Provides telecom services, in the Czech Republic
Act No. 127/2005 on Electronic Communications, Section 89(1) and (2), Confidentiality of Communicationssince 2 lines
Zákon č. 127/2005 Sb., § 89 odst. 1 a 2 · Read the law's page
- If you provide a public communications network or a publicly available electronic communications service, ensure, technically and organizationally, the confidentiality of messages and of the related traffic and location data transmitted over your network and services.
- Do not allow eavesdropping, storage of messages or other interception or monitoring of messages and related data by anyone other than the users without the consent of the users concerned, unless a law provides otherwise; technical storage of data necessary for the transmission of messages is not prevented.
Electronic Communications Act (Zákon o elektronických komunikacích), Security and Integrity of Public Networks and Servicessince 5 lines
Act No. 127/2005 Coll., Electronic Communications Act, Sections 98(1), (6), (7) and (9) and 118(14)(g) · Read the law's page
- This binds a person providing a public communications network or a publicly available electronic communications service in the Czech Republic, including an internet access service or an interpersonal communications service (reached by declaring that you provide telecom services).
- Ensure the security and integrity of your network and the security of the services you provide, and adopt technical and organisational rules that give a level of security matching the existing risk, to prevent or minimise the impact of security incidents on users and on networks and services (Section 98(1)).
- When the Czech Telecommunication Office asks, give it the information it needs to assess the security and integrity of your networks and services, your security audit and its results, and the documents behind your security policy; the Office may order the audit, which a qualified independent body carries out at your cost (Section 98(6)).
- Carry out, within the deadlines set, the measures the Office orders by decision after it identifies a significant threat to the security and integrity of a network or service, and tell the Office the result without undue delay (Section 98(7)).
- To the extent a breach of security or integrity originates in cyberspace and similar information duties apply to you under the Cybersecurity Act, the Section 98(1) and (6) to (8) duties do not apply (Section 98(9)); build to the Cybersecurity Act duties for that case.
Electronic Communications Act (Zákon o elektronických komunikacích), Notification of Serious Security Breachessince 4 lines
Act No. 127/2005 Coll., Electronic Communications Act, Sections 98(4) and (9) and 118(14)(f) · Read the law's page
- This binds a person providing a public communications network or a publicly available electronic communications service in the Czech Republic, including an internet access service or an interpersonal communications service (reached by declaring that you provide telecom services).
- Inform the Czech Telecommunication Office, the operators of emergency communication centres and, in a suitable way, your users without delay of a serious breach of the security of your network or service or a loss of its integrity, stating the extent and reasons of any interruption or denial of access, the measures taken and the expected date the cause will be removed (Section 98(4)).
- Use the criteria for a serious breach and the extent and form of information that the Office sets by an implementing legal regulation (Section 98(4)).
- To the extent the breach originates in cyberspace and similar information duties apply to you under the Cybersecurity Act, the Section 98(4) duty does not apply (Section 98(9)); report under the Cybersecurity Act, Sections 15 and 16, in that case.
Electronic Communications Act, section 33, accessible emergency communications for end-users with disabilitiessince 6 lines
§ 33 odst. 1, 6, 15 a 18 zákona č. 127/2005 Sb., o elektronických komunikacích · Read the law's page
- If you provide a publicly available number-based interpersonal communications service that lets end-users call numbers in the national or international numbering plan, give all your end-users, including persons with disabilities and users of public pay telephones, access to the emergency services through emergency communications to the emergency numbers 112, 150, 155 and 158 and any other number the numbering plan sets, free of charge and without any means of payment (s. 33(1); Directive (EU) 2018/1972, Art. 109(1) and (2)).
- Ensure that persons with disabilities have access to the emergency services that is equivalent to the access available to other users (s. 33(1); Directive (EU) 2018/1972, Art. 109(5)).
- Inform the public about the existence and conditions of use of the emergency numbers and about their accessibility features, and give that information remotely and in a format that is accessible to persons with disabilities, with regard to the different kinds of disability (s. 33(6); Directive (EU) 2018/1972, Art. 109(7)).
- Cooperate with the Ministry of the Interior, in concert with the Ministry of Health, the Ministry of Industry and Trade and the Office, on developing further forms and ways of emergency communication, including equivalent access for persons with disabilities to the emergency services, and take the guidelines of BEREC into account (s. 33(15)).
- If you give access to the emergency services through emergency communications without being a provider named in section 33(1), including through an internet access service, meet the duties of sections 33(2), 33(5) to 33(7), 33(10) and 33(13) to 33(15) as they apply by analogy (the accessible public information of section 33(6) and the cooperation of section 33(15) among them), and, from , do not charge for that access through an internet access service or count its data traffic against a data limit (s. 33(18)).
- If you give access to the emergency services in a further form of emergency communication that the Ministry of the Interior has listed, meet the section 33(18) duties for that form from the fifteenth day after the form is published in the list (s. 33(20), in force since ).
Electronic Communications Act, sections 38 and 43, Decree 161/2005 and Government Regulation 500/2021, universal service access, specially equipped terminal equipment, special tariff and special prices for persons with disabilitiessince 6 lines
§ 38 odst. 2 písm. c) a § 43 zákona č. 127/2005 Sb., o elektronických komunikacích, a vyhláška č. 161/2005 Sb. · Read the law's page
- If the Office has imposed on you the universal service duty under section 38(2)(c), give persons with disabilities access to the internet access and voice communications sub-services, not only at a fixed location, that is affordable for them and equivalent to the access of other consumers, including access to the emergency services through emergency communications and, where necessary, total conversation and conversion services (ss. 38(2)(c) and 43(1); Directive (EU) 2018/1972, Art. 85(4)).
