Distributes a software product, 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)).

Government Regulation No. 426/2016 Coll., on Conformity Assessment of Radio Equipment, Sections 3 and 5 · Read the law's page

• This binds a manufacturer placing radio equipment on the Czech market; the Section 3(3) requirements apply only to equipment in the categories or classes set by an EU delegated act under Article 44 of Directive 2014/53/EU, which the Czech Telecommunication Office publishes by notice in its Telekomunikační věstník.
• Design that equipment so that it does not harm the electronic communications network or its operation and does not misuse network resources (Section 3(3)(d)).
• Design that equipment so that it protects the personal data and privacy of the user and the subscriber of the electronic communications service, and so that it is protected against fraud (Section 3(3)(e) and (f)).
• Before placing the equipment on the market, draw up the technical documentation and carry out the conformity assessment procedure (Section 5(1)).

§ 2 odst. 1, § 5, 6 a 9 až 12 zákona č. 424/2023 Sb., o požadavcích na přístupnost některých výrobků a služeb · Read the law's page

• If you manufacture a product listed in section 2(1) of the Act (general-purpose consumer computer hardware systems and their operating systems; self-service payment terminals; ATMs, ticket-issuing machines, check-in machines and information terminals used to provide services; consumer terminal equipment with interactive computing capability used for electronic communications services or for access to audiovisual media services; e-readers), place it on the market only if it meets the accessibility requirements of sections I and II of Annex 1, also after a change to the product or to the harmonised standard or technical specification you rely on (ss. 2(1), 4(1) and 5(1); Directive (EU) 2019/882, Arts. 4(1), 4(2) and 7(1)).
• Prepare the technical documentation and carry out the conformity assessment procedure of Annex 2; after conformity is shown, draw up the declaration of conformity in the Czech language with the content of Annex 3, stating which requirements were not met where you rely on section 15(1), as a single declaration where several EU acts require one, and affix the CE marking visibly, legibly and indelibly; keep the documentation and the declaration for 5 years from placing the product on the market, and update the declaration when its data change (ss. 5(2), 11 and 12).
• Mark the product with a type, batch or serial number or another identifying element, and with your name or trade name or trademark and a contact address, or give them on the packaging or an accompanying document where size or nature does not allow it (s. 5(3) and (4)).
• Make sure instructions for use and safety information in the Czech language accompany the product and are clear, understandable and easy to comprehend (s. 5(5)).
• If you find that a product you placed on the market does not meet the requirements, without undue delay correct it or withdraw it from the market, inform the supervisory authority of the non-compliance, its nature and causes and the measures taken, and keep a register of non-compliant products and related complaints (s. 5(6)).
• Identify to the supervisory authority, on its request and for 5 years, each manufacturer, authorised representative, importer and distributor that supplied you or that you supplied (s. 10).
• If you appoint an authorised representative, do it in writing; the mandate must allow the representative at least to keep the declaration of conformity and technical documentation, give the authority information and documentation, and cooperate on removing non-conformity, and it cannot include the duty in section 5(1) or the preparation of technical documentation; the representative must itself keep the technical documentation and the declaration of conformity for 5 years from placing the product on the market (ss. 5(7) and 6).
• If you are an importer or distributor and you place a product on the market under your own name, trade name or trademark, or modify a product already on the market in a way that may affect its compliance, you carry the manufacturer's duties (s. 9).
• You need not meet the requirements to the extent that doing so would require a fundamental alteration of the product or impose a disproportionate burden judged on the criteria of Annex 4; you must first prepare an assessment, keep it and its supporting documents for 5 years from the day you last supplied the product, inform the supervisory authority before placing the product on the market (product, ground, requirements not met, date of the assessment), and 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(1) to (6); Directive (EU) 2019/882, Art. 14).
• If you are a microenterprise, you need not submit the assessment to the authority and need not inform it under section 15(5) (s. 15(3) and (7)).
• 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 (s. 16).
• 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 product, unless that other instrument excludes this (s. 17(1)); 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), and for features or functions of a product that the requirements of sections I and II do not cover, the requirements are those of Annex 5 (s. 4(3)).
• The duties apply to products placed on the market after 28 June 2025 (s. 28(1)).

§ 2 odst. 1, § 7, 9 a 10 zákona č. 424/2023 Sb., o požadavcích na přístupnost některých výrobků a služeb · Read the law's page

