Act No. 300/2008 Coll. on electronic acts and authorized document conversion

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(valid from January 1, 2013)

300/2008 Coll.

ACT

of 17 July 2008

on electronic acts and authorized document conversion

as amended by Act No. 190/2009 Coll., Act No. 219/2009 Coll., Act No. 227/2009 Coll., Act No. 263/2011 Coll., Act No. 167/2012 Coll. and Act No. 503/2012 Coll.

Parliament passed the Act of the Czech Republic:

Subject Matter

(1) This Act regulates

a) Electronic acts of state authorities, local governments, state funds, health insurance, Czech Radio, Czech Television, autonomous panels established by law, notaries and judicial executors (hereinafter referred to as “public authority”) to natural and legal persons, electronic acts of natural persons and legal entities against public authorities and electronic transactions between public authorities with each other through data boxes
b) delivery of documents of individuals, self-employed natural persons and legal entities through data boxes
c) data exchange system,
d) authorized conversion of documents 1) (the “Conversion”).

(2) This Act shall not apply to documents that contain classified information 2).

The data box

(1) The data box is an electronic repository that is designed to

a) delivery of public authorities,
b) of interacting with public authorities
c) delivery of documents of individuals, self-employed natural persons and legal entities.

(2) Data boxes set up and administered by the Ministry of the Interior (hereinafter referred to as the “Ministry”).

The data box individuals

(1) The data mailbox individuals set up free of charge at the request of the Ministry of the natural person who is fully qualified to perform legal acts, within 3 working days of the request.

(2) A natural person is entitled to set up a data mailbox individuals.

(3) The requirements for an application for the establishment of a data mailbox individuals are

a) the name or names, surname and any amendment thereto,
b) maiden name,
c) the date, month and year of birth,
d) the place and district of birth, if a natural person born in a foreign country, the place of birth and the state in which the born
e) citizenship, unless an individual citizen of the Czech Republic.

(4) An application for the establishment of individual data box must contain the signature of a certified person.

(5) Where the application for setting up a data mailbox individuals requirements set out in paragraphs 3 and 4, the Ministry will establish a data box of a natural person, or an individual after previous futile challenge to eliminate shortcomings in the application shall inform that individual data box can not be established . If an individual has established a data box individual or if full legal capacity, it shall notify the Department that the data box individuals can not be established.

Data box-employed individual

(1) The data mailbox enterprising individuals set up free of charge at the request of the Ministry of the person within 3 working days of the request.

(2) Entrepreneurs are entitled to set up a data mailbox enterprising individuals.

(3) The data mailbox enterprising individuals set up free ministry lawyers, tax advisers and insolvency administrators immediately after receiving information about their inclusion in the statutory records. The provisions of paragraph 2 shall apply to lawyers, tax advisers and insolvency administrators analogy.

(4) The requirements for an application for the establishment of a data box enterprising individuals are

a) the name or names and surname or company name,
b) maiden name,
c) the date, month and year of birth,
d) the place and district of birth, if a natural person born in a foreign country, the place of birth and the state in which the born
e) citizenship, if a natural person is a citizen of the Czech Republic,
f) identification number, if assigned;
g) place of business or residence.

(5) An application for setting up a data mailbox employed individual must include a certified signature enterprising individuals.

(6) Where the application for setting up a data mailbox employed individual requirements set out in paragraphs 4 and 5, the Ministry will establish a data box-employed individual, business or individual after previous futile challenge to eliminate shortcomings in the application shall inform the data box business individuals can not be established. If a natural person has established a data box enterprising individuals Ministry will notify the data box-employed individual can set up.

The data box legal entities

(1) The data mailbox set up a legal entity ministry free legal entity established by law, a legal entity registered in the Commercial Register and the organizational unit of a foreign legal entities registered in the Commercial Register, in the case of a legal entity established by law immediately after its formation, in the case of a legal person incorporated a branch of a foreign legal entity incorporated immediately after receiving information on its entry in the Commercial Register.

(2) A legal person that is not listed in paragraph 1, the Ministry will establish a data box free legal person at his request within 3 working days of the request.

(3) A legal person is entitled to set up a data mailbox legal entity.

(4) The requirements for an application for the establishment of a data box legal entities are

a) the name or business name,
b) identification number, and has not been assigned, registration number, registration number or other equivalent data if it has been assigned,
c) the address of the registered office,
d) the name or names, surname, date of birth and address of the residence of the person authorized to act on behalf of the legal person,
e) The country of incorporation or registration of a legal entity.

(5) An application for the establishment of a legal entity data box must contain a certified signature of the person authorized to act on behalf of the legal person.

(6) Where the application for the establishment of a legal entity data box requirements set out in paragraphs 4 and 5, the Ministry will establish a data box of a legal person, or a legal person after previous futile challenge to eliminate shortcomings in the application shall inform the data box of a legal person can not be established . If a legal entity has established a data box of a legal person, it shall notify the Department that the data box of a legal person can not be established.

