Czech RepublicAct No. 127/2005 on Electronic Communications, Section 89(3), Consent for Storing or Reading Information on Terminal Equipment
Zákon č. 127/2005 Sb., § 89 odst. 3
In force since .
A device storage and tracking consent rule binding public and private bodies.
- Obligation class
- Consent
As of .
What it requires
- Obtain the subscriber's or user's provable consent, in advance, to the scope and purpose of the processing before you store data in, or gain access to data stored in, their terminal equipment through an electronic communications network, unless the storage or access is solely for the transmission of a message or is necessary for an information society service that the subscriber or user has expressly requested.
These lines are LexLint's reading of the law's text, as of . Also read by: Úřad pro ochranu osobních údajů (ÚOOÚ) (guidance, recorded ); Case C-673/17 Planet49, judgment of the Court of Justice of (recorded ).
In the frameworks
- NIST Privacy Framework
- CT.PO-P1Policies, processes, and procedures for authorizing data processing (e.g., organizational decisions, individual consent), revoking authorizations, and maintaining authorizations are established and in place.
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
Who enforces it
Settledness
- As of
- Case link
- https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:62017CJ0673
- Guidance link
- https://uoou.cz/casto-kladene-otazky-ohledne-souhlasu-s-cookies-udeleneho-prostrednictvim-tzv-cookie-listy/ds-6912/archiv=1&p1=2619
- Case citation
- Case C-673/17 Planet49, judgment of the Court of Justice of
- Guidance body
- Úřad pro ochranu osobních údajů (ÚOOÚ)
What this law does
Section 89(3) of Act No. 127/2005 requires anyone who intends to use, or uses, electronic communications networks to store data in the terminal equipment of subscribers or users, or to gain access to data stored there, to obtain their provable consent in advance to the scope and purpose of the processing.
The obligation does not apply to technical storage or access solely for the transmission of a message through an electronic communications network, or where it is necessary for providing an information society service that the subscriber or user has expressly requested. Act No. 374/2021 replaced the earlier duty to inform users in advance and offer them a way to refuse the processing with this consent requirement. That amendment took effect on .
When LexLint raises it
When your app profile says your app tracks devices.