The Czech Republic has introduced an amendment on certain information society services, which aims to tackle the issue of unsolicited commercial communications without the recipient’s consent. The amendment seeks to implement the rules of a new European regulation on online intermediary services into Czech law, and gives new supervisory powers to the Czech Telecommunications Office (CTU).

Under the new amendment, individuals who send unsolicited commercial communications without the recipient’s consent may face a fine of up to CZK 100,000, while companies may be fined up to ten million euros for this offense. The CTU will be responsible for overseeing the obligations arising from the European regulation governing online intermediary services.

The Economic Committee has introduced a provision in the amendment that requires the CTU to warn the provider of intermediary services or the provider of an internet search engine of any misconduct in the event of a minor breach and invite them to remedy it within 15 days. If the misconduct is not corrected, the CTU will treat it as an offense.

The amendment also aims to prevent discrimination against small and medium-sized enterprises (SMEs) in favor of large companies by internet service providers (ISPs). It addresses the unjustified removal of a business from the electronic marketplace or its poor ranking in search results, which may result in a penalty of up to ten million euros.

The purpose of the new regulation is to protect the privacy of individuals and prevent the misuse of personal data for commercial purposes. The law aims to ensure that individuals have control over their personal data and that companies obtain consent from individuals before using their personal data for commercial purposes. This is in line with the General Data Protection Regulation (GDPR), which is a European Union law that aims to protect the privacy and personal data of EU citizens.

The amendment is a step towards the protection of personal data in the Czech Republic and is in line with the EU’s efforts to protect the privacy of individuals. The new regulation ensures that individuals have control over their personal data and prevents the misuse of personal data for commercial purposes. The CTU will play a crucial role in ensuring that companies comply with the new regulation and will have the power to impose penalties on those who breach the law. The amendment will be beneficial for individuals and SMEs and will promote fair competition in the online marketplace.

Article by Prague Forum