Carries a natural or legal person working in the area of public administration, at the request of her ministry will make its data box also fulfill the function of a data box according to § 6 The application pursuant to the first sentence of a natural or legal person shall certify that exercises powers in the field of public administration. If so requested by the natural or legal person under the first sentence or lost if the natural or legal person working in the area of public administration, the ministry also will not allow its data box also fulfill the function of a data box according to § 6 The fact that it ceased working in the area of public administration, natural or legal person under the first sentence immediately inform the Ministry. The Ministry will establish a legal person referred to in the first sentence at the request of other free data box also legal entities performing the function of a data box according to § 6 § 6 para 2 to 4 shall apply mutatis mutandis.

The data box public authority

(1) The data mailbox public authority shall establish a ministry free public authority, without delay after its establishment, and in the case of notaries and judicial executors immediately after receiving information about their inclusion in the statutory records.

(2) Other data boxes set up a public authority in the Ministry of public authority free of charge upon request by the authority within 3 working days of the request. The data box under the first sentence establishes a particular need for an internal organizational unit of a public authority or enforcement of specific agenda or activities of a public authority.

(3) Particulars of a data box open another public authority are

a) the name of the public authority and the name of the internal organizational unit of a public authority, for which the need to set up a data box name or agenda or activities of a public authority, for which the need to set up a data box,
b) the identification number of the business, if any,
c) the address of the registered office,
d) the name or names, surname, date of birth and residence address of the person to be sent access details.

(4) Where the application to open another data box public authority requirements set out in paragraph 3, the Ministry will establish additional data box of the public can access information and sends this data to the clipboard person pursuant to paragraph 3. d) into their own hands, otherwise the public authority after previous futile challenge to eliminate shortcomings in the application shall inform that other data box by a public authority can not be established.

(5) A public authority is established only data box public authority.

Special provisions on data boxes of local and regional

governments

(1) The authorities of the territorial self up one data box to a public authority has requested the local government unit to open another data box public authority.

(2) The authorities of the city of Prague is one data box establishes a public authority has requested the district of Prague to open another data box public authority. For municipal authorities or city district territorially subdivided statutory cities up one data box public authority asks if regionally distributed the City to open another data box public authority.

(3) For the purposes of this Act, the head of a public authority considers the Regional President, Mayor of Prague Mayor, Mayor of the City of Prague and the mayor or city district territorially subdivided statutory cities.

Persons authorized to access the data box

(1) The access into the mailbox of a natural person is entitled to an individual for whom data box has been set up.

(2) The access to the data box-employed individual is entitled to a natural person for whom the data box activated.

(3) The access into the mailbox of a legal person is entitled to the statutory body of a legal person, member of the statutory body of a legal person or the head of the branch of a foreign legal entity registered in the Commercial Register, for which the data box activated.

(4) The access into the mailbox of a public authority is entitled to the leading public body for which data box has been set up.

(5) Unless otherwise provided, only persons referred to in paragraphs 1 to 4 are authorized to do the acts referred to in § 11, 4 and 6 Scope of access of persons referred to in paragraphs 1 to 4 to the data box includes access to documents designated to the addressee.

(6) To access the data box is also authorized to delegate, which is

a) for natural persons, data boxes and data boxes employed individual natural person authorized by the person to whom the data box established, to the extent it had determined,
b) for legal persons data boxes natural person authorized by the statutory body of a legal person or the head of the organizational unit of a foreign legal entity registered in the Commercial Register, for which the data box established, and to the extent specified by them,
c) in the data box public authority designated individual leading public body for which it was established data box, and to the extent defined therein.

(7) The persons referred to in paragraphs 1 to 4 may determine that the acts of which they are subject under this Act in relation to authorized persons and ministry may be a natural person for this purpose (the “Administrator”).

(8) The authorized person is entitled to access to the documents identified to the addressee only if so provided by the person referred to in paragraphs 1 to 4, or administrator.

(9) Persons authorized to access the data boxes are required

a) use a data box manner which does not endanger the security of the information system of data boxes
b) immediately inform the Ministry that the risk of misuse of data boxes; authorized person shall also inform the person who designated competent person.

Access data

(1) A person authorized to access the data box to access it by logging data.

(2) A person authorized to access the data box is required to treat the access data so that it can not be misused.

(3) Log in paragraph 1 guarantees issued by the Ministry through access data or electronic means, electronically readable identification documents 10) or by electronic means of third parties. Particulars access data and electronic devices to log the ministry’s decree. Provision of access to information apply mutatis mutandis to electronic means, and electronically readable identification documents pursuant to the first sentence.

(4) The Ministry shall issue a decree technical conditions and safety principles for access to the data box.

