 420 / 2011 Coll., Act No. 428 / 2011 Coll., Act No. 457 / 2011 Coll., Act No. 183 / 2017 Coll., Act No. 18 / 2012 Coll., Act No. 166 / 2012 Coll., Act No. 399 / 2012 Coll., Act No. 241 / 2013 Coll., Act No. 243 / 2013 Coll., Act No. 257 / 2014 Coll., Act No. 166 / 2015 Coll., Act No. 377 / 2015 Coll., Act No. 40 Coll.
Use of electronic identification device in client identification
(1) The mandatory person may replace the procedure laid down in Articles 8 (1) and 8 (2) (a) by carrying out the identification of the natural person who is a client or by acting as a client by means of an electronic identification device which satisfies:
(a) the technical specifications, standards and procedures for a high level of guarantee laid down in a directly applicable European Union regulation governing minimum technical specifications, standards and procedures for the levels of guarantee of electronic identification devices (40) and which is issued and used within a qualified system under the Electronic Identification Act; or
(b) the conditions under which an electronic identification device may be used for the purpose of demonstrating the identity required by law or enforcement, outside the framework of a qualified system under the law governing the activities of banks.
(2) A mandatory person who makes an identification in accordance with the procedure referred to in paragraph 1 (b) shall, for a period of 10 years after the transaction has taken place outside a business relationship or the termination of a business relationship with a client, be provided with an indication of who made the identification in accordance with § 38ac (1) (b) (1) or (2) or § 38ac (2) of the law governing the activities of banks.
40) Commission Implementing Regulation (EU) 2015 / 1502 of 8 September 2015 laying down the minimum technical specifications and procedures for the level of guarantee of electronic identification devices pursuant to Article 8 (3) of Regulation (EU) No 910 / 2014 of the European Parliament and of the Council on electronic identification and trust services for electronic transactions in the internal market. ';
Amendment of the Insurance Act
In Section 129 of Act No. 277 / 2009 Coll., on Insurance, as amended by Act No. 409 / 2010 Coll., Act No. 188 / 2011 Coll., Act No. 420 / 2011 Coll., Act No. 228 / 2013 Coll., Act No. 241 / 2013 Coll., Act No. 458 / 2011 Coll., Act No. 18 / 2012 Coll., Act No. 399 / 2012 Coll., Act No. 99 / 2013 Coll., Act No. 368 / 2016 Coll., Act No. 56 / 2017 Coll., Act No. 183 / 2017 Coll., Act No. 171 / 2018 Coll., Act No. 307 / 2018 Coll.
"(3) The Office and the insurance undertaking shall use the following information to fulfil their obligations under the legislation:
(a) from the population base register;
(b) from the population registration information system;
(c) from the information system of foreigners,
(d) from the information system for the registration of civil certificates; and
(e) the travel document registration information system.
(4) The data used under paragraph 3 (a) are:
(a) the name and, where appropriate, the name and surname;
(b) the address of the place of stay;
(c) the date, place and district of birth and the date, place and state of birth of the data subject who was born abroad;
(d) the date of death; if the court's decision on the declaration of death is given, the date indicated in the decision as the date of death or the date which the data subject declared dead did not survive;
(e) citizenship; and
(f) the numbers and types of electronically readable identification documents.
(5) The data used under paragraph 3 (b) shall be:
(a) the name and / or the names, surnames and surnames,
(b) the date of birth;
(c) sex;
(d) the place and district of birth and the place and state of birth of the data subject who was born abroad;
(e) birth number,
(f) citizenship;
(g) the address of the place of permanent residence;
(h) the date of the acquisition of legal power of the decision of the court to approve the contract of assistance or representation of a member of the household, including the reference number of the court which approved the contract or representation, the date of the acquisition of legal power of the decision of the court of limitation of incapacity, including the reference of the court which has decided to restrict incapacity, the name and, where applicable, the names, surnames and surnames of the guardian, the date of acquisition of legal authority of the decision of the court of revocation of limitation of incapacity, the date of appeal of the party to the court and the date of termination of the representation of the representative of the member of the household;
(i) the date of death; and
(j) the date indicated in the court's decision on the death declaration as the day of death or the date on which the data subject declared dead did not survive.
