What happens when rules set by the law are not adhered to?
Act No. 480/2004 Coll., on Certain Information Society Services (CZ - 480/2004 Sb., o některých službách informační společnosti) has the following to say:
Penalty for natural person – § 10a
- A natural person breaks the law by sending repeatedly or in bulk commercial messages by electronic means.
- A fine up to CZK 100 000 can be imposed on a natural person breaking the law.
Because the penalty for sending unsolicited commercial messages can only be applied to the sender and not the entity who benefits from messages sent, it was necessary to react to a certain situation where penalties could have been avoided. Such situation manifested itself as unsolicited messages being sent by a natural person. When selecting the amount of penalties imposed, special care will be taken to look at displays of both repeatedness and total volume.
Newly changed § 11:
“(1) A fine of up to CZK 10 000 000 shall be imposed on a legal person that uses electronic means to repeatedly or massively disseminate unsolicited commercial communications
- without recipient's permission,
- not clearly marked as commercial email,
- disguising or concealing the identity of the sender on whose behalf the communication was made,
- containing no address to which the recipient might send a request for termination of such communication or
- withour enabling the recipient to easily, clearly, freely opt in or opt out of using recipient's email address to receive such communication on the occasion of sending of each individual message.”
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