Accessing data boxes

(1) The Ministry shall in their own hands the access data to the data box person specified in § 8, paragraph 1-4 immediately after the establishment of a data box.

(2) Data box is opened first login person referred to in § 8, paragraph 1-4, but not later than the fifteenth day after the date of receipt of the access data to these parties.

(3) At the request of the person referred to in § 8, paragraph 1-4 or administrator ministry sends data to access the data box authorized person into their own hands.

Become inaccessible data boxes

(1) The Ministry of unavailable data box natural persons and legal persons, possibly even retroactively, as of

a) the death of the person for whom the data box is set up,
b) specified in a court decision on the declaration of death as the date of death of that person,
c) when the decision regarding the waiver or limitation of that person’s legal capacity,
d) when the person was limited to personal liberty by reason of detention, imprisonment, security detention, protective treatment or protection of public health.

(2) The Ministry of unavailable data box enterprising natural persons and legal persons, possibly retroactively to the date of its removal from the statutory records.

(3) The Ministry of unavailable data box legal entities established by law and the data box by a public authority on its abolition, and in the case of a notary or bailiff, to the date of termination functions, possibly retroactively.

(4) Ministry data box disables individuals, self-employed individuals, legal person or public body may also, at the request of the person or public body, which was established data box, or administrator, if the data box, set up by the Ministry upon request .

(5) Data box is locked up no later than the third business day following the date of the application under paragraph 4

(6) data box withheld from individuals, self-employed individuals, legal person or public body shall make available at the request of the Ministry of the person or public body, which was established data box, or administrator within 3 working days of the request. If the data box on the application locked up twice in the last year, it can be made available earlier than the expiry of 1 year from its last disablement.

Invalidating access data

(1) The Ministry shall invalidate access details of the person authorized to access the data box immediately after the announcement, especially when lost or stolen access data, and sends this person into the hands of new access data.

(2) The Ministry shall invalidate the access data to the authorized person in the event of cancellation of the designation under § 8, paragraph 6, immediately after notification of the persons referred to in § 8, paragraph 1-4 or the administrator and inform the designated person whose data is invalidated, and the person who the invalidation asked.

(3) The Ministry shall invalidate the access data to the statutory body of a legal person or a member shall cease to be a statutory body of a legal person or a member, the head of the organizational unit of a foreign legal entity registered in the commercial register, ceases to be the leading branch of a foreign legal entity incorporated, and the head of the public authority ceases to be a leading public authority immediately after notification of this fact, a new statutory body of a legal person or a member, the new head of the organizational unit of a foreign legal entity registered in the Commercial Register, the new governing body public authority or an administrator. The Ministry of Education will send a new statutory body of a legal entity or its member, the new head of the organizational unit of a foreign legal entity registered in the Commercial Register, the new head of the public can access new information into their own hands.

(4) If the person authorized to access the data box sent access information under paragraph 1 again within 3 years (hereinafter referred to as “re-release access data”), the Ministry collects administrative fee set by other legislation 3).

Repeal of data boxes

Ministry cancels

a) data box individuals after 3 years from the date of death of a natural person, or the day which is a judicial decision on the declaration of death as the date of death,
b) data box enterprising individuals after 3 years from the date of cancellation enterprising individuals from the statutory records,
c) a legal entity data box after 3 years from the termination of a legal entity or a branch of a foreign legal entity registered in the Commercial Register, which do not have the legal successor, or the date of their removal from the statutory records,
d) data box public authority after the expiration of 3 years after the date of its cancellation.

Data Box

(1) Data Box is an information system of public administration 4), which contains information about the data boxes and their users.

(2) The administrator of the information system of data boxes is the ministry. The operator of the information system of data boxes is the postal license holder. Reward postal license holder for the operation of the information system of data boxes is determined by price regulations 5). Costs associated with the operation of the information system of data boxes covered by the state from the state budget allocated by the Ministry’s proposal for the stated purpose in the chapter General Treasury Administration 5a).

(3) The information system of data boxes to keep the information on data boxes: 5)

