The Czech Telecommunications Office recently issued an interpretative opinion on the most frequently asked questions regarding telemarketing after the amendment to the Electronic Communications Act (the “Opinion”). The amendment introduced, among other things, an opt-in regime for telemarketing, where only those, who have indicated in the public telephone directory that they wish to be contacted for marketing purposes, can be contacted. The Opinion clarifies that the prohibition applies only to public lists.

If the contacting party has obtained the number from another source, he or she must prove how he or she obtained it and that he or she is entitled to handle it in accordance with the legislation on personal data. The Opinion explains what can be considered a public list or who can set one up. It also makes clear that the ban applies to both natural persons and legal entities, regardless of whether they are entrepreneurs.

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