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Frequently asked questions about notification and registration

 
 
 

Who is legally obliged to notify?

If a legal person with seat outside the Czech Republic (also beyond the EU) perform personal data processing in the capacity of controller on the Czech territory through processors and it is not a mere data transfer over the EU territory, is such controller subject to notification duty pursuant Article 16 of the Data Protection Act? Is this obligation still applicable if the legal person has already been registered in the country of seat?

What type of processing underlies the notification duty?

I operate a video surveillance system. Am I subject to notification duty?

How to get registered?

What information must the notification form contain?

Are there exemptions from the notification obligation?

When is it possible to start processing of personal data?

Are there any registration fees?

What is registration number?

Is it possible to get information about the registered processing?

Does the Office issue a confirmation of registration?

The provision of Article 18(2) talks about disclosure “also through remote access or in other appropriate form”. How shall it done in practice? To whom shall the information be disclosed in such a manner?

A foreign enterprise seated in the EU acquires a company in the Czech Republic. The acquirer shall be obliged to inform in writing the Office of the intention to process personal data as controller. We assume this obligation will be with the foreign enterprise´s organizational part established in the Czech Republic.


Who is legally obliged to notify?

The notification obligation pursuant Article 16(1) of the Data Protection Act applies exclusively to data controllers. Not bound by this obligation are processors nor other persons/entities involved in data processing. Controllers must submit the notification before they start the processing in question. The meaning of some of the notions (“controller”, “processor”) is explained in Article 4(j) and 4(k) of the Data Protection Act.

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If a legal person with seat outside the Czech Republic (also beyond the EU) perform personal data processing in the capacity of controller on the Czech territory through processors and it is not a mere data transfer over the EU territory, is such controller subject to notification duty pursuant Article 16 of the Data Protection Act? Is this obligation still applicable if the legal person has already been registered in the country of seat?

Yes, such processing is still obliged by law to be registered with the Office for Personal Data Protection. In this case the processor on the Czech territory applies for registration.

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What type of processing underlies the notification duty?

Every data processing carried out by a controller is subject to registration, unless it is exempt pursuant to Article 18 of the Data Protection Act (see below). Please check in the first place if you are data controller at all and whether the processing falls under the notification duty. Only then go ahead with the notification procedure.

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I operate a video surveillance system. Am I subject to notification duty?

Depends on whether it is or not personal data processing. Makes the system image or/and audio records, then it is personal data processing. In that case you are obliged to notify pursuant to Article 16 of the Data Protection Act. For more details please see the Office´s Position No. 1/2006 available at www.uoou.cz under “Positions”.

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How to get registered?

As of 27 November 2006 controllers may apply for registration online by completing the notification form available at www.uoou.cz under “Register”. The form contains instructions to help you complete it properly. Add all necessary information then submit electronically. The system sends back confirmation of successful delivery. You may also use a printed form sent by ordinary post. It is also possible to notify without using any prescribed form. In that case, please make sure you provide all information required by law.

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What information must the notification form contain?

The notification must contain all information specified in Article 16(2)(a) thru (i) of the Data Protection Act.

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Are there exemptions from the notification obligation?

Broad range of processing is exempt from the notification duty pursuant to Article 18(1) of the Data Protection Act:

  • processing of personal data that are part of data files publicly accessible on the basis of special law,
  • statutory processing of personal data pursuant to special laws,
  • processing of personal data necessary for the exercise of rights and obligations ensuing from special laws,
  • processing of personal data pursuing political, philosophical, religious or trade-union related aims carried out within the scope of legitimate activity of an association and which relates only to the association members or persons with whom the association is in recurrent contact related to legitimate activity of the association, and the personal data are not disclosed without the data subject´s consent.

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When is it possible to start processing of personal data?

Controllers may start processing as of the day of entry into the register or after expiry of a legal period of 30 days after the day on which the relevant notification was delivered to the Office, unless he was asked to amend incomplete information or an administrative proceeding was not launched to prove legality of the notified processing pursuant Article 17 of the Data Protection Act.

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Are there any registration fees?

The entire registration process is free of charge.

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What is registration number?

It is a computer-generated number assigned to each registered controller. Controllers are registered under this number in the register of processing maintained by the Office.

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Is it possible to get information about the registered processing?

Yes, it is. The information from the register, except those specified under Article 16(2)(e) and (i) is publicly available at www.uoou.cz under the “Veøejný registr zpracování” section (in Czech only).

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Does the Office issue a confirmation of registration?

The Office, in accordance with Article 16(5) of the Data Protection Act shall issue a certificate upon the controller´s request. This document proves that the controller has met its legal duty to notify the intended processing, that this processing has been filed in the register maintained by the Office and that, in result, the controller may start the notified processing.

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The provision of Article 18(2) talks about disclosure “also through remote access or in other appropriate form”. How shall it done in practice? To whom shall the information be disclosed in such a manner?

The idea behind this provision is to make the information available in the same way as it is in case of the register kept by the Office pursuant Article 35 of the Data Protection Act. Following this, information drawn from the notification on the basis of Article 16(2) of the Data Protection Act is added to the name of the respective controller and such data, with exempt of those specified in Article 16(2)(e) and (i) are publicly accessible, namely in a manner enabling remote access.

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A foreign enterprise seated in the EU acquires a company in the Czech Republic. The acquirer shall be obliged to inform in writing the Office of the intention to process personal data as controller. We assume this obligation will be with the foreign enterprise´s organizational part established in the Czech Republic.

Yes, your assumption is correct.

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