a) data box identifier (hereinafter “identifier”);
b) the date of the creation, access, disablement and withdrawal data box indicating the hours, minutes and seconds
c) the date the person authorized to access the data box in the data box indicating the hours, minutes and seconds, and information identifying the person
d) the date of dispatch of the document or perform an act from the data box indicating the hours, minutes and seconds, and information identifying the person who sent the document or act done,
e) the name or names, surname, date and place of birth, address of permanent residence or another residence in the Czech Republic or home address outside the Czech Republic, a natural person for which it was established data box,
f) the name or names and surname or company name enterprising individuals for which it was established data box, date and place of birth, address of permanent residence for citizens of the Czech Republic, the place where he has a residence permit or a permanent residence in the Czech Republic, including the address, and the address of residence abroad in the case of foreigners, address of residence in a Member State of the European Union, in which it is established, if it is a national of a Member State of the European Union that does not have a residence permit or for permanent residence in the Czech Republic, place of business and identification number, if assigned;
g) the trade name or corporate name for which it was established data box, seat and identification number, if assigned;
h) the name and address of the branch of a foreign legal entity registered in the Commercial Register, has been set up data box,
i) the name of the public authority for which it was established data box, seat and identification number, if assigned;
j) the name or names, surname, date of birth, address of permanent residence or another residence in the Czech Republic or home address outside the Czech Republic a person authorized to access the mailbox, access data, access data links to access information about an individual user accounts pursuant to § 14a, the extent of access and the date of creation and destruction of authorized access to the data box indicating the hours, minutes and seconds
k) the name or names, surname, date of birth, address of permanent residence or another residence in the Czech Republic or home address outside the Czech Republic, the administrator and the date of the determination and termination administrator indicating the hours, minutes and seconds
l) e-mail address, or a similar figure for the delivery notification message data into the mailbox, or contact address to which it should be delivered to the addressee, a list of contact addresses for which consent for publication, heads the Department in a manner allowing remote access,
m) The date and time of the events associated with the operation of the information system of data boxes.

(4) The information referred to in paragraph 3 are private and can not give to others, with the exception of the addresses to which is to be delivered to the addressee, if it was given consent to its publication. Ministry to identify data box so that it could be to delivered.

(5) The administrator and operator information system data box provides adequate safety measures information system of data boxes.

(6) The administrator or operator of an information system of data boxes are not authorized to access the data boxes of others.

(1) The Ministry may, at the request of the person providing their services on the internet, which are accessed through her individual user accounts operated by recipients of such services (hereinafter “ISP”), allow the use of the information system interface, data boxes, which are used for managing access of data and the identity of the persons authorized to access the data boxes and access data links these people to access information to individual user accounts (the “Access Interface”). The application includes a description of the use of access points.

(2) The Ministry shall decide on the application within three months from the date of its submission. Meets the ISP material, personnel, technical, safety and organizational conditions, the Ministry may issue a permit him to use access points. Permit is issued for a period of 5 years.

(3) The Ministry establishes material, personnel, technical, safety and organizational conditions for the use of access points and published in the Bulletin of the Ministry and in a manner allowing remote access. If the Department provides new conditions under the first sentence, the obligation internet service provider must meet the following conditions occurs first on the first day of the third calendar month following the calendar month in which they were published, unless the ministry for a long time.

(4) ISP pays for the use of access points annual fee calculated by multiplying the amount of CZK 100 and the number of user accounts to its services, which, in a given calendar year used access points. The fee is paid by 31 January of the following calendar year. The fee income of the state budget, it selects the Ministry.

(5) The Internet Service Provider is responsible for any damage caused in connection with the use of access points. ISP liability relieved, if he proves that the damage could not be prevented even with all effort that can be required to.

(6) The Ministry monitors your Internet service provider filling material, personnel, technical, safety and organizational conditions for the use of access points.

(7) The Ministry shall decide to revoke the license to use the access interface

a) failing ISP material, personnel, technical, safety and organizational conditions for the use of access points and if it happens within 3 months from the date on which the Ministry pointed to this fact, for correction, or
b) if requested by the ISP.

(8) The Ministry shall maintain a list of ISPs who use the access interface, and publish it in a manner allowing remote access.

List of natural persons, self-employed individuals

legal persons and public authorities which have established a

and disclosure of the data box

(1) The Ministry maintains a public list of individuals, self-employed individuals, legal persons and public authorities which have established a data box and Retrieval (hereinafter referred to as “the holders of data boxes”), which is accessible in a manner allowing remote access. The list is part of the information system of data boxes.

(2) The list of holders of data boxes are broken down into separate parts held for individuals, for business natural persons and legal persons and public authorities.

(3) The list of holders of data box contains the following information about individuals, self-employed individuals, legal persons and public authorities which have established a data box and Retrieval

a) in part led to individuals

1) the name or names, surname, address of permanent residence or another residence in the Czech Republic or home address outside the Czech Republic,

2) identifier,

3) a statement as to whether the data box acts as a data box according to § 6,

b) in part led to self-employed individual

1) the name or names and surname or business name, business address and identification number, if assigned;

2) identifier,

3) a statement as to whether the data box acts as a data box according to § 6,

c) in part led to legal entities

1) business name or name, registered office and identification number, if assigned;

2) identifier or identifiers

3) a statement as to whether the data box acts as a data box according to § 6,

4) if the legal entity set up multiple data boxes legal person, an indication that the data box is another legal person, legal entity data box, if additional data box is a legal entity set up for internal organizational unit of a legal person, the name of this internal organizational units, and if the next data box legal entity established for the purposes of a specific agenda or activities of a legal person, the name of this agenda or activities

d) in part led to public authorities

1) name, address and identification number, if assigned;

2) identifier or identifiers

3) if a public authority established more data boxes to a public authority, an indication that the data box public authority data box is another public authority, if the next data box is a public authority established for the purposes of internal organizational unit body public authority, the name of the internal organizational units, and if the next data box public authority established for the purposes of a specific agenda or activities of a public authority, the name of this agenda or activity.

