Czech Republic: Supreme Administrative Court confirms UOOU's decision on unlawful marketing communications
The Office for Personal Data Protection ('UOOU') issued, on 21 March 2023, a statement in which it highlighted that the Supreme Administrative Court confirmed the UOOU's decision to impose a CZK 1.4 million (approx. €59,053) penalty for the dissemination of data in connection with commercial communications. In particular, the UOOU emphasised that in this regard, the responsibility for the dissemination of commercial communications lies not only with the actual sender of such communications, but also with the entity that initiated the dissemination for their own benefit, whether by using a service, giving an order or other instruction, including the use of affiliate partners, or through lead marketing tools.
Additionally, the UOOU specified that, as mentioned by the Supreme Administrative Court, strict liability applies in this context, and the entity for whose benefit the commercial communication is disseminated is thus also liable for any failures of those disseminators. As such, the UOOU noted that it is therefore necessary for all disseminators of commercial communications, whether as principals or actual disseminators, to verify sufficiently whether the addressees of the commercial communications have given their consent to such dissemination, or, more generally, whether the dissemination of the commercial communications is carried out in a lawful manner.
Consequently, the UOOU expressed that its long-term interpretation of the law attached to dissemenating commercial communications has now been confirmed by the highest instance of administrative justice.
You can read the press release here and the decision here, both only available in Czech.