Act No. 58 / 2023 Coll.
Act amending Act No. 480 / 2004 Coll., on certain information society services and amending certain laws (Act on certain information society services), as amended
Valid
Effective from 23.03.2023
58
THE LAW
of 15 February 2023
amending Act No. 480 / 2004 Coll., on certain information society services and amending certain laws (Act on certain information society services), as amended
Parliament has decided on this law of the Czech Republic:
Act No. 480 / 2004 Coll., on certain information society services and amending certain laws (Act on certain information society services), as amended by Act No. 444 / 2005 Coll., Act No. 214 / 2006 Coll., Act No. 160 / 2007 Coll., Act No. 281 / 2009 Coll., Act No. 375 / 2011 Coll., Act No. 468 / 2011 Coll., Act No. 89 / 2012 Coll., Act No. 183 / 2017 Coll., Act No. 110 / 2019 Coll. and Act No. 238 / 2020 Coll., is amended as follows:
1. In Article 1, the words "governed by the law of the European Communities (1) 'are replaced by the words" incorporating the relevant European Unionprovisions (1), as well as the directly applicable European Union provisions governing the promotion of justice and transparency for business users of online brokering services (4) (hereinafter referred to as the "Regulation') and the provisions."
footnote 4:
"(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. ';
2. footnote 3 shall read:
"3) Sections 420 and 421 of Act No. 89 / 2012 Coll., Civil Code, as amended. '.
3. In Article 7 (3), the words "or directly applicable European Union6 'shall be inserted after the word" Regulation (5)'.
footnotes 5 and 6 are as follows:
"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). ';
4. Paragraph 10a, including the title, reads:
Supervision of compliance
Supervision of compliance with the obligations laid down in the regulation is carried out by the Czech Telecommunications Authority. '
5. After Paragraph 10a, the following Section 10b is inserted:
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. '
6. In Article 11, the following paragraph 1 is added:
"(1) A natural person commits an offence by spreading commercial communications by mass or repeatedly by electronic means without the consent of the addressee. ';
Paragraphs 1 and 2 shall become paragraphs 2 and 3.
7. In Paragraph 11 (2) of the Introductory Part of the provision, the words "or undertaking physical 'shall be inserted after the word" Legal'.
8. in Paragraph 11, the following paragraphs 3 and 4 are inserted after paragraph 2:
"(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. ";
Paragraph 3 shall become paragraph 5.
9. Paragraph 11 (5) reads as follows:
"(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 the offence referred to in paragraph 2 (a) or 3 or 4 is committed. "
10. In Article 11, the following paragraph 6 is added:
"(6) An administrative penalty may be imposed for the offence referred to in paragraph 3 or 4, together with a fine, on the publication of an infringement decision. ';
11. in Article 12 (1):
"(1) Transfers pursuant to § 11 (1) and (2) shall be dealt with by the supervisory authority and offences pursuant to § 11 (3) and (4) shall be dealt with by the Czech Telecommunications Authority."
12. In Article 12, the following paragraph 3 is added:
"(3) Fines for misdemeanors pursuant to § 11 (3) and (4) shall be enforced by the Czech Telecommunications Office."
13. footnote 8 is deleted.
14. footnote 10:
"10) Act No. 500 / 2004 Coll., Administrative Regulations, as amended."
Efficacy
This Act shall take effect on the 15th day following its publication.
Pekarová Adamová v. r.
Zeman v. r.
Fiala v. r.
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Regulation Information
| Citation | Act No. 58 / 2023 Coll., amending Act No. 480 / 2004 Coll., on certain information society services and amending certain laws (Act on certain information society services), as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 08.03.2023 |
|---|---|
| Effective from | 23.03.2023 |
| Effective until | - |
| Status | Valid |
Parliamentary Paper:
Paper No. 106
The regulation text is for informational purposes only.
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