Datove schranky nebudou fyzickym osobam zrizovany automaticky

Data boxes will not be set up automatically for natural persons

Amendment to Act No. 300/2008 Coll, on electronic acts and authorized conversion of documents, as amended, was to introduce, as we informed you HERE, from 1 January 2023, the automatic establishment of a data box for all legal entities and natural persons engaged in business, as well as for all natural persons when they (in simplified terms) use a means of electronic identification (NIA ID) for the first time. The legislator assumed that natural persons capable of using the electronic identification means they would not have any major difficulties in operating data boxes and if they would, they could request to make their data box inaccessible.

However, on 14 October 2022, the Minister of the Interior stated on his Twitter account that the "obligation to use" data boxes would be removed for individuals, despite the fact that he considers data boxes to be a secure and modern way of communicating with the state.

This information was followed on 19 October 2022 by a draft amendment to the Act on electronic acts and authorized conversion of documents (the "Amendment"), which is to abolish the automatic establishment of data boxes for individuals. In the light of the current socio-economic situation, such a regulation seems to be too ambitious for the submitter and, in his opinion, any necessary request for making a data box inaccessible would be too burdensome for natural persons.

Therefore, the Amendment should maintain the current situation where a data mailbox is established for natural persons (not engaged in business) exclusively upon their request. However, in order to repeal the current, but still ineffective, legislation, it is necessary that the Amendment be adopted by the end of this calendar year.

We will keep you informed of any further developments in this area. If you would like more detailed information, please contact the authors of this article or other members of EY Law or the EY team with whom you work.

Authors:

Jan Turek

Magdalena Hamáčková