CZECH REPUBLIC Law and Practice Contributed by: Irena Lišková, Ladislav Mádl, Eliška Říhová and Adam Vymazal, Randl Partners
• the Code of Conduct for On-Demand Audiovisual Media Services. Violations of soft law (ie, the rules and codes of self- regulatory bodies) are not sanctioned. 1.8 Private Right of Action for Consumers If an advertisement constitutes an unfair commercial practice (as defined in the Civil Code), the person whose rights were jeopardised or violated by unfair competition or by unlawful restriction of competition may request that the violator: • refrain from engaging in unfair competition; • remove defective state; • provide adequate satisfaction; • provide compensation for any damage; or • provide restitution for any unjust enrichment. The above may be asserted by means of a civil action or injunction relief. The right to have the violator refrain from unfair com - petition or remove defective statements may also be exercised, in certain cases, by a legal person entitled to defend the interests of competitors or customers. 1.9 Regulatory and Legal Trends One of the most important cases from 2024 concerns deceptive advertising and involves one of the biggest Czech leather goods manufacturers. The owner of the company emotionally appealed to customers on social media to help save the leather goods manu - facturer from bankruptcy by placing new orders dur - ing the slow summer period. The following day, how - ever, he softened his statement and informed one of his customers that “no one is going bankrupt.” The Czech Trade Inspection Authority began investigat - ing the company on suspicion of engaging in unfair commercial practices and deceptive advertising. The manufacturer in question now faces a fine of up to CZK5 million. 1.10 Taste and Cultural Concerns The CASC’s Code of Advertising Practice provides additional ethical principles applicable to advertis - ing. However, it cannot be said that advertisers in the Czech Republic need to be aware of any special
taste or cultural concerns. On the contrary, experi - ence shows that both the authorities and advertising recipients are relatively open compared to some other jurisdictions. 1.11 Politics, Regulation and Enforcement So far, there have been no political changes that have had a significant impact on advertising regulations. However, the Czech Republic is due to hold elections to the Chamber of Deputies in the autumn of 2025, and it cannot be ruled out that, if certain political par - ties are successful, the media and cultural environ - ment could undergo substantial change, including restrictions and censorship, as has occurred in some other European countries. Deceptive advertising is advertising that relates to business, aims to promote the sale of property or the provision of services, and that deceives or is likely to deceive the persons to whom it is addressed or whom it reaches, and is thereby likely to influence their eco - nomic behaviour. In assessing whether advertising is misleading, all its features should be considered. Particular attention should be paid to the information contained in the advertising concerning: 2. Advertising Claims 2.1 Deceptive or Misleading Claims • the availability, nature, design, composition, manu - facturing process, date of manufacture or provi - sion, suitability for a specific purpose, usability, quantity, geographical or commercial origin, as well as more detailed specifications and other char - acteristics of the goods or services, including the expected results of use or the results and essential characteristics of tests or checks carried out; • the price or the method of its determination; • the conditions under which the goods are supplied or the service is provided; and • the nature, characteristics, and rights of the advertiser, such as their identity, assets, profes - sional competence, intellectual property rights, and awards or honours.
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