(6) The data used under paragraph 3 (c) shall be:
(a) the name and / or the names, surnames and surnames,
(b) the date of birth;
(c) sex;
(d) the place and state or district of birth;
(e) birth number,
(f) citizenship and, where appropriate, multiple citizenship,
(g) the address of the place of stay;
(h) the date on which the decision of the court to restrict jurisdiction, including the number of the case and the court's designation, which has decided to restrict jurisdiction;
(i) the date of death; and
(j) the date indicated in the court's decision on the death declaration as the day of death or the date on which the data subject declared dead did not survive.
(7) The data used under paragraph 3 (d) are:
(a) the identity card number,
(b) the date of issue of the identity card;
(c) an indication of the office which issued the identity card; and
(d) the expiry date of the identity card.
(8) The data used under paragraph 3 (e) are:
(a) the number and type of travel document;
(b) the date of issue of the travel document;
(c) the expiry date of the travel document; and
(d) an indication of the authority which issued the travel document.
(9) Data kept as reference data in the population base register shall be used from the population information system, the alien information system, the civil ID information system or the travel document registration information system only if they are in the form preceding the current situation.
(10) From the data referred to in paragraphs 4 to 8, only such data which are necessary in the case in question may be used in a particular case.
(11) The Office and the insurance undertaking are entitled to establish and manage an information system enabling the Office or the insurance undertaking to use data held in the public administration information system, including data held in the basic register (hereinafter referred to as the "data use system"). If an insurance undertaking has not set up a data-use system, it may use that data through a data-use system established and managed by the Office.
(12) The data-use system must meet the conditions for implementing links between public administration information systems through a reference interface under the Public Administration Information Systems Act.
(13) The data-use system shall allow for a remote and continuous evaluation of the records of the provision and use of data for the purposes of recording data protection under the specific legislation42).
(14) The Ministry of the Interior shall check that the data-use system complies with the conditions set out in paragraph 12. If the Ministry of the Interior finds that the data-use system does not comply with the conditions set out in paragraph 12, it shall invite the Office or the insurance undertaking to remedy it within the time limit set by it. This period shall not exceed 6 months.
(15) The Ministry of the Interior may, in the event that the data-use system endangers the reference interface under the Public Administration Information Systems Act, prevent the use of data through that system until recovery is completed.
(16) The provisions of the Law on basic registers governing natural and legal persons identifiers and the code of the agenda, with the exception of the rule on the identification of a natural person on a single agenda by a single agent identifier, shall apply mutatis mutandis to the Office or the insurance undertaking. An agent identifier of a natural person clearly assigned to an alert on a natural person in a data-use system shall also be derived from the identifier of the private-law data user in accordance with the basic registry law assigned to the Office or the insurance undertaking.
(17) The provisions of the Law on basic registers governing the registration of a public authority for the exercise of the agenda shall apply mutatis mutandis to the Office or the insurance undertaking.
42) For example, Act No. 64 / 1986 Coll., on the Czech Trade Inspection, as amended, Act No. 153 / 1994 Coll., on the Intelligence Services of the Czech Republic, as amended, Act No. 154 / 1994 Coll., on the Security Information Service, as amended, Act No. 289 / 2005 Coll., on the Military Intelligence, as amended, Act No. 412 / 2005 Coll., on the Protection of Classified Information and on Security Capability, as amended, Act No. 17 / 2012 Coll., on the Customs Administration of the Czech Republic, as amended, Act No. 341 / 2011 Coll. '
EFFECTIVE
This Act shall take effect on 1 January 2021.
Vondracek v. r.
Zeman v. r.
Babiš v. r.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 49 / 2020 Coll., amending Act No. 21 / 1992 Coll., on Banks, as amended, and Act No. 253 / 2008 Coll., on certain measures against the legalisation of proceeds from crime and terrorist financing, as amended, and certain other laws |
|---|---|
| Regulation Type | Law |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 26.02.2020 |
|---|---|
| Effective from | 01.01.2021 |
| Effective until | - |
| Status | Valid |
Legal Areas:
Banking, Money
Finance
The regulation text is for informational purposes only.
Comments 0