not permitted, if it is not clearly marked as commercial communication; if the
identity of the sender is concealed; or if the message is sent without a valid e-mail
address, where the recipient may directly and effectively send a message that further
commercial communication is undesirable.
4
With regard to regulated professions, the commercial communication through
electronic means is permissible under above described conditions, if it is further in
compliance with the rules of conduct published by the commercial, professional or
consumer organizations. An emphasis is given to advancement of professional
independence, dignity, honour and honest conduct towards customers. The commercial communication of a regulated profession must further contain the name of
the professional self-governing chamber established by law, where the entity is
registered; link to the professional rules of conduct applicable in the member state
of EU, where the entity is established; and a form of permanent public access to
information about the respective professional self-governing chamber established
by law.
The formerly applicable Act No. 101/2000 Sb. contained additional specific
provisions covering personal data processing in the context of commercial communication. However, it did not differentiate between electronic and non-electronic
communication. It is a little peculiarity, that these rather specific provisions were part
of the same section, which enlisted the general duties of the controller. The text of
Section 5 subsections 6 to 9 read as follows:
(5) If the controller or processor carries out personal data processing for the purpose of
offering business or services to the data subject, the data subject’s name, surname and
address may be used for this purpose provided that the data were acquired from a public
list or in relation to his activity of controller or processor. The controller or processor,
however, may not further process the data specified above if the data subject has
expressed his disagreement therewith. The disagreement with processing must be
expressed in writing. No additional personal data may be added to the data specified
above without the consent of data subject.
(6) The controller who processes personal data pursuant to paragraph 5 may transfer these
data to other controller only under the following conditions:
(a) the data on the data subject were obtained in relation to activities of the controller or
the personal data in question were made public;
(b) the data shall be used exclusively for the purpose of offering business and services;
(c) the data subject has been notified in advance of this procedure of the controller and
the data subject has not expressed disagreement with this procedure.
(7) Other controller to whom data pursuant to paragraph 6 have been transferred may not
transfer these data to any other person.
(8) Disagreement with processing pursuant to paragraph 6(c) must be expressed by the data
subject in writing. The controller shall be obliged to notify each controller to whom he
has transferred the name, surname and address of the data subject of the fact that the data
subject has expressed disagreement with the processing.
(9) To eliminate the possibility that the name, surname and address of the data subject are
repeatedly used for offering business and services, the controller shall be entitled to
4 See in Czech: Maisner (2016), pp. 15–27.
National Report: Czech Republic
121
identity of the sender is concealed; or if the message is sent without a valid e-mail
address, where the recipient may directly and effectively send a message that further
commercial communication is undesirable.
4
With regard to regulated professions, the commercial communication through
electronic means is permissible under above described conditions, if it is further in
compliance with the rules of conduct published by the commercial, professional or
consumer organizations. An emphasis is given to advancement of professional
independence, dignity, honour and honest conduct towards customers. The commercial communication of a regulated profession must further contain the name of
the professional self-governing chamber established by law, where the entity is
registered; link to the professional rules of conduct applicable in the member state
of EU, where the entity is established; and a form of permanent public access to
information about the respective professional self-governing chamber established
by law.
The formerly applicable Act No. 101/2000 Sb. contained additional specific
provisions covering personal data processing in the context of commercial communication. However, it did not differentiate between electronic and non-electronic
communication. It is a little peculiarity, that these rather specific provisions were part
of the same section, which enlisted the general duties of the controller. The text of
Section 5 subsections 6 to 9 read as follows:
(5) If the controller or processor carries out personal data processing for the purpose of
offering business or services to the data subject, the data subject’s name, surname and
address may be used for this purpose provided that the data were acquired from a public
list or in relation to his activity of controller or processor. The controller or processor,
however, may not further process the data specified above if the data subject has
expressed his disagreement therewith. The disagreement with processing must be
expressed in writing. No additional personal data may be added to the data specified
above without the consent of data subject.
(6) The controller who processes personal data pursuant to paragraph 5 may transfer these
data to other controller only under the following conditions:
(a) the data on the data subject were obtained in relation to activities of the controller or
the personal data in question were made public;
(b) the data shall be used exclusively for the purpose of offering business and services;
(c) the data subject has been notified in advance of this procedure of the controller and
the data subject has not expressed disagreement with this procedure.
(7) Other controller to whom data pursuant to paragraph 6 have been transferred may not
transfer these data to any other person.
(8) Disagreement with processing pursuant to paragraph 6(c) must be expressed by the data
subject in writing. The controller shall be obliged to notify each controller to whom he
has transferred the name, surname and address of the data subject of the fact that the data
subject has expressed disagreement with the processing.
(9) To eliminate the possibility that the name, surname and address of the data subject are
repeatedly used for offering business and services, the controller shall be entitled to
4 See in Czech: Maisner (2016), pp. 15–27.
National Report: Czech Republic
121