SlovakiaElectronic Communications Act, Section 109, Paragraph 8, Consent for Storing or Accessing Information on a User's Terminal Device
Zákon 452/2021 Z. z., § 109 ods. 8
In force since .
A device storage and tracking consent rule binding public and private bodies.
- Obligation class
- Consent
As of .
What it requires
- Store information in a user's terminal device, or gain access to information stored there, only if the user has given provable consent meeting the requirements of a special regulation. Technical storage or access whose only purpose is the transmission of a message through a network, or that is unconditionally necessary for you to provide an information society service the user expressly requests, is not prevented (section 109, paragraph 8).
If you get it wrong
Penalty structure
Section 124, paragraph 3 sets the fine at EUR 200 up to 5 percent of turnover for the previous accounting period, and paragraph 6 limits it to EUR 300,000 where the person had no turnover or the turnover cannot be calculated.
- Rule
- Turnover pct only
- As of
- Minimum
- 200
- Currency
- EUR
- Turnover percentage cap
- 5
Who enforces it
Enforcement body
The Regulatory Authority for Electronic Communications and Postal Services (Úrad pre reguláciu elektronických komunikácií a poštových služieb), which imposes the fine (section 124).
What this law does
Section 109, paragraph 8 of the Electronic Communications Act allows anyone who stores information in a user's terminal device, or gains access to information stored there, to do so only if the user has given provable consent meeting the requirements of a special regulation. The duty to obtain consent does not apply to a law enforcement authority or another state authority.
The consent duty does not prevent technical storage of data or access to it whose only purpose is the transmission or facilitation of the transmission of a message through a network, or that is unconditionally necessary for the provider of an information society service to provide a service the user expressly requests. Section 124, paragraph 3 makes a breach of section 109, paragraph 8 punishable by a fine of EUR 200 up to 5 percent of turnover for the previous accounting period.
Section 124, paragraph 6 limits the fine under paragraphs 1 to 3 to EUR 300,000 where the person had no turnover for the previous accounting period or the turnover cannot be calculated.
When LexLint raises it
When your app profile says your app tracks devices.