Ships a mobile app, in the Czech Republic

Zákon č. 89/2012 Sb., občanský zákoník, §§ 2939-2943 · Read the law's page

• The Civil Code applies to a defect of a movable thing placed on the market as a product, and its text does not say whether software supplied on its own is such a thing, so treat standalone software as an open question under Sec. 2939(1) read with Secs. 498(2) and 2389a(1).
• If you produce, extract, grow or otherwise obtain a product or a component, or put your name, trade mark or another mark on a product, you answer jointly and severally for damage a defect in it causes (Sec. 2939(1)).
• If you import a product to place it on the market in the course of your business, you answer jointly and severally with the producer (Sec. 2939(2)).
• If you supply a product and the producer cannot be determined, tell the injured person within one month of the claim who the producer is or who supplied the product to you, or you answer for the damage (Sec. 2940(1)).
• If you supply an imported product, tell the injured person within that period who the importer is, or you answer for the damage even though the producer is known (Sec. 2940(2)).
• Make the product as safe as can reasonably be expected in view of all circumstances, including how you place it on the market or offer it, the purpose it is meant to serve and the time you placed it on the market (Sec. 2941(1)).
• Be ready to prove a Sec. 2942 defense: that the injured person caused the damage, that you did not place the product on the market, that the defect did not exist when you placed it or arose later, that you did not make it for business purposes, that the defect results from compliance with binding legal provisions, or that the state of scientific and technical knowledge did not allow the defect to be discovered (Sec. 2942(1) and (2)).
• If you made only a component, be ready to prove that the defect was caused by the design of the product it was incorporated into or by that product's instructions (Sec. 2942(3)).
• Do not rely on a contract term or an advance waiver to exclude or limit liability for a product defect, because it is disregarded (Sec. 2942(4) and (5)).

Zákon č. 132/2010 Sb., o audiovizuálních mediálních službách na vyžádání, § 6b · Read the law's page

• If you provide an audiovisual media service on demand, where it is appropriate supply open or hidden subtitles or Czech Sign Language interpretation for people with hearing impairment and audio description for people with visual impairment where you have them, or otherwise ensure that some programmes in the service are accessible to those people (s. 6b(1)).
• After consulting the organisations in the Czech Republic that bring together people with hearing impairment and people with visual impairment, prepare an Action Plan for each evaluation period by which you commit, through appropriate measures, to raise the total share of programmes made accessible to those people over the immediately preceding period; if you provide more than one service, prepare it by service and by year from 1 July to 30 June, and submit a new plan to the Council by 30 June of the year in which the previous period ends (s. 6b(2)).
• Submit to the Council, by 30 September of the year in which the evaluation period ended, an evaluation of the plan (s. 6b(3)).
• The duties in section 6b(1) and (2) do not apply to programmes that by their nature cannot or need not be made accessible, in particular music programmes, programmes promoting your own service, and programmes made only of graphics or teletext without spoken word (s. 6b(4)).
• Correct a breach the Council notifies within the period it sets; if you do, the Council opens no offence proceedings (s. 11(1) to (3)).

§ 2 odst. 2 a 3, § 13 až 18 a 24 zákona č. 424/2023 Sb., o požadavcích na přístupnost některých výrobků a služeb · Read the law's page

