Notification of business

Notification of business in electronic communications

Form for the notification of business in electronic communications under Section 13 of the Electronic Communications Act is available here.

Information how to fill it in can be found here.

Natural and legal persons intending to carry out communication activities constituting a business in electronic communications, with the exception of the provision of number-independent interpersonal communication services, are obliged to notify the CTU of this fact in writing in advance by delivering a duly and completely completed "Notification of Business" form, including the annexes pursuant to Section 13, and by fulfilling the general conditions pursuant to Section 8 of the Electronic Communications Act.

For information, CTU also publishes a template of the Form, which clearly summarises the individual items and is intended only for familiarisation with the Form before filling it in; it cannot be used for the actual notification of business.  

Notification of business must be made via electronic Form. Natural and legal persons send electronically the completed Form to CTU address, or physically 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 Electronic Communications Act, if it has not already been assigned.

Should such notification fail to meet all the particulars laid down in Section 13 of Electronic Communications Act, 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 Electronic Communications Act on the date of delivery of complete notification of business in electronic communications that meets the requirements pursuant to Section 13 of Electronic Communications Act.

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 business in electronic communications

In order to meet the general terms and conditions for undertaking business according to Section 8(3) of Electronic Communications Act, natural and legal persons substantiate such notification of business with the following original documents or copies of original documents authenticated by a notary:

In the case of a natural person, integrity is proven by:

1. an extract from the Criminal Records. In the case of a national of the Czech Republic or a person with permanent or temporary residence in the Czech Republic, CTU shall request an extract in accordance with Act No. 269/1994 Coll., on the Criminal Records and the Registration of Administrative Offences, as amended.
2. a document similar to an extract from the Criminal Records of the state of which the notifying natural person is a national, unless they are nationals of the Czech Republic. The notifying natural person shall submit the extract. 
3. a document similar to an extract from the Criminal Records of the state in which they have resided continuously for more than 3 months in the last 3 years. In the case of a national of the Czech Republic or a person with permanent or temporary residence in the Czech Republic, CTU shall obtain documents issued in EU Member States and the United Kingdom as an annex to the extract from the Criminal Records (Section 13(2) of Act No. 269/1994 Coll.). In the case of other natural persons, the natural person shall submit the relevant document.

In the case of a legal person, integrity is proven in a similar way as for a natural person, i.e.:

1. an extract from the Criminal Records. In the case of a legal entity, CTU shall request the extract pursuant to Act No. 269/1994 Coll. 
2. a document similar to an extract from the Criminal Records of a state other than the Czech Republic in which the legal person has or has had its registered office carried out its business activities or held assets in the last 3 years. The notifying legal person shall submit the relevant document. 

In the case of a legal person, the integrity must also be met by each member of the statutory body (to be proved in the same way as for natural persons, see above).

The submitted documents must not be older than three months. If a state does not issue extracts or documents from a register equivalent to the Criminal Records, the notifying natural or legal person shall submit to CTU a declaration of honour on being without a criminal record.

A legal person not yet registered in the Commercial Register shall also submit, upon notification, a certified copy of the contract or deed of foundation or establishment of the legal person in accordance with Section 13(5) of Electronic Communications Act. 

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 on the basis of a request of a person who has submitted a notification of business in electronic communications via electronic Form fulfilling all the requirements of Section 13 of the Electronic Communications Act.

Natural and legal persons shall pay an administrative fee of CZK 1,000 for the receipt of an application for the issue of a certificate of notification of business. 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 to the relevant income account of CTU. All data required for the payment of administrative fees is provided to the undertaking by the locally-competent regional unit of Inspection Department of CTU depending on the address of the place of business of a natural person or the registered office of a legal person – see Contacts.

Further information and tariff of administration fees is available here.

Changes to the data provided in notification of business in electronic communications

The change of business shall be notified by means of the Form.

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 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 electronically the completed Form to CTU address, or physically 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).

CTU shall issue a certificate confirming notification of the change of business at the request of a person who has submitted a notification of business meeting all the requirements according to Section 13 of Electronic Communications Act.

Upon submission of an application for the issuance of a certificate confirming the notification of a change in the notified business, a natural or legal person applying for its issuance shall pay an administrative fee of CZK 500. The administrative fee is collected in accordance with Act No. 634/2004 Coll., on Administrative Fees, as amended, Tariffs annex, part VIII, point 109(b).

The administrative fee shall be paid by the natural or legal person to the relevant CTU revenue account. All data required for the payment of administrative fees is provided to the undertaking by the locally-competent regional unit of Inspection Department of CTU depending on the address of the place of business of a natural person or the registered office of a legal person – see Contacts.

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

Discontinuation of business in electronic communications

Discontinuation of business shall be notified by means of the Form.

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 Form.

Natural and legal persons send electronically the completed Form to CTU address, or physically 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).

Termination of  business in electronic communications

Termination of business shall be notified by means of the Form.

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 Form.

Natural and legal persons send electronically the completed Form to CTU address, or physically 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).

Database of undertakings

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. 

Changes in the notification of business in electronic communications from 1 January 2022

With effect from 1 January 2022, all persons who have notified the CTU of their business in electronic communications before that date in accordance with Section 13 of Electronic Communications Act, are obliged to submit an updated notification of business to CTU on the electronic Form in the new classification of communications activities. This obligation is laid down in Article II, point 8 of the Transitional Provision of Act no .374/2021 Coll. and the deadline for its fulfilment was 1 July 2022.

An auxiliary conversion table illustrating the likely continuity of the newly notified activities with those registered by 31 December 2021 is available here.

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.

Forms (available only in Czech language)