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What is the legal age of adulthood/ majority in your jurisdiction? Are all persons below this age considered a child/ minor?
The Civil Code provides that the age of majority is 18 for the purposes of Czech law. However, under certain specific conditions, the civil capacity of a person may be declared by a court to apply from the age of 16.
Has the UNCRC been directly incorporated into national law in your jurisdiction?
Yes.
The UNCRC has been ratified by the Czech parliament and promulgated. Therefore, based on Article 10 of the Constitution of the Czech Republic, as an international treaty ratified by the parliament and binding on the Czech Republic, the UNCRC is part of the Czech legal order, and if the UNCRC stipulates something different to local law, the UNCRC shall apply.
Is there an ombudsperson/ commissioner for children in your jurisdiction?
No.
Currently, no such position exists. However, on April 10, 2024, the Government of the Czech Republic approved an amendment to the law introducing the institution of a Children's Rights Ombudsman. If the amendment is passed by the Czech Parliament, the Czech Republic will have a Children's Rights Ombudsman in the year 2025.
If there is an ombudsperson/ commissioner for children in your jurisdiction, do they have any responsibility for upholding children’s rights in the digital world or does the relevant regulator have sole competence?
N/A.
N/A.
Is there any standalone requirement to collect the consent of one or both parents when processing a child’s personal data (irrespective of any other obligations, e.g. the requirement to have a legal basis for processing)?
No.
No national law requirements beyond those set out in the GDPR Article 8(1); see more information on the GDPR-level requirements here.
At what age can children legally consent to the processing of their own personal data, such that parental permission/ consent is not required?
Article 8(1) of the GDPR provides that the age of digital consent may be anywhere between 13 and 16 years of age, depending on what age the EU Member State in question has adopted. In the Czech Republic, this is 15 years of age.
Are there specific requirements in relation to collection and/or verification of parental consent/ permission concerning the processing of a child’s personal data?
Yes.
No national law requirements beyond those set out in the GDPR Article 8(2); see more information on the GDPR-level requirements here.
Are there any particular information or transparency requirements concerning the processing of children’s personal data?
Yes.
No national law requirements beyond those set out in the GDPR Article 12(1); see more information on the GDPR-level requirements here.
Can children directly exercise their rights in relation to their personal data without the involvement of their parents?
Yes.
There are no national-specific laws in this regard; see more information on the GDPR-level requirements here.
Can children make complaints on their own behalf directly to your national data protection/ privacy regulator(s)?
Yes.
There are no national-specific laws in this regard; see more information on the GDPR-level requirements here.
Are there any particular requirements/ prohibitions related to:
a. processing specific types of children’s personal data;
b. carrying out specific processing activities involving children’s personal data; and/ or
c. using children’s personal data for specific purposes.
Yes.
There are no national-specific laws in this regard; see more information on the GDPR-level requirements here. Please note, however, that according to the Czech Data Protection Authority’s guidance on conducting a Data Protection Impact Assessment (DPIA), the processing of personal data of children as vulnerable data subjects increases the likelihood that a DPIA will be required (depending on the overall “score” of the processing in question).
Has there been any enforcement action by your national data protection/ privacy regulator(s) concerning the processing of children’s personal data? In your answer, please include information on the volume, nature and severity of sanctions.
No.
We are not aware of any such enforcement actions.
Are there specific rules concerning electronic direct marketing to children?
Yes.
There are no Czech specific rules beyond those set out in the GDPR and the Act No. 480/2004 Coll., on some services of internet services providers, as amended, which is applicable to all direct marketing regardless of age. For further information, see the response to this question.
However, please note that there are certain restrictions on the targeting of specific online advertisements to children, i.e. online advertisements for restricted products such as alcoholic drinks or gambling cannot be targeted towards children.
Are there specific rules concerning the use of adtech tracking technologies, profiling and/or online targeted advertising to children?
Yes.