- On request, rent or sell to a person with a disability one specially equipped telecommunications terminal equipment suited to the disability at the price of standard terminal equipment, with the characteristics the annex to Decree 161/2005 describes, standard equipment fitted with a purpose-built add-on device that as a whole meets them, or equipment that enables total conversation and conversion services through a software application (s. 43(2)(a) and (3); Decree 161/2005, annex, as replaced by Decree 37/2022 from ).
- Offer a special tariff suited to the needs of persons with disabilities according to the kind of disability, which a special price granted under section 38(3) satisfies from (s. 43(2)(b)).
- If the Office has imposed on you, after a selection procedure or by decision under section 39(14), the duty to let persons with special social needs, which include persons with disabilities within section 43(4), choose prices or price plans that differ from those under normal commercial conditions, give them those special prices and do not limit their use of the services of other providers (ss. 38(3) and (4) and 39(14); Directive (EU) 2018/1972, Art. 85(2)).
- If you were given the special price duty or provide the special tariff, keep the list of the persons to whom you granted the special price or special tariff and pass the Office the data for its list (s. 38(5)).
- If you provide special prices or the special tariff, grant them to a person with a disability who presents the documents section 1(2) of Government Regulation 500/2021 lists, set the price advantage so that your loss on each person is at most 200 koruna including value added tax a calendar month, keep the list with the particulars section 3 sets for as long as you provide the special price or tariff and 5 years after the last billing period for claiming the loss, and pass the data and their changes to the Office no later than the day you start providing the special price or tariff or the day you learn of the change (Government Regulation 500/2021, ss. 1(2), 2, 3, 3c and 3d).
Electronic Communications Act, sections 63, 63a, 63c and 71, accessible contract information and published service information for end-users with disabilitiessince 7 lines
§ 63 odst. 3 a 5, § 63a, § 63c a § 71 zákona č. 127/2005 Sb., o elektronických komunikacích · Read the law's page
- If you provide a publicly available electronic communications service to consumers, other than a transmission service used for machine-to-machine services, give a consumer who asks the pre-contract information that section 63(1) requires in a format accessible to end-users with disabilities, in accordance with European Union law on the accessibility requirements for products and services (s. 63(1) and (3); Directive (EU) 2018/1972, Art. 102(1)).
- If you provide internet access services or publicly available interpersonal communications services, include in the pre-contract information detailed information on products and services designed for end-users with disabilities and on how to obtain up-to-date information on them (s. 63(1)(a) and Annex 1, point B(1)(e); Directive (EU) 2018/1972, Art. 102(1) and Annex VIII, Part B, point I(5)).
- Give the same information to an end-user that is a microenterprise, a small enterprise or a non-profit organization unless it has expressly waived the rights (s. 63(4); Directive (EU) 2018/1972, Art. 102(2)).
- State in the contract summary the extent to which your products and services are designed for end-users with disabilities (s. 63(5)(e); Directive (EU) 2018/1972, Art. 102(3)).
- If you provide internet access services or publicly available interpersonal communications services subject to conditions, publish the information that section 63a(1) lists in a clear, comprehensive, machine-readable manner and in a format accessible to end-users with disabilities, including the details of the products and services specifically intended for them, update it regularly, and give it to the Office on request before you publish it (s. 63a(1) to (3); Directive (EU) 2018/1972, Art. 103(1)).
- If you offer a bundle that includes an internet access service or a number-based interpersonal communications service, apply sections 63(5) and (6), 63a and 63b to every service in the bundle (s. 63c(1)).
- If you control at least some elements of the network, directly or through a service level agreement, publish complete, comparable, reliable, user-friendly and up-to-date information on the quality of your internet access or interpersonal communications services and on the measures taken to ensure equivalent access for end-users with disabilities, in a way that allows remote access, and give it to the Office on its request before publication and on a continuing basis for publication under section 66a (s. 71(1) and (4); Directive (EU) 2018/1972, Art. 104(1)).
Electronic Communications Act, section 69b, equivalent access and choice conditions and special prices for end-users with disabilitiessince 3 lines
§ 69b zákona č. 127/2005 Sb., o elektronických komunikacích · Read the law's page
- Where the Office has set conditions in the general authorisation under section 69b(1), give persons with disabilities access to publicly available electronic communications services equivalent to the access of other end-users and the same choice among services that other end-users have (s. 69b(1); Directive (EU) 2018/1972, Art. 111(1)).
- If the Office has decided under section 69b(2) that you provide a publicly available electronic communications service to consumers with special social needs at a price different from the normal market price, or under section 69b(3) that a uniform national price applies, provide the service at that price with a sufficient period of number availability and prevent unjustified disconnection (s. 69b(2), (3) and (6); Directive (EU) 2018/1972, Art. 85(2)).
- If you provide special rates or packages to consumers with special social needs, inform the Office without undue delay of the details of your offers at every change, and change or withdraw an offer when the Office imposes that to ensure transparency or non-discrimination (s. 69b(7) and (8); Directive (EU) 2018/1972, Art. 85(3)).
- A condition set in the general authorisation under section 69b(1) does not reach a provider of number-independent interpersonal communications services, which the general authorisation does not cover (s. 9(3)).
Act on accessibility requirements of certain products and services, duties of providers of services to consumers (electronic communications, audiovisual media access, financial, e-commerce, e-book and passenger transport services)since 23 lines
§ 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 ; 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 until ; a service under a contract concluded before that date may continue unchanged until the obligation ends and no later than (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)).