(4) At the request of an individual who has established a data box and made available, the data held on it in the list of holders of data boxes destroyed.

(5) The Ministry uses the list management data mailbox holders the information kept in the information system of data boxes.

Use of the information system of civil registration and synergies

(1) Ministry for the management information system of data boxes and the establishment and management of data boxes used

a) the basic population register, the reference data:

1) name,

2) the name or names,

3) address of residence,

4) the date, place and district of birth, with the data subject, who was born in a foreign country, date, place and state where he was born,

5) the date, place and district of death, if the death of the data subject outside the Czech Republic, the date of death, place and state in which the death occurred, if it is issued by a court decision declaration of death, the day is in the decision as the date of death or the date on which the data subject is declared dead survived, and the date of entry into force of this Decision,

b) from the information system of civil registration the following information:

1) the name or names, surname, maiden name,

2) identification number,

3) deprivation or restriction of legal capacity,

c) Information System foreigners following information:

1) the name or names, surname, maiden name,

2) identification number,

3) deprivation or restriction of legal capacity,

d) a basic register of legal persons, self-employed individuals and public authorities of all reference data, with the exception of data on individuals agendovém identifier for the agenda of this register.

(2) The Ministry of Justice shall immediately inform the Ministry of the person is registered in the list of trustees, the data held about a person in the list of trustees essential for the establishment of a data box and change and delete people from the list of trustees.

(3) The court designated to lead the Commercial Register shall promptly inform the Ministry of the registration of a legal person or a branch of a foreign legal entity incorporated in the Commercial Register, the data led to a legal person or an organizational unit of a foreign legal entity incorporated strictly necessary for setting up the mailbox, their governing bodies and changes to these data and the deletion of a legal entity or a branch of a foreign legal entity incorporated in the Commercial Register.

(4) Czech Bar Association shall promptly inform the Ministry of the person is registered to the Bar, the data kept on the person of Lawyers, essential for the establishment of a data box and change and delete people from the list of lawyers.

(5) The Chamber of Notaries of the Czech Republic shall promptly inform the Ministry of the person is registered in the register of notaries, the data held about a person in the register of notaries essential for the establishment of a data box and changes and deletion of persons from the register of notaries.

(6) Executors Chamber of the Czech Republic shall promptly inform the Ministry of the person is registered in the list of court bailiffs, the data held about a person in the list of Bailiffs essential for the establishment of a data box and change and delete people from the list of court bailiffs.

(7) The Chamber of Tax Advisers of the Czech Republic shall promptly inform the Ministry of the person is registered in the list of tax advisors, the data held about a person in the list of tax advisors essential for the establishment of a data box and changes and deletion of entities from the list of tax advisors.

(8) The administrative authority conducting evidence-employed individuals or legal persons shall immediately inform the Ministry of enrollment enterprising natural person or legal entity to these records, the data kept on the individual entrepreneur or legal entity in the records essential for the establishment of a data box and changes and deletion of enterprising individuals or legal entities from the database.

(9) The information referred to in paragraphs 2-8 are provided by the Ministry manner allowing remote access.

Prison or detention center shall immediately inform the Ministry about taking individuals into custody or the onset of natural persons in prison, if a person who has established a data box. Detention Institute immediately inform the Ministry of the onset of an individual who has established a data box to security detention. The court shall immediately notify the Department of an enforceable decision is an individual who has established a data box, limits on personal freedom because of protective treatment or protection of public health.

Service of documents by public authorities

data boxes

(1) To the extent permitted by the nature of the document, the public authority it delivers to another public authority through the mailbox, if not delivered on the spot. Permitted by the nature of the document and if a natural person, a natural person or legal entity BRINGING its data box, public authority delivers the document to the person by the mailbox, if not delivered by public notice or on site. Delivers if according to this Act, the provisions of other laws regulating the manner of delivery shall not apply.

(2) admit to other legislation delivery through data boxes, the ranking methods of service under that law, the provisions of paragraph 1 shall remain unaffected.

(3) A document that was delivered to the mailbox, is delivered to the moment when the data box logs a person who has given the scope of their authorization to access the supplied document.

(4) If not logged into the mailbox entity under paragraph 3 within 10 days from the date on which the document was delivered to the mailbox, the document shall be deemed to have been received on the last day of this period, this does not apply, excludes the other legal prescription substitute Delivery 6).

