CZECH REPUBLIC Law and Practice Contributed by: Irena Lišková, Ladislav Mádl, Eliška Říhová and Adam Vymazal, Randl Partners
6.4 Targeted/Interest-Based Advertising Under the Electronic Communications Act, anyone who intends to use or uses electronic communications networks to store data or to access data from sub - scribers or users is obliged to inform them in advance of the scope and purpose of the processing and must offer them the opportunity to refuse such processing. In accordance with the Electronic Communications Act, an opt-in regime applies to the use of cookies. 6.5 Marketing to Children Under the GDPR, children merit specific protection regarding their personal data, as they may be less aware of the risks, consequences and safeguards, as well as their rights in relation to the processing of per - sonal data. This specific protection applies to the use of children’s personal data for the purposes of market - ing, creating personality or user profiles, and the col - lection of personal data with regard to children when using services offered directly to a child. The consent of the holder of parental responsibility is not necessary for preventive or counselling services offered directly to a child. 6.6 Other Rules It is prohibited to disseminate advertisements in paper form to people who have previously stated that they are not interested in such offers. 7. Sweepstakes and Other Consumer Promotions 7.1 Sweepstakes and Contests Contests and sweepstakes are generally permitted, as long as they do not constitute an unfair commer - cial practice under the Civil Code and the Consumer Protection Act. Under the Consumer Protection Act, a consumer contest is a contest, survey or other event organised for consumers that is directly connected to the pro - motion/offer/sale of a product or service. The seller undertakes to pay cash or non-cash prizes to partici - pants identified at random, where participation in the competition depends on the purchase of a specific product or service, the conclusion of a contract with
to the contact information of number owners who are legal persons. If the telemarketing rules are violated, a fine of up to EUR1.92 million for entrepreneurs and up to EUR3,850 for natural persons may be imposed under the Elec - tronic Communications Act. In addition to the technical possibility of blocking some incoming calls on a mobile phone, the call recip - ient may also contact the Czech Telecommunication Office, which supervises compliance with the obliga - tions set out in the Consumer Protection Act, as the calls may be assessed as an aggressive commercial practice under the Act. Lastly, the Civil Code stipulates the following. • Where the trader contacts the consumer orally by telephone or a similar device, the trader shall, at the beginning of each call, disclose to the consum - er the business purpose of the call and details of their identity and, if they are telephoning on behalf of another person, details of their identity. • An offer made during a telemarketing call, as described in the previous paragraph, must be confirmed by the trader to the consumer in text form without undue delay. The consumer is bound by the offer only after they have given their consent electronically or by signing written confirmation of the offer (it is not possible to conclude a contract via telephone only). 6.3 Text Messaging Text messages are considered communications aimed at the direct or indirect promotion of the image and business of the entrepreneur, and are therefore treated as commercial communications under the Information Society Act. Accordingly, the same rules apply. In par - ticular, each commercial communication must contain a valid address to which the recipient can directly and effectively send a request to stop receiving commer - cial information from the sender. In the case of SMS messages, it is advisable, for example, to provide a telephone number allowing the recipient to opt out of commercial communications, or example by sending a text message, eg, “stop”, or even a blank message.
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