Decree No. 52 / 2022 Coll.

Decree on technical and organisational conditions for use of the programme application and electronic form for data collection in electronic communications

Valid Order Effective from 01.04.2022
52
DECLARATION
of 8 March 2022
on technical and organisational conditions for the use of the programme application and electronic data collection form in the field of electronic communications
The Czech Telecommunications Authority (hereinafter "the Office") provides, pursuant to Article 150 (5) of Act No. 127 / 2005 Coll., on Electronic Communications and on the amendment of certain related laws (the Act on Electronic Communications), as amended by Act No. 310 / 2006 Coll., Act No. 110 / 2007 Coll., Act No. 261 / 2007 Coll., Act No. 304 / 2007 Coll., Act No. 247 / 2008 Coll., Act No. 153 / 2010 Coll., Act No. 468 / 2011 Coll., Act No. 214 / 2013 Coll., Act No. 258 / 2014 Coll., Act No. 252 / 2017 Coll., Act No. 311 / 2019 Coll., Act No. 150 / 2021 Coll., and Act No. 374 / 2021 Coll., implementing Section 115 (3) of the Act on Electronic Communications:
§ 1
Website of the Office for Access to the Programme Application
Access to the Programme Application under Section 115 of the Electronic Communications Act, which is the Electronic Data Collection System (hereinafter referred to as the System) and its subsequent use shall be carried out via the Office's website at https: / / monitoringtrhu.ctu.gov.cz.
§ 2
Registration of a person for access to the system
(1) An entrepreneur who has notified an undertaking pursuant to Section 8 (2) of the Electronic Communications Act shall complete the application for access to the system by means of an interactive request available on the website referred to in Section 1. The model of the application is set out in Annex 1 to this Order.
(2) A mandatory person pursuant to Article 115 (1) of the Electronic Communications Act (hereinafter referred to as the "obliged person"), other than those referred to in paragraph 1, shall complete a request for access to the system by means of an interactive request available on the website referred to in Article 1. The model of the application is set out in Annex 2 to this Order.
(3) The Office shall process the request for access to the system referred to in paragraph 1 or 2, shall establish a natural person designated in the request for access to the system by a person referred to in paragraph 1 or 2 (hereinafter referred to as the "beneficiary") access to the system and inform the authorised person of the establishment of access to the system by a message sent by the system to the e-mail address indicated in the request for access to the system.
(4) A person referred to in paragraph 1 or 2 may register only one authorised person for access to the system. The authorised person shall be entitled to establish and manage within the system a maximum of three additional approaches to the system for its authorised natural persons without the need to complete any further request for access to the system.
(5) The authorised person and the natural person authorised by him shall enter the system using an electronic identification device using a qualified electronic identification system with at least a significant level of guarantee. If the beneficiary or the natural person authorised by him is not a citizen of the State which has notified the electronic identification system under the directly applicable European Union Regulation (1), he / she shall enter the system by login name and password.
(6) In the event of a change in the authorised person or a change in the name or surname of the authorised person who is not a citizen of the Czech Republic, the obliged person shall apply mutatis mutandis in accordance with paragraphs 1 and 2.
§ 3
(1) In accordance with Article 115 (1) of the Electronic Communications Act, the Office shall make the electronic form available to the mandatory person in the system at the latest at the time of dispatch of the application under Article 115 (1) of the Electronic Communications Act.
(2) In accordance with Article 115 (2) of the Electronic Communications Act, the Office shall make the electronic form available to the entrepreneur who has notified the business under Article 8 (2) of the Electronic Communications Act in the system no later than the 15th day of the month following the end of the reference period under Article 115 (2) of the Electronic Communications Act to which the electronic form relates.
§ 4
Transitional provisions
An entrepreneur who has notified the business pursuant to § 8 (2) of Act No. 127 / 2005 Coll., as effective before the effective date of the Act No. 374 / 2021 Coll., remains in force access to the system implemented under Act No. 127 / 2005 Coll., as effective before the effective date of the Act No. 374 / 2021 Coll. A person who has such access shall be deemed to be a natural person by delegation pursuant to Paragraph 2 (4) on the date of entry into force of this Order. Until 31 December 2022, the authorised person and the natural person authorised by him shall enter the system on his behalf and password. In the event of a change in the name or surname of the authorised person who is a citizen of the Czech Republic, until 31 December 2022, the obliged person shall apply mutatis mutandis in accordance with § 2 (1) and (2).
§ 5
Efficacy
This Decree shall enter into force on 1 April 2022, with the exception of Article 2 (5), which shall take effect on 1 January 2023.
President of the Council of the Czech Telecommunications Office:
Mgr. Ing. Tovarková v. r.

Příloha č. 1

Annex No 1 to Decree No 52 / 2022 Coll.
Model of application for access to the system for a person pursuant to Article 2 (1)

Příloha č. 2

Annex No 2 to Decree No 52 / 2022 Coll.
Model of application for access to the system for a person pursuant to § 2 (2)

1) Article 9 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.

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Regulation Information

CitationDecree No. 52 / 2022 Coll., on technical and organisational conditions of use of the programme application and electronic form for data collection in the field of electronic communications
Regulation TypeOrder
Author-
CollectionCode of Laws
Date of Promulgation15.03.2022
Effective from01.04.2022
Effective until-
Status Valid
The regulation text is for informational purposes only.
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