Notification of business

Warning

With effect from 1 January 2022, all persons who notified their business in electronic communications to the CTU in compliance with Section 13 of the Electronic Communications Act, are obliged to submit an updated notification of their business activities on an electronic form, published according to the BEREC Guidelines (hereinafter "Notification of business"), by 1 July 2022. This obligation is laid down in transitional provision No. 8 of the amendment to the Act No. 374/2021 Coll. The form will be available from January 2022 here.

The form is available here: Notification of business under the Section 13 of the Act No. 127/2005 Coll. Information how to fill it in can be found here.

(Important notice! The document "Notification of the business" (pdf) is an unofficial document for information only. According to Section 135 Act No. 127/2005 Coll. all written submissions shall be in the Czech language. For this purpose, please, use the Czech version of the document.)

Notification of business

Natural and legal persons notify CTU in writing of communication activity which is deemed business activity in electronic communications by delivering a properly and fully completed “Notification of communication activity” form, including appendices, according to Section 13 and by complying with the general terms and conditions laid down in Section 8 of Act No. 127/2005 Coll. (hereinafter referred to as “Notification of communication activity”). This must be done in Czech language.

Natural and legal persons send the completed “Notification of communication activity” form to CTU to the regional unit of Inspection Department depending on the address of the place of business of a natural person or the registered office of a legal person (see Contacts). 

The CTU shall assign an identification number to a natural person who has notified a business pursuant to Section 13 of Act No. 127/2005 Coll., if it has not already been assigned.

Should such notification fail to meet all the particulars laid down in Section 13 of Act No. 127/2005 Coll., CTU will immediately call on the person in question to provide the required information within a time limit of not less than 14 days. If the defects in the business notification are not rectified even after the expiration of this deadline, the person shall not be authorised to undertake business in electronic communications.

The authorisation to undertake business in electronic communications, with the exception of the provision of number-independent interpersonal communication services, shall be granted to the notifying person according to Section 8(2) of Act No. 127/2005 Coll. on the date of delivery of complete notification of business in electronic communications that meets the requirements pursuant to Section 13 of Act No. 127/2005 Coll.

CTU points out that an incomplete notification of a business is not an obstacle to perform a communication activity, but it does not create a licence to perform it in a business manner.

The conditions for the authorisation to provide interpersonal communication services independent of numbers are regulated by the Trade Licensing Act.

Documents required to provide notification of communication activity

In order to meet the general terms and conditions for undertaking business according to Section 8(3) of Act No. 127/2005 Coll., natural and legal persons substantiate such notification with the following original documents or copies of original documents authenticated by a notary (documents may also be authenticated at the locally-competent regional unit of Inspection Department of CTU):

1. The basic data of the natural person required for requesting a copy of an entry in the Criminal Records by CTU in accordance with the provisions of Section 8(6) of Act No. 127/2005 Coll. (this data shall be stated in the “Notification of business” form). The data must be filled in by the person notifying the communication activity (an entitled person). On the ground of the submitted data CTU will request a copy of an entry from the Criminal Records to prove having no criminal record according to Act No. 269/1994 Coll., on the Criminal Records as amended. It is also possible to present a document of being without a criminal record according to Section 8(6) of Act No. 127/2005 Coll. issued within the past 3 months. A natural person who is not a citizen of the Czech Republic proves having no criminal record with a copy of an entry in similar criminal records issued by the state of which the natural person is a citizen or by the state of last residence. These documents must be issued within the past three months. If the respective state does not issue the copies of an entry or the documents, the natural person will have to present to CTU a declaration of honour on being without a criminal record. A foreign natural person that is or has been a national of another member state of the European Union or is or has been domiciled in another member state of the European Union can attest their integrity by providing an extract from the Criminal Record Database with the annex containing information contained in the criminal record database of another member state of the European Union instead
2. The basic data of the legal person required for the issue of a copy of an entry in the Criminal Records by CTU in accordance with the provisions of Section 8(6) of Act No. 127/2005 Coll. On the ground of the submitted data CTU will request a copy of an entry from the Criminal Records to prove having no criminal record according to Act No. 269/1994 Coll., on the Criminal Records as amended. It is also possible to present a document of being without a criminal record according to Section 8(6) of Act No. 127/2005 Coll. issued within the past three months. A legal person having its registered office outside the Czech Republic proves that it has no criminal record with a copy of an entry in similar criminal records issued by the state in which it has its registered office, if that state issues such documents. These documents must be issued within the past three months. If the respective state does not issue the copies of an entry or the documents, the legal person will have to present to CTU a declaration of honour on being without a criminal record. The integrity of the (natural) person(s) authorised to act on behalf of the legal person must also be attested.
3. A foreign legal person having its registered office in another EU member state submits a copy of an entry in the Commercial Register of the respective EU member state.
4. When providing notification, a legal person not yet entered in the Commercial Register must also present an authenticated copy of the contract or deed of foundation or establishment of the legal person in accordance with Section 13(5) of Act No. 127/2005 Coll.

