Czech RepublicAct No. 127/2005 on Electronic Communications, Section 96(1), (2) and (4), Direct Marketing by Electronic Communications
Zákon č. 127/2005 Sb., § 96 odst. 1, 2 a 4
In force since .
A telephone contact rule binding public and private bodies.
- Obligation class
- Consent, Prohibition
As of .
What it requires
- Do not offer marketing advertising or a similar offer of goods or services through electronic communications networks or services to subscribers or users who have not stated, in the public directory, that they wish to be contacted for marketing.
- Obtain the subscriber's or user's prior consent before you use a subscriber directory, or an electronic communications network or service, for direct marketing by an automated calling system without human involvement, by fax machine or by electronic mail.
- Apply both rules to subscribers that are legal persons as well as to individuals.
These lines are LexLint's reading of the law's text, as of . Also read by: Český telekomunikační úřad (ČTÚ), with the Úřad pro ochranu osobních údajů and the Ministry of Industry and Trade (guidance, 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.
- FINOS AIGF
- AIR-PREV-005System Acceptance Testing
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
- Guidance link
- https://ctu.gov.cz/sites/default/files/obsah/ctu-new/telekomunikace/telemarketing/vykladove-stanovisko-telemarketing-a-faq.pdf
- Guidance body
- Český telekomunikační úřad (ČTÚ), with the Úřad pro ochranu osobních údajů and the Ministry of Industry and Trade
What this law does
Section 96(1) bans offering marketing advertising or a similar offer of goods or services through electronic communications networks or services to subscribers or users who have not stated, in the public directory under Section 95, that they wish to be contacted for marketing.
Section 96(2) bans using subscriber directories, or an electronic communications network or service, for direct marketing by automated calling systems without human involvement, by fax machines or by electronic mail unless the subscriber or user concerned has given prior consent. Section 96(4) applies Sections 95 and 96 equally to the data of subscribers that are legal persons.
Act No. 468/2011 inserted the ban in Section 96(2) on automated calling systems, fax machines and electronic mail used for direct marketing without prior consent.
When LexLint raises it
When your app profile says your app sends automated outreach.