• If you import a product listed in section 2(1) of the Act (general-purpose consumer computer hardware systems and their operating systems; self-service payment terminals; ATMs, ticket-issuing machines, check-in machines and information terminals used to provide services; consumer terminal equipment with interactive computing capability used for electronic communications services or for access to audiovisual media services; e-readers), place on the market only a product that meets the accessibility requirements of sections I and II of Annex 1 (ss. 4(1) and 7(1); Directive (EU) 2019/882, Arts. 4(1), 4(2) and 9(1)).
• Before placing the product on the market, make sure the manufacturer carried out the conformity assessment procedure of Annex 2 and prepared the technical documentation, put the CE marking on the product, marked the product with an identifying element and its name and address, and supplied the Czech instructions for use and safety information (s. 7(2)(a)).
• Keep the technical documentation and a copy of the declaration of conformity for 5 years from placing the product on the market (s. 7(2)(b)).
• State your name or trade name or trademark and a contact address on the product, or on the packaging or an accompanying document where size or nature does not allow it (s. 7(3)).
• If you find that a product you intend to place on the market does not meet the requirements, tell the manufacturer and the supervisory authority without delay (s. 7(4)).
• If you find that a product you placed on the market does not meet the requirements, without undue delay correct it or withdraw it from the market, inform the supervisory authority of the non-compliance, its nature and causes and the measures taken, and keep a register of non-compliant products and related complaints (s. 7(5)).
• Identify to the supervisory authority, on its request and for 5 years, each operator that supplied you or that you supplied (s. 10).
• If you place a product on the market under your own name, trade name or trademark, or modify a product already on the market in a way that may affect its compliance, you carry the manufacturer's duties (s. 9).
• Where the manufacturer relies on section 15(1) for a product you supply, keep the assessment and its supporting documents for 5 years from the day you last supplied the product, inform the supervisory authority before supplying it that it will not meet the accessibility requirements (the product, the ground, the requirements not met and the date of the assessment), and where the manufacturer relies on disproportionate burden attach its sworn statement that it received no subsidy, gift or similar payment to secure accessibility; a microenterprise importer need not submit the assessment to the authority or inform it under section 15(5) (s. 15(3), (5), (6) and (7); Directive (EU) 2019/882, Art. 14).
• The duties apply to products placed on the market after 28 June 2025 (s. 28(1)).

§ 2 odst. 1, § 8, 9 a 10 zákona č. 424/2023 Sb., o požadavcích na přístupnost některých výrobků a služeb · Read the law's page

• If you distribute a product listed in section 2(1) of the Act (general-purpose consumer computer hardware systems and their operating systems; self-service payment terminals; ATMs, ticket-issuing machines, check-in machines and information terminals used to provide services; consumer terminal equipment with interactive computing capability used for electronic communications services or for access to audiovisual media services; e-readers), act with due care so that the products you supply meet the accessibility requirements of sections I and II of Annex 1, and make sure storage and transport conditions do not endanger that compliance (ss. 4(1) and 8(1); Directive (EU) 2019/882, Arts. 4(1), 4(2) and 10(1)).
• Before supplying a product to the market, verify that it bears the CE marking, that the instructions for use and safety information accompany it, and that the manufacturer and importer marked it with an identifying element and their names and addresses (s. 8(2)).
• If you find before supply that a product does not meet the requirements, tell the manufacturer or importer and the supervisory authority without delay (s. 8(3)).
• If you find that a product you supplied does not meet the requirements, without undue delay correct it or withdraw it from the market, and inform the supervisory authority of the non-compliance, its nature and causes and the measures taken (s. 8(4)).
• Identify to the supervisory authority, on its request and for 5 years, each operator that supplied you or that you supplied (s. 10).
• If you place a product on the market under your own name, trade name or trademark, or modify a product already on the market in a way that may affect its compliance, you carry the manufacturer's duties (s. 9).
• Where the manufacturer relies on section 15(1) for a product you supply, keep the assessment and its supporting documents for 5 years from the day you last supplied the product, inform the supervisory authority before supplying it that it will not meet the accessibility requirements (the product, the ground, the requirements not met and the date of the assessment), and where the manufacturer relies on disproportionate burden attach its sworn statement that it received no subsidy, gift or similar payment to secure accessibility; a microenterprise distributor need not submit the assessment to the authority or inform it under section 15(5) (s. 15(3), (5), (6) and (7); Directive (EU) 2019/882, Art. 14).
• The duties apply to products placed on the market after 28 June 2025 (s. 28(1)).

Act No. 264/2025 Coll., Cybersecurity Act, Sections 47, 57 and 61 · Read the law's page

• If you are a conformity assessment body, a holder of a European cybersecurity certificate, or a manufacturer or provider that issues an EU declaration of conformity under Regulation (EU) 2019/881, these provisions bind you.
• Do not misuse the mark or label of a European cybersecurity certification scheme, a European cybersecurity certificate or an EU declaration of conformity, and do not forge or alter any of them (Section 61(1)(a) and (b)).
• As a conformity assessment body, carry out assessment at assurance level high, or any assessment the EU scheme reserves to an authorised body, only where you are entitled or authorised to, and issue a European cybersecurity certificate only for a product, process or service that meets the criteria of the EU scheme (Section 61(1)(c) to (e)).
• As an accredited conformity assessment body, act only within your accreditation under Article 60(1) of the EU Cybersecurity Act, and suspend a certificate or attestation you issued when the Office orders it (Sections 57(1) and 61(1)(f) and (g)).
• As a holder of a European cybersecurity certificate, inform the conformity assessment bodies concerned of any vulnerabilities or irregularities found later (Section 61(2)).
• As a manufacturer or provider that issues an EU declaration of conformity, issue it only where the conditions of the EU Cybersecurity Act are met, keep the documents and information Article 53(3) requires, give a copy of the declaration to the Office or ENISA, and provide cybersecurity information as Article 55 requires (Section 61(3)).