New Czech law on e-commerce

Czech Republic

On 7 September 2004, a new law came into force implementing those parts of the EU Directive 2000/31/EC on e-commerce which have not already been introduced into Czech law.

The main changes introduced by the new law are:

  •  imposing limits on the extent to which online service providers can be liable for providing access to the network or for the content that they convey or store – previously this was a matter for agreement between service provider and recipient.
  •  limiting the use of spam and other unsolicited communications – particularly where recipients have added their names to opt-out registers. Although addressed in the previous legislation, the complexity of the issue has led to more specific regulation of this area
  • requiring commercial communications from members of regulated professions to comply with the rules and codes of conduct of their profession as regards independence, honesty, fairness, confidentiality, dignity, honour etc.
  • making failure to comply with the new laws punishable by a fine of up to €300,000. 

For further information, please contact Jaroslav Tajbr at jaroslav.tajbr@cms-cmck.com or Michal Smrek at michal.smrek@cms-cmck.com or on +420 221 098 888.