There are no Czech specific rules beyond those set out in the GDPR and the Act No. 127/2005 Coll., on electronic communications, as amended, which is applicable to all such technologies regardless of age. For further information, see the response to this question.
Additionally, see more information on the upcoming EU-level requirements here.
Are there specific rules concerning online contextual advertising to children?
Yes.
There are no national rules on contextual advertising to children. See more information on the EU-level requirements here. There are no specific rules on contextual advertising to children.
Has there been any regulatory enforcement action concerning advertising to children? In your answer, please include information on the volume, nature and severity of sanctions.
No.
N/A
At what age does a person acquire contractual capacity to enter into an agreement to use digital services?
This is the age of full civil capacity to enter into a contract in the Czech Republic. However, it is presumed that every minor who has not yet acquired full legal capacity is capable of legal actions appropriate to the nature of their intellectual and volitional maturity for their age. Certain digital services may or may not fall under this category.
Do consumer protection rules apply to children?
Yes.
In the Czech Republic, consumer protection is governed by the Consumer Protection Act No. 634/1992 Coll. and the Civil Code No. 89/2012 Coll. The definition of a consumer is not age-restricted, meaning that statutory consumer protection also applies to children.
Additionally, see more information on the upcoming EU-level requirements here.
Are there any consumer protection rules which are specific to children only?
No.
There are no consumer protection rules specific to children only. However, the consumer protection provisions in the Czech Republic must be considered in the context of the ‘average consumer’, so if advertisements are targeted toward children, or the provider is aware that children make up a substantial part of their user base, compliance with the general consumer provisions also involves tailoring the advertisements bearing in mind the inexperience of children.
See more information on the upcoming EU-level requirements here.
Has there been any regulatory enforcement action concerning consumer protection requirements and children’s use of digital services? In your answer, please include information on the volume, nature and severity of sanctions.
No.
N/A
Are there any age-related restrictions on when children can legally access online/ digital services?
Yes, partial.
The Czech Republic has not adopted any law that would pose such age requirements for children in general. For further information, see the response to this question.
However, several Czech laws restrict children’s access to selected online content until 18 years old, including pornography as well as the online sale of narcotic and psychotropic substances (including alcohol and tobacco).
Are there any specific requirements relating to online/ digital safety for children?
Yes.
The Czech Republic has not adopted any local law that would stipulate specific requirements relating to online / digital safety for children. See more information on the upcoming EU-level requirements here.
Are there specific age verification/ age assurance requirements concerning access to online/ digital services?
Yes.
There are no mandatory means of age verification in the Czech Republic. See more information on the upcoming EU-level requirements here.
Are there requirements to implement parental controls and/or facilitate parental involvement in children’s use of digital services?
Yes.
There is no such law in the Czech Republic that would require implementing such controls. See more information on the upcoming EU-level requirements here.
Has there been any regulatory enforcement action concerning online/ digital safety? In your answer, please include information on the volume, nature and severity of sanctions.
No.
To the best of our knowledge, no enforcement of digital / online safety has been carried out.
Are there any existing requirements relating to children and AI in your jurisdiction?
Yes.
There are no national-specific laws in this regard; the AI Act (Regulation 2024/1689) applies in this context. See EU-level response here.
Are there any upcoming requirements relating to children and AI in your jurisdiction?
Yes.
There are no national-specific requirements in this regard; see EU-level response here.
Has there been any other regulatory enforcement activity to date relevant to children’s use of digital services? In your answer, please include information on the volume, nature and severity of sanctions.
No.
Neither the Office for Personal Data Protection, nor the Czech Trade Inspection has published any decisions that focus on use of digital services by children. Pursuant to public sources, no direct enforcement activity in this area is planned this year.
With respect to the implementation of the EU Digital Services Act, the Czech Republic has not yet designated a competent authority as its Digital Services Coordinator.
Are there any other existing or upcoming requirements relevant to children’s use of digital services?
Yes.
There are no national upcoming requirements relevant to the children’s use of digital services. Additionally, see more information on the upcoming EU-level requirements here.
