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Czech Republic: NÚKIB publishes draft Law on Cybersecurity

The National Cyber and Information Security Agency ('NÚKIB'), announced, on 26 January 2023, that it is in the process of transposing the Directive on Security of Network and Information Systems ('the NIS2 Directive'). In particular, the NÚKIB highlighted that the changes brought about by the NIS2 Directive were so fundamental that the NÚKIB decided to prepare the draft Law on Cybersecurity and Other Related Regulations. Furthermore, the NÚKIB added that it had announced, on 30 August 2022, that it had launched a website to provide information on the NIS2 Directive and its changes.

Moreover, the NÚKIB stated that the draft Law on Cybersecurity was published for public consultation until 26 February 2023. In specific, the NÚKIB noted that the proposals are not final and will be changed based on public suggestions and the standard legislative process.

More specifically, the draft Law on Cybersecurity incorporates the relevant regulations of the NIS2 Directive, follows on from the directly applicable Regulation of 17 April 2019 on ENISA (the European Union Agency for Cybersecurity) and on Information and Communications Technology Cybersecurity Certification and Repealing Regulation (EU) No. 526/2013 (Regulation (EU) 2019/881) ('the Cybersecurity Act') and regulates the provision of cybersecurity in the Czech Republic. Further to this, the draft Law on Cybersecurity consolidates previous fragmented regulations for several types of mandatory entities into one regulated service provider.

You can read the press release here and access the website here, and the draft Law on Cybersecurity here, all only available in Czech.

UPDATE (27 December 2023)

NÚKIB submits draft cybersecurity law to legislative council

The NÚKIB announced, on 22 December 2023, that it had submitted the draft law on cybersecurity to the legislative council of the government. 

You can read the press release here and the summary of the interdepartmental comments procedure here, both only available in Czech.

UPDATE (8 April 2024)

Legislative Council returns comments on draft cybersecurity law

The NÚKIB announced, on 5 April 2024, that the Legislative Council of the government returned comments and suggestions on the draft cybersecurity law. Furthermore, the NÚKIB confirmed that it is already incorporating all the comments.

You can read the press release, only available in Czech, here.

UPDATE (24 June 2024)

NÚKIB submits amended cybersecurity bill to legislative council

The NÚKIB announced, on 28 May 2024, that it had submitted an amended version of the draft law on cybersecurity to the legislative council of the government, which incorporates their comments on the initial draft law submitted on 22 December 2023.   

What are some key amendments to the bill?

The NÚKIB noted that the content of the bill remains largely unchanged, however part of the text of the bill includes changes, such as:

  • amendments to some defined terms;
  • determination of the authority to issue decrees to the law; and
  • simplification of the process of self-identification and registration of the regulated service.

Notably, an amendment affecting the content of the bill is making NÚKIB the authority deciding on the temporary ban on the performance of the function of a member of the statutory body at the provider in the regime of higher duties, instead of the court, as in the initial bill.

You can read the press release here and the amended bill here, both only available in Czech.

UPDATE (24 June 2024)

Legislative council recommends cybersecurity bill for government approval

NÚKIB announced, on 14 June 2024, that the legislative council of the government had recommended the draft law on cybersecurity for government approval following the amendments to the bill submitted by NÚKIB on 28 May 2024. NÚKIB referred to the comments of the chairman of the legislative council that affirms that the draft law is compatible with the NIS2 Directive.

The draft law now awaits government action, and if approved by its resolution, the draft law will be submitted to the Chamber of Deputies of the Parliament.

NÚKIB mentioned that it will publish the current draft of the bill along with the comments of the chairman of the legislative council.

You can read the press release, only available in Czech, here.

UPDATE (19 July 2024)

Government approves draft cyber security law

The NÚKIB, on 18 July 2024, announced that on 17 July 2024, the Government discussed and approved the draft law on cybersecurity with an amendment. The amendment concerns the mechanism of screening the safety of the supply chain and the decision on technology exchange which would now rest with the Government.

The draft law will now be submitted to the Chamber of Deputies of the Parliament after incorporating the amendments required by the Government.

You can read the press release, only available in Czech, here.