AI Watch: Global Regulatory Tracker – Czech Republic
The successful implementation of the EU AI Act into national law is the primary focus for the Czech Republic. The country’s National AI Strategy and the AI Implementation Plan are the main policy documents guiding this effort.
Laws and Regulations Directly Regulating AI
Currently, there are no specific laws, statutory rules, or regulations in the Czech Republic that directly regulate artificial intelligence (AI). The Czech Republic is not expected to enact its own complex regulation of AI, as the EU AI Act will fulfill this function for all EU Member States. However, the Czech Republic is active on the AI policy level and plans to adopt national AI regulations where the EU AI Act requires adaptation.
Notably, the government has approved a proposal for the implementation of the EU AI Act in the Czech Republic, known as the AI Implementation Plan, put forward by the Ministry of Industry and Trade. This plan outlines the necessary legal and institutional steps for effective enforcement, including the designation of key authorities and the finances needed for successful implementation.
The Implementation Plan aligns with the Czech National Artificial Intelligence Strategy 2030 (NAIS 2030), released in July 2024, to support the development and use of AI. This strategy was developed collaboratively between the Ministry of Industry and Trade, various research institutions, the private sector, and industry professionals. It builds on the Innovation Strategy of the Czech Republic 2019-2030 and aims to prepare society and the economy for digitization.
Status of the AI Regulations
The EU AI Act is addressed separately. As noted, there are no specific laws or regulations in the Czech Republic that directly regulate AI. The main focus is currently on the successful implementation of the EU AI Act into national law, which has the following four priorities:
- Appropriate changes to the Czech legal framework
- Active involvement in the negotiation of secondary legal acts on the EU level
- Setting up the enforcement mechanism, including ensuring the necessary professional capacities
- Creating a regulatory sandbox for AI
The Czech Republic will undertake several steps at the national level in the form of AI regulations where appropriate. These include:
- Establishing an exemption from prohibitions in Article 5 of the EU AI Act to allow for remote biometric identification in real-time for law enforcement.
- Setting up a system of sanctions and administrative fines.
- Testing in real conditions and supervising such testing.
- Supporting the creation of voluntary codes of conduct.
Other Laws Affecting AI
While there are no laws that specifically regulate AI, several existing laws may indirectly affect the development or use of AI in the Czech Republic. Key examples include:
- The Civil Code
- The Data Processing Act, implementing the GDPR
- The Consumer Protection Act
- The Copyright Act, particularly concerning required licenses for text and data mining
- The Anti-discrimination Act
- Antitrust and competition regulations
- Security and cybersecurity legislation, including the new Cybersecurity Act
Definition of “AI”
As of now, there is no specific definition of AI recognized by Czech national legislation. The definition contained in Article 3(1) of the EU AI Act is expected to be the key reference point in the Czech Republic.
Compliance Roles and Requirements
With no specific laws or regulations currently in place, there are also no unique obligations imposed on developers, users, operators, or deployers of AI systems. Compliance standards are primarily dictated by the EU AI Act.
Core Issues Addressed by the AI Regulations
Although specific regulations do not yet exist, the NAIS 2030 seeks to address several core issues related to discrimination and data protection, advocating for a legislative framework that prevents misuse of AI, discrimination, and ensures rights and privacy protection. It also emphasizes the impact of AI on the labor market.
Regulators and Enforcement
The Ministry of Labor and Social Affairs was initially designated as the main authority for implementing the EU AI Act. However, the Ministry of Industry and Trade has since taken the lead role. The distribution of responsibilities among various authorities includes:
- The Czech Telecommunication Office as the national market surveillance authority
- The Office for Technical Standardization, Metrology and Testing as the notifying authority for high-risk AI systems
- The Czech Agency for Standardization operating the Czech regulatory sandbox for AI
In conclusion, while the Czech Republic currently lacks specific laws regulating AI, significant efforts are underway to align national policies with the EU AI Act and prepare for the future of artificial intelligence in the region.
