Adaptation law to further adjust the GDPR regulation


The Senate returned the so-called GDPR adaptation legislation to the Chamber of Deputies, with amendments and for further discussion, the purpose of the law being to replace the current Personal Data Protection Act. The GDPR itself came into force automatically for all persons in the European Union on 25th May 2018. Yet, the regulation also gave Member States the possibility to be more specific or make adjustments regarding certain parts, taking into account the specific conditions of the country. The Czech Republic does use this opportunity. Under the regulation, a fine of up to EUR 20 million or up to 4 % of the total worldwide annual turnover can be imposed for violating certain obligations, unless laid down otherwise by the Member State. The draft Adaptation Act lists potential offences against personal data protection and the maximum corresponding fine - which “only” amounts to CZK 10 million. The proposal also sets an age minimum of 15 years of age for a valid consent by persons under 18 to use information society services. If the law is adopted, it shall come into force upon its promulgation.