further process the subject’s name, surname and address in spite of the fact that the data
subject expressed his/her disagreement therewith in accordance with paragraph 5.
5
These provisions were in fact invalidated by coming into force of the GDPR,
which also contains specification with regard to direct marketing in Article
21 concerning the right to object, in particular in subsections 2–4. The text of the
provisions reads as follows:
2. Where personal data are processed for direct marketing purposes, the data subject shall
have the right to object at any time to processing of personal data concerning him or her
for such marketing, which includes profiling to the extent that it is related to such direct
marketing.
3. Where the data subject objects to processing for direct marketing purposes, the personal
data shall no longer be processed for such purposes.
4. At the latest at the time of the first communication with the data subject, the right referred
to in paragraphs 1 and 2 shall be explicitly brought to the attention of the data subject and
shall be presented clearly and separately from any other information.
Cookies and similar technologies are regulated in Section 89 subsection 3 of Act
No. 127/2005 Sb., on Electronic Communications (Electronic Communications
Act). This act incorporates into the Czech legal system the “cookie provision”, as
provided in the Article 5 subsection 3 of the Directive (EU) 2002/58/EC concerning
the processing of personal data and the protection of privacy in the electronic
communications sector (e-Privacy Directive).
6 As to the scope and substance of
the national implementation of cookies and similar technologies, the Czech law uses
the same definition as the e-Privacy Directive. Section 89 subsection 3 reads as
follows:
Anybody wishing to use, or using, the electronic communications network for the storage of
data or for gaining access to the data stored in the subscribers’ or users’ terminal equipment
shall inform those subscribers or users beforehand in a provable manner about the extent and
purpose of processing such data and shall offer them the option to refuse such processing.
This obligation does not apply to activities relating to technical storage or access and serving
exclusively for the purposes of message transmission via the electronic communications
network, nor does it apply to the cases where such technical storage or access activities are
needed for the provision of an information society service explicitly requested by the
subscriber or user.
The provision regulates all situations, where there is an intention to use an
electronic communications network for the storage of data or for access to the data
stored in the subscriber’s or user’s terminal equipment. However, there is a divergence between the wording of the Directive and the Czech implementation. Strictly
speaking, the opt-in principle was not incorporated into the Czech provision. The
5 Unofficial translation of the Czech Office for the Protection of Personal Data. Available online:
https://www.uoou.cz/en/vismo/zobraz_dok.asp?id_org¼200156&id_ktg¼1107&archiv¼0&
p1¼1105.
6 See in Czech: Chudomelová et al. (2016), pp. 295–298.
122
R. Polčák et al.
subject expressed his/her disagreement therewith in accordance with paragraph 5.
5
These provisions were in fact invalidated by coming into force of the GDPR,
which also contains specification with regard to direct marketing in Article
21 concerning the right to object, in particular in subsections 2–4. The text of the
provisions reads as follows:
2. Where personal data are processed for direct marketing purposes, the data subject shall
have the right to object at any time to processing of personal data concerning him or her
for such marketing, which includes profiling to the extent that it is related to such direct
marketing.
3. Where the data subject objects to processing for direct marketing purposes, the personal
data shall no longer be processed for such purposes.
4. At the latest at the time of the first communication with the data subject, the right referred
to in paragraphs 1 and 2 shall be explicitly brought to the attention of the data subject and
shall be presented clearly and separately from any other information.
Cookies and similar technologies are regulated in Section 89 subsection 3 of Act
No. 127/2005 Sb., on Electronic Communications (Electronic Communications
Act). This act incorporates into the Czech legal system the “cookie provision”, as
provided in the Article 5 subsection 3 of the Directive (EU) 2002/58/EC concerning
the processing of personal data and the protection of privacy in the electronic
communications sector (e-Privacy Directive).
6 As to the scope and substance of
the national implementation of cookies and similar technologies, the Czech law uses
the same definition as the e-Privacy Directive. Section 89 subsection 3 reads as
follows:
Anybody wishing to use, or using, the electronic communications network for the storage of
data or for gaining access to the data stored in the subscribers’ or users’ terminal equipment
shall inform those subscribers or users beforehand in a provable manner about the extent and
purpose of processing such data and shall offer them the option to refuse such processing.
This obligation does not apply to activities relating to technical storage or access and serving
exclusively for the purposes of message transmission via the electronic communications
network, nor does it apply to the cases where such technical storage or access activities are
needed for the provision of an information society service explicitly requested by the
subscriber or user.
The provision regulates all situations, where there is an intention to use an
electronic communications network for the storage of data or for access to the data
stored in the subscriber’s or user’s terminal equipment. However, there is a divergence between the wording of the Directive and the Czech implementation. Strictly
speaking, the opt-in principle was not incorporated into the Czech provision. The
5 Unofficial translation of the Czech Office for the Protection of Personal Data. Available online:
https://www.uoou.cz/en/vismo/zobraz_dok.asp?id_org¼200156&id_ktg¼1107&archiv¼0&
p1¼1105.
6 See in Czech: Chudomelová et al. (2016), pp. 295–298.
122
R. Polčák et al.