• If you provide to consumers a service listed in section 2(2) of the Act (electronic communications services; services providing access to audiovisual media services; financial services; e-commerce services; the sale of e-books and e-book software; commercial air, public regular bus, rail and water passenger transport as to websites, mobile services and applications, electronic tickets, travel information and self-service terminals; and urban and regional transport as to self-service terminals), make the service meet the accessibility requirements of sections III and IV of Annex 1, for the whole time you provide it and also after a change to the service, the requirement or the harmonised standard or technical specification you rely on (ss. 4(2) and 13(1); Directive (EU) 2019/882, Arts. 4(1), 4(3) and 13(1)).
• Make the websites, related online applications and mobile services including mobile applications through which you provide the service perceivable, operable, understandable and robust, and give the electronic information needed to provide the service the same way; section III of Annex 1 does not apply to urban and regional transport services (Annex 1, section III, points 2 and 3).
• Give information on how the service works and, where products are used in it, on their accessibility features and their interoperability with assistive technologies, in a form perceivable through more than one sense and in an understandable way, with text alternatives for non-text content (Annex 1, section III, point 2).
• Make the products you use to provide the service accessible in accordance with the Act (Annex 1, section III, point 1).
• Where you run support services such as helpdesks, call centres, technical support, relay services or training, make them give information on the accessibility of the service and its compatibility with assistive technologies through means of communication accessible to persons with disabilities (Annex 1, section III, point 4).
• Publish in your general terms and conditions, or a similar document, how the service meets the accessibility requirements, with a description of each requirement, a general description of the service and the explanations needed to understand how it works; give this information in audio form on request, in commonly accessible formats when it is on a website, and for the whole time you provide the service, in a way that persons with disabilities can reach (s. 14(1), (2) and (4); Directive (EU) 2019/882, Art. 13(2)).
• If you find that the service does not meet the requirements, take measures without undue delay to bring it into line, and inform the supervisory authority for the district where you provide the service of the non-compliance, its nature and causes and the measures taken (s. 13(2)).
• If you provide electronic communications services, provide real-time text alongside voice, provide total conversation where you also provide video, and synchronise emergency communications by voice, text and video and carry them to the most suitable emergency communication centre (Annex 1, section IV, point 1).
• If you provide a service giving access to audiovisual media services, make the electronic programme guide perceivable, operable, understandable and robust with information on the availability of accessibility, and transmit open or hidden subtitles, audio description and Czech Sign Language interpretation fully, at adequate quality, synchronised with sound and video, with user control over their display and use (Annex 1, section IV, point 2).
• If you provide air, public regular bus, rail or water passenger transport other than urban and regional transport, give information on the accessibility of vehicles, surrounding infrastructure and built environment and on assistance for persons with disabilities, on electronic ticket sales, on real-time travel information and on supplementary service information such as station staffing and out-of-order lifts (Annex 1, section IV, point 3).
• If you provide urban or regional transport services, make the self-service terminals you use accessible (s. 2(2)(g); Annex 1, section IV, point 4).
• If you provide financial services, provide identification, electronic signature, security and payment methods so that they are perceivable, operable, understandable and robust, and give information the consumer can understand without increased effort (Annex 1, section IV, point 5).
• If you sell e-books or e-book software, provide synchronised text and sound where an e-book has both, keep the files from hindering assistive technologies, allow content access, navigation and flexible presentation, offer alternative presentation across the range of assistive technologies, make e-books searchable by accessibility metadata and do not let digital rights management block accessibility features (Annex 1, section IV, point 6).
• If you provide e-commerce services, give information on the accessibility of the products and services sold where the responsible operator provides it, and make the identification, security, payment and electronic signature functions of the service perceivable, operable, understandable and robust (Annex 1, section IV, point 7).
• You need not meet the requirements to the extent that doing so would require a fundamental alteration of the service or impose a disproportionate burden judged on the criteria of Annex 4; you must first prepare an assessment and keep it and its supporting documents for 5 years from the day you last provided the service; if you rely on disproportionate burden, prepare a new assessment for each service when the service changes and in any case within 5 years of the last one, and within the period the authority sets when it has a well-founded doubt about the burden (s. 15(1) to (4); Directive (EU) 2019/882, Art. 14).
• Before you start providing a service that will not meet the requirements, tell the supervisory authority which service, the ground, the requirements not met and the date of the assessment; if you rely on disproportionate burden, attach a sworn statement that you received no subsidy, gift or similar payment to secure accessibility, and you cannot rely on disproportionate burden if you did (s. 15(2), (5) and (6)).
• Meeting a harmonised standard or part of it, or where no reference to a harmonised standard is published a technical specification or part of it, is treated as meeting the accessibility requirements to the extent it covers them; meeting the accessible-information requirements of the EU passenger rights regulations and the rail interoperability implementing rules counts as meeting them, though any further requirement of the Act still applies (ss. 16 and 17(2)).
• You may meet a specific technical requirement of Annex 1 in the way set out in Annex 5 if equivalent accessibility is secured (s. 18); for features or functions of a service that the requirements of sections III and IV do not cover, the requirements are those of Annex 5 (s. 4(3)).
• When you publish the information on how the service meets the requirements, you may refer to compliance with the harmonised standard or technical specification the service conforms to (s. 14(3)).
• Meeting the requirements of the Act counts as meeting the accessibility requirements that another law or a directly applicable EU instrument sets for the same service, unless that other instrument excludes this (s. 17(1); Directive (EU) 2019/882, Art. 24(2)).
• The Act does not apply to services provided by a microenterprise, to machine-to-machine transmission services, to the content of an online map where basic navigation information is provided in an accessible digital form, to website and app content that is not yours unless you finance, create or can influence it, or to self-service terminals installed as an integral part of a means of transport (s. 2(3)).
• The duties apply to services provided after 28 June 2025; a self-service terminal lawfully used before that date may stay in use for similar services for up to 20 years from first being put into operation; you may use non-compliant products you lawfully used before and placed on the market by 28 June 2025 until 28 June 2030; a service under a contract concluded before that date may continue unchanged until the obligation ends and no later than 28 June 2030 (s. 28(2) to (5); Directive (EU) 2019/882, Art. 32).
• Pre-recorded time-based media and office-application file formats published on websites or in mobile applications before the Act took effect, and websites and mobile applications whose content is not updated or modified after that day, are outside the requirements (s. 28(6) and (7)).