(5) A person to whom the data box is set up, it can under the conditions set by other legislation 7) apply for determining the ineffectiveness of delivery in accordance with paragraph 4

(6) Delivery of the document referred to in paragraph 3 or 4 has the same legal effect as personal delivery.

(7) Notification between public authorities via a data box does not apply where, for safety reasons between them introduced another form of electronic communication.

Of interacting with public authorities

through a data box

(1) A natural person, a natural person or legal entity may carry out action against a public authority, if BRINGING its data box and subject to the nature of this act, through the data box.

(2) The act made by a person referred to in § 8, paragraph 1-4 or authorized person, unless it was authorized, through a data box has the same effect as an act made in writing and signed, unless another law or internal regulation requires joint action of multiple mentioned persons.

Document delivery individuals, self-employed

natural persons and legal entities

(1) The Ministry shall, on the request of individuals, self-employed individuals or legal persons supplying the data boxes of documents from another individual, self-employed individuals or legal entities in the data boxes that person.

(2) A document delivered pursuant to paragraph 1 is received at the time when the data box logs a person who has given the scope of their authorization to access this document.

(3) The delivery of a document referred to in paragraph 1 shall comprise the operator of the information system of data boxes remuneration that is determined by the price regulations 5). Shall be payable by a natural person, a natural person or a legal person on whose data boxes document was sent. This person may determine that will cover the supply of the document is a response to a document delivered pursuant to the preceding sentence. Remuneration pursuant to the first sentence for the individual, a natural person or a legal person whose data boxes of the document was sent to cover also other natural person, a natural person or a legal person, the operator shall submit the information system of data boxes written consent of individuals enterprising individuals or legal entities, whose data boxes document was sent with this form of payment or reward its output from an authorized document conversion; signature of the person in a written agreement must be officially verified. Operator of the information system of data boxes by providing the information system of data boxes an individual, a natural person or a legal person from whose data boxes are to be paid by way documents sent by the third or fourth sentence, of this method of payment.

Data message

(1) Documents delivered by public authorities through the mailbox, acts done towards public authorities via a data box and documents of individuals, self-employed natural persons and legal persons supplied through the data boxes have the form of a data message.

(2) If the document or act intended to the addressee, the sender shall indicate that fact in the data report.

Responsibilities of the Ministry

(1) Ministry

a) ensure access qualified time stamps to the data message sent from the mailbox,
b) delivers the data message sent from the data box into the mailbox of the person identified as the sender addressee,
c) notify the sender that the data message you sent was delivered to the addressee’s mailbox data, and this announcement marks the recognized electronic brand
d) inform the addressee of a data message delivery in the data box at the email address chosen by him or other technical means of notification, the addressee in this case is obliged to pay the costs in connection with the Ministry has informed incurred, except where notification was made on addressed to the selected e-mail address,
e) notify the sender that the data message sent to the subscriber’s mailbox data has been received, and this announcement marks a recognized brand electronic ministry, this does not apply in the case of a document pursuant to § 18a
f) notify the sender that the data box into which sent the data message does not exist,
g) notify the sender that the data box into which sent the data message, is locked up, even retroactively,
h) notify the sender that the data box into which sent the data message has been dissolved,
i) keep records of the date and time of events under this paragraph, including the identification of a data message, sender and addressee.

(2) The Ministry may destroy the data message, if it is found incorrect format or the occurrence of a computer program that is capable of causing damage to the information system of data boxes or information in this information system. The destruction of data messages Department shall promptly notify the sender.

(3) The contents of the data message and all of its components must be designed so that it was possible to introduce and further processed without any special technical knowledge and in a manner that allows working with persons with disabilities through special technical aids. Ministry decree provides technical requirements for use of the data boxes, acceptable data message formats and the maximum size of data messages. The Ministry will publish a manner allowing remote access list of possible technical means for the notification of a data message delivery into the mailbox.

(4) The Ministry shall store the supplied data messages in the data mailbox. The minimum retention period provided data messages in a data mailbox specified by the Ministry decree. At the request of the holder of the data box allows the operator information system data box store supplied data messages in a data box for longer than the time specified by decree. Provided for storing data messages in a data box for longer than the time specified decree pertaining to the operator information system data box remuneration that is determined by the price regulations 5).

Identifier data boxes

To identify the data boxes are used identifier. Identifier is not interchangeable with any other identifier used by the public authorities. Provisioning identifier specified by the Ministry decree.

Conversion

(1) A conversion means

a) full conversion of paper documents into the document contained in the data message or data file (“the document contained in the data message”), verification of compliance content of these documents and the connection verification clause, or
b) complete the transfer of the document contained in the data message to a document in paper form and proof of compliance content of these documents and the connection verification clause.

(2) A document that was performing the conversion (the “output”), has the same legal effect as a certified copy of the document, which was created by converting the output (the “input”).

