Czech RepublicElectronic Communications Act (Zákon o elektronických komunikacích), Security and Integrity of Public Networks and Services
In force since .
A sector security regimes rule binding private bodies.
- Instrument type
- an act of a legislature
- Obligation class
- Security, Governance
What it requires
- 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.
These lines are LexLint's reading of the law's text.
If you get it wrong
Criminal exposureNo
Private right of actionNo
Criminal exposure note
A failure to ensure security and integrity under Section 98(1) is an administrative offence (přestupek) of a legal person or sole trader under Section 118(14)(g), not a criminal offence.
Penalty structure
Section 118(26)(c) sets the fine for an offence under Section 118(14)(a) to (g) at up to CZK 50,000,000 or up to 10 percent of the offender's net turnover for the last closed accounting period, whichever is higher.
- Rule
- Higher of
- As of
- Currency
- CZK
- Fixed cap
- 50,000,000
- Turnover percentage cap
- 10
Who enforces it
Enforcement body
The Czech Telecommunication Office (Český telekomunikační úřad), the central administrative authority for the matters the Act lays down (Section 3(1)).
Settledness
- As of
What this law does
Section 98(1) of Act No. 127/2005 Coll. requires a person providing a public communications network or a publicly available electronic communications service to ensure the security and integrity of its network and the security of the services it provides. Under Section 98(1) that person must adopt technical and organisational rules that give a level of security matching the existing risk, in order to prevent or minimise the impact of security incidents on users and on networks and services.
Under Section 98(6) the Czech Telecommunication Office may order that person to carry out a security audit by a qualified independent body at the person's cost, and the person must on request give the Office the information needed to assess security and integrity. Under Section 98(7), where the Office has identified a significant threat to the security and integrity of a network or service, it decides by order what measures the person must carry out and by when.
A failure to ensure security and integrity under Section 98(1) is an administrative offence under Section 118(14)(g), punishable by a fine of up to CZK 50,000,000 or up to 10 percent of net turnover, whichever is higher. Section 98(9) disapplies the Section 98(1) and (6) to (8) duties to the extent a breach of security or integrity originates in cyberspace and similar information duties apply under the Cybersecurity Act.
When LexLint raises it
When your app profile says your app provides telecom services.
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