People will be fined up to 100,000 for unsolicited commercial communications

People will probably face a fine of up to CZK 100,000 for sending unsolicited commercial communications without the recipient’s consent. Companies will face a penalty of up to ten million euros for this offense, as before. The Office will impose penalties for unsolicited commercial communications for Personal Data Protection.

This is provided for in the amendment on certain information society services, and the Senate approved that. The draft will now be submitted to the President for signature.

The amendment transposes into Czech law the rules of a new European regulation that affects problems in providing intermediary services on the internet.

The amendment will give new supervisory powers to the Czech Telecommunications Office (CTU), which will oversee the obligations arising from the European regulation governing online intermediary services.

The Parliament’s Economic Committee has introduced a provision in the amendment according to which the CTU will always warn the provider of intermediary services or the provider of an internet search engine of its misconduct in the event of a minor breach and invite it to remedy it within 15 days.

If the misconduct is not corrected, the CTU should treat it as an offense.

The amendment is also intended to prevent discrimination against applications of small and medium-sized enterprises in favor of applications of large companies by ISPs.

It also addresses the unjustified removal of a business from the electronic marketplace or its poor ranking in search results. These offenses are also to be newly included under the ten million penalty.