Czech RepublicAutorský zákon Sections 88-94, Sui Generis Database Right
Zakon c. 121/2000 Sb., o pravu autorskem (autorsky zakon), Sec. 88 to Sec. 94
In force.
A database right rule binding public and private bodies.
- Obligation class
- Access restriction
- Audit expectation
- none
What it requires
- Do not extract or re-utilize the whole, or a qualitatively or quantitatively substantial part, of a database made with a substantial investment by another person in the Czech Republic without the maker's authorization, and do not repeatedly and systematically extract insubstantial parts in a way that conflicts with the database's normal exploitation or unreasonably harms the maker's legitimate interests.
These lines are LexLint's reading of the law's text. Also read by: Case C-762/19 'CV-Online Latvia' SIA v 'Melons' SIA, judgment of (Fifth Chamber) (recorded ).
In the frameworks
- NIST AI RMF
- MAP 4.1Approaches for mapping AI technology and legal risks of its components – including the use of third-party data or software – are in place, followed, and documented, as are risks of infringement of a third party’s intellectual property or other rights.
- NIST AI 600-1
- GAI-RISK-09Information Security
- GAI-RISK-12Value Chain and Component Integration
- OWASP LLM Top 10
- LLM03:2026Excessive Agency
- OWASP Agentic Top 10
- ASI03Identity and Privilege Abuse
- MIT mitigations Draft
- FINOS AIGF
- AIR-PREV-018Agent Authority Least Privilege Framework
- AIR-PREV-023Agentic System Credential Protection Framework
- ETSI EN 304 223
- 5.1.2-6Access the AI system gets to other systems and data sources is minimal and risk assessed.
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
Identifiers refer to ETSI EN 304 223 V2.1.1 (2025-12), © ETSI 2025, all rights reserved. ETSI owns the standard; no ETSI text (titles or sentences) is reproduced here. The standard is free to download from ETSI.
If you get it wrong
Criminal exposureNo
Penalty structure
Sections 105a(2) and 105b(2) of the Autorsky zakon set a fine of up to CZK 150,000 for unauthorized use of a database, whether the offender is a natural person or a legal or business-conducting natural person.
- Rule
- Fixed only
- As of
- Currency
- CZK
- Fixed cap
- 150,000
Who enforces it
Enforcement body
Obecni urad obce s rozsirenou pusobnosti (municipal authority with extended competence, in delegated state administration)
Settledness
- As of
- Case link
- https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:62019CJ0762
- Case citation
- Case C-762/19 'CV-Online Latvia' SIA v 'Melons' SIA, judgment of (Fifth Chamber)
- Open questions
- Does automated collection of many small parts of a website's data amount to use of 'kvalitativně nebo kvantitativně podstatnou část' of the database under Section 90(1)?
- Does a database whose content is supplied by its users involve a 'podstatný vklad' by its maker under Section 88a(1)?
What it makes you log
Logging duty
Sections 88 to 94 give the maker of a database a special right to use the whole content or a substantial part of it, and bar repeated and systematic use of insubstantial parts that conflicts with normal use or harms the maker's legitimate interests. They require no log or record to be kept.
- Kind
- None
- As of
What this law does
A database is a collection of independent works, data or other elements, systematically or methodically arranged and individually accessible by electronic or other means, per Section 88.
Its maker, the person who at their own responsibility obtained, verified or presented its content with a qualitatively or quantitatively substantial investment, holds the exclusive right to use the whole content or a qualitatively or quantitatively substantial part of it and to authorize another to do so, per Sections 88a and 90.
Repeated and systematic extraction or re-utilization of insubstantial parts is also prohibited where it conflicts with the normal exploitation of the database or unreasonably prejudices the maker's legitimate interests. The right lasts fifteen years from the database's making, or from its first making available to the public if that occurs within that period, per Section 93, and a fresh substantial investment in the database restarts the term.
An authorized user who uses the database lawfully made available to the public does not infringe the right by using a qualitatively or quantitatively insubstantial part for any purpose, provided that use is normal, proportionate and not systematic or repeated.
Unauthorized use of a database is an administrative offence a natural person may be fined up to CZK 150,000 for, and a legal person or a natural person acting in business up to CZK 150,000, before the municipal authority with extended competence in whose district the offence was committed. The Act took effect on , and its database-right provisions in Sections 88 and 89 to 94 applied from that day in the wording then enacted.
Act 216/2006 Coll. inserted Section 88a, which gives the maker its right and restarts the term after a new substantial investment. The same Act inserted Sections 105a and 105b, which set the fines for unauthorized use of a database. Act 216/2006 Coll. took effect on , the day it was promulgated.
When LexLint raises it
When your app profile says your app crawls the web or trains models.
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