Document 52 - Government Bill on the Designation of Establishments for the Purpose of Gathering Evidence in Criminal Proceedings – EU

Processed date: 09.12.2025 |Session 10

Submitters: Vláda

Summary

The law introduces an obligation for selected providers of digital services to establish a branch or appoint a representative to enable the effective delivery and enforcement of orders related to electronic evidence in criminal proceedings within the EU.

This obligation primarily applies to electronic communication services, domain services, and hosting providers that operate cross-border and have a substantial connection to the Czech Republic or another EU member state. Providers must supply contact details, designate a language for communication, and ensure sufficient authorization and resources to fulfill these obligations.

The Czech Telecommunication Office (ČTÚ) will oversee compliance with these obligations, cooperate with authorities in other states, and may impose fines of up to CZK 10 million. The law merely harmonizes European rules and does not apply to service providers operating exclusively within the Czech Republic.

Topics

Additional documents

Additional document 1

Resolution of the Constitutional and Legal Affairs Committee on Parliamentary Print No. 52/0

Processed date: 30.04.2026

The Constitutional Law Committee recommends that the bill be approved and clarifies the method of notifying the designated establishment or agent. The new notification is to be made via an electronic system set up by the European Commission and the provider is to provide the required information, including the territorial scope. At the same time, an alternative procedure is added in case of unavailability of the system, whereby the notification is made under the Administrative Procedure Code.

Additional document 2

Amendments and other proposals to Print 52/0

Processed date: 25.06.2026

Scope: Sections 7–12; pages 1–4.

The amendment regulates the procedure for notifying the designated establishment or representative of service providers so that submissions are made, as a rule, through the electronic system established by the European Commission. At the same time, it adds a provision for cases where this system is unavailable: notifications are then submitted in accordance with the Administrative Procedure Code, except in the case of a scheduled outage. The proposal also specifies the information that the notification must contain and adds a heading to the new § 9 regarding notifications in the event of the electronic system’s unavailability. It thus primarily involves technical and procedural clarifications to the main draft bill.

Proposals

We do not know whether the listed proposals were approved or declined.

Proposal 1273

52 - 1273 - Jiří Pospíšil

The amendment only adds a heading to the new Section 9, namely “Notification in case of unavailability of the electronic system”. This is a technical and clarifying amendment which aligns the structure of the Act with the other sections. It does not materially change the content of providers’ obligations or their impact.