In this article, we will discuss in general terms the 4 most important legal regulations for e-commerce in the Czech Republic. So if you are running a Czech e-store and would like to familiarize yourself with the laws you must follow in that country, you will find that information below.
Civil Code (new) – Law No. 89/2012 Coll.
The law defines consumers and businesses in all relevant respects. You will also find information on how to enter into a purchase contract, information that you must provide to the consumer before selling goods or services and entering into a purchase contract. Here you will also find sections on, for example, the quality of the goods on receipt, withdrawal from the purchase contract, the seller’s obligations to the consumer or the right under faulty workmanship, i.e. complaints.
§ 2106
(1) If the defective performance constitutes a material breach of contract, the buyer shall have the right to
(a) remove the defect either by providing a new item without defect or by providing a missing item,
(b) remove the defect by repairing the item,
(c) for a reasonable discount on the purchase price, or
(d) withdrawal from the contract.
(2) The buyer shall inform the seller of his chosen right after reporting the defect or without undue delay after reporting the defect. The choice made by the Buyer may not be changed without the consent of the Seller; this does not apply if the Buyer requested the removal of a defect that proved to be irremovable. If the seller fails to remove the defect within a reasonable period of time or informs the buyer that the defect will not be removed, the buyer may, instead of removing the defect, demand a reasonable reduction in the purchase price or may rescind the Contract.
(3) If the buyer fails to elect his right within the time limit, he shall have rights in accordance with § 2107.
On certain information society services – Law No. 480/2004 Coll.
Law regulating the obligations of intermediary service providers. A service provider is any natural or legal person who provides any information society service, and a user is any natural or legal person who uses an information society service, in particular to search for or provide access to information. In addition, the law regulates how commercial messages can be disseminated electronically or describes particular crimes.
On the processing of personal data – Law No. 110/2019 Coll.
This law regulates the processing of personal data in accordance with the Regulation of the European Parliament and of the Council (EU) 2016/679, or so-called. RODO. Personal data controllers and users derive rights and obligations from this law. The Office for the Protection of Personal Data(ÚOOÚ) is the central administrative office overseeing privacy and data protection in the Czech Republic.
On consumer protection – Law 634/1992 Coll.
The law defines basic terms such as consumer, seller, manufacturer, supplier, product or service. In addition, the law regulates the seller’s obligations, such as product sales or disclosure obligations, and defines deceptive business practices and unfair business practices. According to the Law on Consumer Protection, a consumer (an individual who is not acting in the course of his or her business or self-employment) has the right to an out-of-court settlement of a consumer dispute arising under a purchase or service contract. Entities engaged in the out-of-court resolution of consumer disputes are included in the European Commission’s list of ADR entities. In practice, the way it works is that a consumer here submits an application for out-of-court consumer dispute resolution (ADR) through the Czech Trade Inspection.
§ 3
Integrity in selling products and providing services
(1) The vendor shall:
(a) sell the Products in the correct weight, measure or quantity and allow the consumer to verify the accuracy of this information,
(b) sell products and provide services in the required or approved quality, if legally determined, or if by special regulations, or in the quality indicated by him; if the quality is not prescribed, approved or indicated, as usual,
(c) sell products and provide services at prices set in accordance with the pricing regulations and correctly settle prices when selling products or providing services; in the final settlement of products sold and services provided in cash, the total amount shall always be rounded up to the nearest applicable nominal value of legal money in circulation,
(d) when selling products, use measuring devices that meet the requirements set forth in a separate legal regulation governing the field of metrology.
(2) The Seller may not require the Consumer to pay in connection with the selected payment method an amount exceeding the direct costs incurred by the Seller in connection with this payment method.
§ 9
(1) The Seller is obliged to duly inform the Consumer about the use and maintenance of the product and the dangers of improper use or maintenance of the product, as well as the risks associated with the provision of the service. If it is necessary due to the nature of the product sold or service provided and the manner and time of their use, the Seller is obliged to ensure that this information is included in the written instructions and is understandable.
(2) The seller shall provide the consumer with instructions in accordance with paragraph (2). 1 on a durable data carrier. The seller will give the consumer instructions in writing, if the consumer requests it and if it is not unreasonable in view of the circumstances or the manner of concluding the contract, the characteristics of the product sold or the nature of the service provided.
(3) The seller may not be relieved of the obligations referred to in paragraph (1). 1 and 2, by indicating the fact that the manufacturer, importer or supplier did not provide him with the necessary or correct information. However, these obligations do not apply to cases where obvious or generally known facts are involved.
Of course, there are other regulations that you must follow as a legal entity in the Czech Republic. However, it depends on what kind of company you own. For example, the Law on Business Companies 90/2012 Coll. for limited liability companies (s.r.o.) or the Law on Sole Proprietorships 455/1991 Coll. for sole proprietorships. In addition, the Value Added Tax Law 235/2004 Coll. which regulates taxes. Many of these laws follow or supplement European Union regulations.
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