Due to the lack of an adaptation law, the General Data Protection Regulation (GDPR) applies in the Czech Republic without any adaptations for the domestic environment. Lawyers warn of the possible risks arising from this. These concern mainly the threat to freedom of speech.
Risks to freedom of speech and a proposed GDPR exemption
As we wrote in March, the Czech government failed to pass the so-called adaptation law in time. This could have modified and adapted some of the provisions of the General Data Protection Regulation to the domestic environment. However, due to its absence, the GDPR applies in full in our country, without any exceptions.
According to lawyers, however, this state of affairs is somewhat risky, especially for academic, artistic and journalistic activities. It could threaten freedom of speech.
“For example – the authors of the government’s proposal omitted a special regime for the international transfer of personal data. As a result, this may prevent, for example, a travelogue about the Czech Republic depicting people in public spaces from being broadcast abroad,” explains attorney Katarzyna Žák Krzyžanková.
She adds that the lack of an adaptation law may cause some media outlets to resort to unnecessary self-censorship for fear of litigation. “It cannot be ruled out that media houses will be unwilling to risk draconian fines and time-consuming and costly litigation in every contentious case. Rather, they will then resort to self-censorship, which may threaten freedom of speech,” he concludes.
The Adaptation Act passed its first reading in the House of Commons in April. According to this proposal, artists, scientists and journalists should be given a de facto general exemption from the GDPR.
During the first weeks of the General Data Protection Regulation’s validity, have you encountered difficulties arising from the lack of an adaptation law and do not know how to deal with them? Do not hesitate to contact us – we are monitoring the situation and are ready to advise you as well.