(3) To be under other legislation submitted a document in paper form administrative body or a court or other state authority, especially to be used as the basis for the decision, that requirement fulfilled by its output.

Entities conversion

(1) The conversion carried out at the request of the public administration contact point 4) and lawyers under the conditions set by other legislation 4a).

(2) Conversion of ex officio carried out by the public authorities for the exercise of its jurisdiction.

Procedure for Conversion

(1) When converting a document in paper form entity making the conversion

a) verify the validity of qualified time stamp entry 8), if he is provided with input,
b) verify that a qualified certificate 8), which is based on the recognized electronic signature 8), which is signed by the entrance, or a qualified system certificate 8), which is based on the acclaimed electronic mark 8), which is marked by the entry, not a moment ago specified in the qualified time stamp invalidated,
c) verify that the recognized electronic signature or electronic force recognized brand.

(2) Immediately after the entity making the conversion shall verify compliance with the input and the output corresponds to the output of the input connected to the output of the verification clause.

(3) When converting to a document contained in the data message, affix entity that carried out the conversion, the output of its renowned electronic brand or a recognized electronic signature of the person who carried out the conversion and ensure that the output provided qualified time stamp.

(4) Technical requirements of the implementation of the conversion, the input and output of the ministry’s decree.

(5) The conversion is performed

a) If the document other than in written form or in the form of a data message
b) if the document is in paper form, its uniqueness can not replace conversions, particularly on identity card, passport, arms license, driver’s license, military identity cards, business license, permit to the alien’s stay, fishing license, hunting license or another card, passbook, check, promissory note or other security, moose, Coupon, geometrical plan, and technical drawings,
c) if the document in paper form changes, additions, insertions or cuts that could weaken its credibility
d) if the document in paper form clear whether the

1) original;

2) vidimovaný document

3) a copy or a copy taken from the file, or

4) a copy of the written decision or verdict decision issued pursuant to other legislation

e) if the document is in paper form fitted plastic text or plastic imprint stamp
f) in the case of the conversion to a request if it is not contained in a document signed data message recognized electronic signature or electronic mark labeled recognized the person who issued the document or created,
g) if the document contained in the data message, which can not be converted into certificated form, such as an audio or audiovisual recording,
h) if the document does not meet the technical requirements laid down in paragraph 4

(6) A conversion does not confirm the accuracy and truthfulness of the information contained in the input and their compliance with the law.

Verification clause

(1) Verification clause conversion to a document contained in the data message is a part of the output contains

a) the name of the operator who carried out the conversion,
b) the serial number under which the conversion is kept on file conversions performed,
c) a statement of verification that the contents of the output corresponds to an input
d) an indication of how many sheets comprises entrance,
e) an indication of whether the input contains a watermark, embossing or embossing, dry embossing seal or, optically variable element or other locking element
f) the date of execution of the verification clause,
g) the name or names and surname of the person who carried out the conversion.

(2) Verification clause conversion to a document in paper form and is part of the output contains

a) the name of the operator who carried out the conversion,
b) the serial number under which the conversion is kept on file conversions performed,
c) a statement of verification that the contents of the output corresponds to an input
d) an indication of how many sheets made out,
e) the date of execution of the verification clause,
f) an indication of whether input has been signed with a valid recognized electronic signature or electronic titles currently recognized brand, the number of qualified certificate on which the recognized electronic signature is based, or the number of qualified system certificate, which is recognized by the electronic mark based and business name accredited certification service provider, who qualified certificate or a qualified system certificate issued
g) the date and time specified in the qualified time stamp, number of qualified time stamp and name of the accredited certification service provider, who qualified time stamp issued, if the entry of qualified time stamp affixed,
h) the official stamp of the name, or names, surname and signature of the person who carried out the conversion.

Evidence conversions performed

(1) The entity making the conversion keeps records of conversions performed. Entry in the register shall contain the following information:

a) the serial number under which the conversion is kept on file conversions performed,
b) the date of conversion,
c) the specific indication and the date of entry writing, if the date included in the entry,
d) a payment of an administrative fee or notary fees (putting numbers document, which has been paid), or an indication of the administrative fee exemption with reference to legislation.

(2) The information referred to in paragraph 1 shall be made in the records of conversions kept for 10 years after the conversion.

Administrative offenses

(1) A natural person commits an offense if he enjoys the data box to spread

a) unsolicited commercial solicitations or other communication
b) a computer program that could damage data exchange system, the information contained therein or computing data box holder.

(2) For an offense may be fined up

a) 10 000 CZK in the case of a misdemeanor pursuant to paragraph 1. a)
b) 20 000 CZK in the case of a misdemeanor pursuant to paragraph 1. b).

(1) Entrepreneurs or legal person commits an administrative offense by applying a data box to spread

a) unsolicited commercial solicitations or other communication
b) a computer program that could damage data exchange system, the information contained therein or computing data box holder.

