A revolution in electronic communications is coming

In January 2022, a small revolution will take place in Czech legislation around governing electronic communications. The change was initiated by an amendment to the respective act, approved in September, which transposes the European Code into Czech law. The amendment itself will bring three major innovations to Czech legislation including cookie administration, telemarketing and increasing consumer protection. It will impact website and app operators, call center operations and internet providers.

Over the last ten years, the demand for high quality, fixed and wireless internet access has increased significantly alongside the popularity of services in the areas of internet content, cloud services, the Internet of Things (IoT) and machine-to-machine (M2M) communications. Regulation of these services is necessary as the demands on network capabilities continue to increase. Not only does the bandwidth for connectivity need to increase, but latency, availability and reliability need to improve as well. The aim of the amendment is for every citizen and business in the European Union to have quality access to the Internet network while harmonising regulation across Member States.

Cookies

The first innovation is the change made to rules tracking technologies and the use of cookies, along with accessing data on a user's device. This data is used for online marketing purposes and to analyse the interests of users as they navigate the website. A new opt-in mode has been introduced, i.e. the need to obtain the user's active consent to allow cookies on the website. The exception to this mode are cookies necessary for the functioning of the website itself or another service explicitly agreed to by the user. This includes cookies needed solely to place items in a shopping cart and to complete an order.

In practice, it is necessary to modify the cookie bars, as they mostly operate on an opt-out basis, allowing website operators to access users' devices relatively freely until the user opts out. At the same time, it will be necessary to modify the information on data processing and management, especially in relation to the use of cookies.

Opt-in mode for telemarketing

The second significant innovation is the need for explicit opt-in consent for the use of telephone numbers and other identifiers used in telemarketing. This consent makes it much easier for users to defend themselves against unsolicited marketing calls. Currently, if a person does not wish to be harassed by marketing calls, they must actively express their opposition in a so-called public opt-out list.

Therefore, it is now a legal obligation to obtain the user’s prior consent before accessing their telephone number.

Strengthening consumer protection in contractual relations

The amendment also strengthens consumer protection by ensuring that consumer contracts now contain more information. The entire disclosure method process is also refined and formalised. Contracts regulated by the Electronic Communications Act, i.e. for internet connections, will be easier to terminate by the consumer. The whole process will then become more transparent, as users will receive more detailed information about services and be able to compare them more easily in order to choose which is most suitable. Consumers will also have the right to switch internet providers without the risk of service interruption.

Other changes

Other notable changes include universal service being extended to low-income groups and providers having to ensure access to affordable voice communication services. The amendment also introduces more accurate caller location from a mobile phone using GPS coordinates, which is particularly useful for security forces. From 1 January 2022, it will be possible to provide users with free public alerts regarding imminent or occurring emergencies by SMS.

Overall, this is a massive and welcomed step forward in the field of electronic communications. The change particularly empowers users of electronic communications by giving them more rights in their dealings with Internet access providers, their access to voice communication services and their use of the Internet and cookies.

At the same time, access to scarce resources, including numbers or frequencies, will be strengthened by removing the fragmentation of various regulations. This will allow network operators and service providers to benefit from economies of scale, providing better conditions for easier deployment of electronic communications networks and service provision.