At their request, the CTU shall issue a certificate confirming the submission of a complete notification of business in electronic communications and the related establishment of the authorisation to business to a person who has submitted a notification of business in electronic communications fulfilling all the requirements of Section 13 of Act No. 127/2005 Coll.

An administrative fee of CZK 1,000 is collected for the issue of a certificate of notification of communication activity (according to Section 13(5) of Act No. 127/2005 Coll.). The administrative fee is collected according to Act No. 634/2004 Coll., on administrative fees as amended, Tariffs annex, part VIII, point 109(a).

Natural and legal persons pay administrative fees into the relevant income account of the CTU. All data required for the payment of administrative fees is provided to the business undertaking by the locally-competent regional unit of Inspection Department of CTU – see Contacts.

Further information and tariff of administration fees is available here.

Changes to the data provided in notification of communication activity

Natural and legal persons that have submitted notification of communication activity deemed to be business activity in electronic communications are obliged to inform CTU in writing without delay of any changes to the data presented in notification, doing so by completing the “Notification of business” form. This does not apply in the case that the change of data was reported through a different place of administration in accordance with Act No. 111/2009 Coll., on basic registers as amended.

Changes to the data provided in the notification shall mean changes to the identification data provided in the Notification of Business, changes to data relating to the already notified business in the sense of modifying information on the electronic communications services provided and the public communications networks provided, including notification of the termination of some of these activities or their expansion.

Natural and legal persons send the completed form to CTU´s regional unit of Inspection Department that is locally competent according to the address of the place of business of a natural person or the registered office of a legal person (see Contacts).

At their request, CTU shall issue a certificate confirming notification of the change to a person who has submitted a notification of business meeting all the requirements according to Section 13 of Act No. 127/2005 Coll.

Natural and legal persons applying for the issue of confirmation of having communicated changes to notified data (according to Section 14(5) of Act No. 127/2005 Coll.) pay an administrative fee of CZK 500 when reporting changes. The administrative fee is collected according to Act No. 634/2004 Coll., on administrative fees as amended, Tariffs annex, part VIII, point 109(b).

Further information and the tariff of administrative fees can be found here.

Discontinuation of communication activity - business

Natural and legal persons who have discontinued communication activity according to general authorisation are obliged to report this to CTU within a time limit of one week of discontinuing communication activity by completing the “Notification of business” form.

Natural and legal persons send the completed form to CTU's regional unit of Inspection Department that is locally competent according to the address of the place of residence of a natural person or the registered office of a legal person (see Contacts).

Ending communication activity - business

Natural and legal persons who have ended communication activity according to general authorisation are obliged to report this to CTU within a time limit of one week of ending communication activity by completing the “Notification of business” form.

Natural and legal persons send the completed form to CTU´s regional unit of Inspection Department that is locally competent according to the the address of the place of business of a natural person or the registered office of a legal person (see Contacts).

Database of undertakings

The CTU maintains an electronic database of natural and legal persons who have complied with the notification obligation. The database is publicly available on the CTU's website in the Search database, divided into a section containing information on all undertakings that notified the CTU of their electronic communications activities before 31 December 2021 in the classification of communications activities valid until that date, and a section containing information on all undertakings authorised to conduct electronic communications activities on 1 January 2022 and thereafter in the current classification of communications activities.

BEREC Database

CTU submitts selected data from business notifications to BEREC, which operates the Union database of notified persons providing electronic communications services, except for number-independent interpersonal communications services. The database is available here.

Form for notification of business in electronic communications

The form for notification of business in electronic communications under Section 13 of the Electronic Communications Act is available here and instructions for filling it in here. For information, CTU also publishes a template of the form here, which clearly summarises its items and can be used to familiarise yourself with the form before filling it in (CTU points out that the notification must ultimately be made using the form and not the template).