Who is obliged to have a data box from 1. 1. 2023 and for whom it remains voluntary?

Written by Hana Křenková

I am thoroughly helping foreigners every day. My team and I provide comprehensive legal services both in Czech and English language.

December 14, 2022

From 1 January 2023, an amendment to the law that changes the rules of data boxes will come into force. It will create millions of new users who may not even know that a data box has been set up for them. For whom are the rules changing and for whom will electronic communication still be a voluntary matter?

All Czech public authorities – typically state authorities, foreign police and courts – are obliged to set up a data box. Attorneys, notaries, tax advisors and executors are also eligible. In addition, all legal entities registered in the Czech Commercial Register, e.g. limited liability companies, joint stock companies, etc., are obliged to do so. This may be your employer or insurance company.

The group with a mandatory data box also includes all non-business legal entities, i.e. associations, contributory organizations, churches and others, and business individuals, i.e. self-employed persons. All those who belong to these two groups and do not proactively set up a data box by the end of 2022 will have their data box set up automatically between 1 January 2023 and 31 March 2023. You can find out how the automatic set up process works and what to look out for in this article.

Initially, the group with an automatically set up data box was to include all natural persons who use a means of electronic identification, i.e. if they log in to any digital service of the state, for example, with a bank identity or eObčanka. However, this proposal was rejected by the government in early November.

If you belong to a group for which a data box will be set up automatically, but want to avoid the uncertainty of when the letter of invitation will arrive, you can set up a data box now.

For whom does the data box remain voluntary?

Non-business natural persons will avoid automatic set up. They can set up a data box voluntarily. This option is currently used mainly by foreigners who do not want to spend hours in offices and can send documents to public authorities (typically the Ministry of the Interior) electronically from the comfort of their homes.

It is not necessary to be registered in the Commercial Register to set up a data box, nor is it a requirement to have a trade license. You can apply for a data box for a natural person on your own behalf, or you can apply for a data box through a representative, who will provide proof of authorisation by a power of attorney with your officially certified signature.

How can you simplify the whole thing?

Looking for a way to make using your data box easier? Do you want to be able to see in your email what message you have received and be able to respond to it? We have a new free service called Saamo, which allows you to do everything about your data box yourself (data box in my email).

You May Also Like…