Czech: Increased protection of personal data on trade licensing register
Published 1 January 2015
From 1 January 2015, an amendment of the Trade Licensing Act (no. 455/1991 Coll.) increasing the protection of personal data with respect to its publication in the Trade Licensing Register became effective. It brings two major new developments regarding data protection:
1. Non-publication of place of domicile and permitted residency
A list of data which is not publicly available, but which forms a non-public section of the Trade Licensing Register, was expanded. Up to now it includes personal identification numbers and information on fines imposed by the Trade Licensing Office and on sanctions imposed by other administrative authorities. Now although an address of domicile or permitted residency is not to be publicly available, it will be provided to the entrepreneur concerned, administrative authorities and other persons if stated so by another legal regulation. The address is unnecessary information, since the entrepreneur´s registered office is entered in the Trade Licensing Register.
2. Limitation of publication of data
On the expiry of four years from the day on which the last trade license for an entrepreneur was cancelled, all the data concerning his person, which had previously been public, will be transferred to the non-public section of the Trade Licensing Register. It will only be provided to a person who demonstrates a legal interest in it. Up to now the publication was unlimited in time and, therefore, data concerning entrepreneurs who have already terminated their activity under the Trade Licensing Act were maintained public (although not updated). This was strongly criticized by entrepreneurs and the Czech DPA. Once the person is granted a trade license again, the information becomes public once again.
Supplied by Zuzana Hebka of JŠK, advokátní kancelár, s.r.o. in Prague, Czech Republic.
What action could be taken to manage risks that may arise from this development?
If your company operates in the Czech Republic, it should note that if personal data is taken from the Trade Licensing Register, it shall not be processed, in particular published, above the extent as stated in the amendment and has to be limited to comply with the law.