ILN Data Privacy Paper

Czech Republic

and provision of relevant services by selected obliged persons is regulated, namely, by the Cyber Security Act. Regulation of electronic and non-electronic data There is no special regulation distinguishing the data based on the form of data (electronic or non- electronic), the regulation of personal data applies to all data disregarding their form, with very few exceptions (such as special regulation for direct marketing via e- mail or phone calls, which is regulated mainly by the Act on Certain Information Society Services and the Act on Electronic Communications). 3.1.4 Other key definitions pertaining to data and its processing The definitions are the same as in the GDPR; the Act on Personal Data Processing does not contain any different or special definitions related to personal data and its processing. 3.2. Statutory exemptions There are only a few exemptions or special requirements under the Czech law in addition to the GDPR. The most important ones are briefly described below: The implementation of Article 6.2 of GDPR: Article 6.2 of GDPR has only been partially addressed in the Act on Processing of Personal Data, namely in Title II, Personal Data Processing Pursuant to Directly Applicable Regulation of

the European Union (i.e., GDPR), Chapter 1 (namely sections 5, 6, 8, 9, 10, 11, 12, and 14). Chapter 2 deals with Personal Data Processing for Journalistic Purposes or Purposes of Academic, Artistic, or Literary Expression. The implementation of Article 8.1. of GDPR: Under section 7 of the Act on Personal Data Processing, there is a fifteen-year-old limit for a child to grant consent to personal data processing in relation to an offer of information society services addressed directly to the child (for more details see point 7 below).

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