(2) An administrative offense may be fined up

a) 10 000 000 CZK in the case of an administrative offense pursuant to paragraph 1. a)
b) 20 million CZK in the case of a misdemeanor pursuant to paragraph 1. b).

(1) A legal entity for an administrative delict if it proves that it made every effort that could be required to breach of legal obligation.

(2) In determining the amount of fine for a legal person, the seriousness of the administrative offense, particularly the manner of its commission, its consequences and the circumstances under which it was committed.

(3) Responsibility for an administrative offense if the administrative authority did not commence proceedings within 2 years from the date on which it became aware of it, but not later than 10 years after it was committed.

(4) Administrative offenses under this Act are dealt with in the first instance by the Ministry.

(5) The liability for conduct that occurred in the business of a natural person or in direct connection with, the provisions of the law on liability and sanctions for legal persons.

Common, transitional and final provisions

(1) Applications and notifications under this Act may be made also via a local public administration.

(2) Officially certified signature application pursuant to § 3, paragraph 4, paragraph 5 § 4 and § 5, paragraph 5 is not required if the application is signed before the employee entered in the State Department or employee entered into the focal point of public administration or is If signed by a recognized electronic signature.

(3) Makes the person authorized to access the data mailbox announcement according to § 12 paragraph 1 by means of a local public administration, will receive new access data while you wait.

Receipt of applications or notifications pursuant to § 27 paragraph 1 and issuing access data according to § 12, paragraph 1, except for the reissue of data access is free.

Lead to public authorities by electronic filing service, they do so in a manner allowing delivery of documents and execution of tasks through the mailbox, unless it is necessary for safety reasons, keep filing service separately. Access to the data via an electronic mailbox system file service or other electronic third party applications can also make use of a system certificate under the conditions laid down in the operational documentation information system data box, in which case the provisions do not apply to authorized persons have access via system certificate includes access designated documents to the addressee.

(1) Conversion to the request made by the postal license holder, the Economic Chamber of the Czech Republic and persons who have been granted authorization by the Ministry to the capacity of the public administration contact point, the employee who took the exam, the exam is not required if the employee meets the requirements for the implementation vidimus legalization and 9).

(2) The contents of the test is to verify the knowledge of this law, certain provisions of the legislation relating to administrative fees and administrative code and the ability of their applications.

(3) the examination by the Ministry.

(4) The composition of the test established by a certificate of examination. Model certificate specified by the Ministry decree.

(5) If the employee did not succeed in the test, the test may be repeated twice. Re-test can be performed earlier than 60 days and not later than 90 days from the day of the test, in which the employee failed.

Transitional provisions

(1) The Ministry shall establish a data box entities listed in § 4, paragraph 3, § 5 paragraph 1 and § 6, paragraph 1, with the exception of a lawyer and tax consultant within 90 days after the effective date of this Act. The data box under the first sentence is open to first login person referred to in § 8, paragraph 1 to 4 Logs on to a person referred to in § 8, paragraph 1-4 into the mailbox, the mailbox data available on 1 November 2009. The provisions of § 24 paragraph 1 and 2 of the Administrative Code, upon receipt of the first access data apply; period provided for in § 23 paragraph 4 of the administrative procedure in this case is 90 days.

(2) The bodies referred to in § 15, paragraph 2-8 shall send to the Ministry within 30 days from the date of entry into force of this Act the data necessary for the establishment of a data box kept in the records of the persons referred to in § 15 paragraph 2-8 on the effective date of this law.

(3) The Ministry shall establish attorney and tax advisors data box enterprising individuals on the first day of the first calendar month of the third year after the effective date of this Act. This does not affect the right of a lawyer and tax advisor to set up a data mailbox employed individual upon request.

Efficiency

This Act comes into force on 1 July 2009.

Vlcek v r

Klaus v. r

v z r v. Čunek

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1) Act No. 499/2004 Coll., On archives and records management and amending certain laws, as amended.

2) Act No. 412/2005 Coll., On the protection of classified information and security capacity, as amended.

3) Act No. 634/2004 Coll., On administrative fees, as amended.

4) Act No. 365/2000 Coll., The information systems of public administration and amendment of some other acts, as amended.

4a) § 25c of Act No. 85/1996 Coll. Advocacy, as amended.

5) Act No. 526/1990 Coll. Prices, as amended.

5) § 10 of Act No. 218/2000 Coll., As amended.

6) For example, § 64 paragraph 4 of the Criminal Code.

7) For example, § 24, paragraph 2 of the Administrative Code.

8) Act No. 227/2000 Coll., On electronic signatures and amending some other Acts (the Electronic Signature Act), as amended.

9) § 14, paragraph 1 of the authentication.

10) For example, Act No. 328/1999 Coll., On identity cards, as amended, Act No. 582/1991 Coll., On the organization and implementation of social security, as amended.