The Chamber of Deputies approved in the third reading an amendment to Act No. 127/2005 Coll., On Electronic Communications (hereinafter “ZEK”), [1] the purpose of which is primarily to harmonize Czech legislation with the European Code of Electronic Communications. [2] However, the changes will also affect other areas not directly related to this Code. One of the most significant changes will affect anyone who runs a website or mobile application and uses static, analytical, or advertising tools. The change consists in the transition from the existing opt-out mode for the use of cookies and similar tracking technologies to the mode of active user consent, the so-called opt-in. What does it mean?

According to the current wording of the ZEK, the operator of the website or mobile application is obliged “Demonstrably inform subscribers or users in advance of the scope and purpose of their processing.”. As a result of this legal regulation, the so-called cookies bars that warn of the use of cookies, sometimes information about them is provided only in the footer of the page or on a special page.

In addition, however, the operator is obliged to offer users “Possibility to refuse such processing” . We refer to this mode as opt-out and it consists in the fact that the use of cookies and thus also the measurement of traffic and monitoring the user’s movement on the website is possible until the user expresses his disagreement. According to the draft recommendation of the Office for Personal Data Protection, it is possible to express consent to the use of cookies, and in our opinion also possible disagreement, through the settings of a web browser. Simply put, if you do not want cookies to be used on the websites you view, change your browser settings.

The planned amendment to the ZEK introduces from 1. 1. 2022 for the use of cookies the obligation to obtain the prior provable active consent of the user with the scope and purpose of processing. Here we are talking about the opt-in mode, where the use of cookies can be activated only on the basis of an active action (consent) of the user. It is not possible to use cookies before granting consent.

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