Czech Republic. ePrivacy / marketing. Act
Electronic Communications ActAct No. 127/2005 Coll. on Electronic Communications (§89(3) cookies) and Act No. 480/2004 Coll. on Certain Information Society Services (marketing)
In force
Partly verified
Medium confidence. No verification notes recorded.§1Summary
- Synopsis
Czech law requires prior opt-in consent for non-essential cookies since 2022 under the Electronic Communications Act, while Act 480/2004 regulates unsolicited commercial e-mail with an opt-in and soft opt-in.
- Key themes
- Unique features
Czechia was among the last member states to switch from opt-out to opt-in for cookies (January 2022).
- SaaS relevance
Any SaaS website, app or product that sets non-essential cookies/SDKs or sends marketing emails/SMS to users in this country needs prior consent (subject to exemptions) under this law, regardless of where the provider is based.
§2Obligations
- Extraterritorial
- Yes
- Breach notification
- Telecom providers: authority notification under Reg 611/2013; otherwise GDPR
- DPO
- No
- Cross-border transfers
- None
- Maximum penalty
- Fines under the acts; GDPR fines
§3Dates
- Key dates
- Adopted
- In force
- Opt-in cookie consent introduced by Act 374/2021 Coll. from 2022-01-01
§4Text and authority
- Text
- Authoritative text e-sbirka.cz
- Authority
- Úřad pro ochranu osobních údajů (ÚOOÚ) for cookies and commercial communications; Czech Telecommunication Office (ČTÚ) for telecom
§5Where it applies
- Domestic law of
- Czech Republic
§6Sources and verification
- Sources consulted
- Verification
Medium confidence.
Partly verified
Medium confidence. No verification notes recorded.