In the Czech Republic, advertising is regulated by multiple legal acts, which are largely influenced by EU legislation.

The basis of Czech advertising law is the Advertising Regulation Act implementing EU sector-specific regulation.

Further rules apply based on the:

• recipient of the advertisement (such as the Consumer Protection Act);
• advertising platform (such as the Press Act, the Radio and Television Broadcasting Operation Act, and the On-Demand Audiovisual Media Services Act); and
• advertised products or services (such as the Pharmaceuticals Act, the Banking Act, the Consumer Credit Act, the Election Campaigns Act, and the Gambling Act). 

In addition to the above, data protection laws apply, namely the General Data Protection Regulation (GDPR) and the Czech Personal Data Processing Act.

Advertising practices that constitute an unfair commercial practice are regulated, from a civil law perspective, by the Civil Code.

Ultimately, in cases of violations of rules on unfair competition, the Criminal Code and/or the Act on Criminal Liability of Legal Persons and Proceedings Against Them may apply (both natural and legal persons may be convicted).

There are multiple supervisory authorities whose competence is most often determined by the advertised product or service or advertising platform. There are several authorities with limited competence and one with competence unrelated to advertised content – the trade licensing offices, while none of the authorities listed below have exclusive authority.

Authorities with limited competence include:

• the State Institute for Drug Control (medicines);
• the Central Institute for Supervising and Testing in Agriculture (fertilisers and other agriculture-related products);
• the Agriculture and Food Inspection Authority (food and tobacco);
• the customs offices (gambling);
• the Office for the Supervision of the Financial Management of Political Parties and Political Movements (political advertisement);
• the Office for Personal Data Protection (protection of personal data and dissemination of electronic commercial marketing materials); and
• the Council for Radio and Television Broadcasting of the Czech Republic (radio and television).

Moreover, municipalities may regulate the placement and distribution of advertising materials.

Lastly, the courts also play a role in the event of a dispute resulting in the filing of an action or an interim measure concerning an infringement of unfair competition law.

In the worst-case scenario, if a violation of the unfair competition rules intentionally causes harm or results in substantial benefits, it cannot be ruled out that such conduct could be considered a criminal offence, which will be investigated by the law enforcement authorities, such as the police.

Both natural and legal persons may be held liable for a violation of the Advertising Regulation Act and, in that context, also for deceptive advertising.

The law stipulates various offences depending on the type of offender – whether the advertiser, advertising agency, or advertising distributor. A fine may be imposed on any or all of them. An advertiser may be exempt from liability if it can prove that the advertising agency produced the advertisement contrary to its instructions. By contrast, an advertising agency may only be exempt from liability if the truthfulness of the advertisement could not have been verified despite exercising all due diligence. The advertising distributor may be held liable in relation to the means of dissemination and for disseminating illegal content.

Under the Advertising Regulation Act, “advertising” is defined as an “announcement, demonstration or other presentation, disseminated, particularly through communication media, with the aim of promoting business activity, in particular, the promotion of the consumption or sale of goods, the construction, lease or sale of real estate, the sale or use of rights or obligations, the provision of services, or the promotion of a trade mark”.

No government pre-approval is necessary as there is no legislation in place regarding pre-approvals. Supervisory authorities have certain powers (removal/discontinuation/suspension) in relation to advertisements under the Advertising Regulation Act, but the Act does not authorise the introduction of a pre-approval system.

Under Czech law, capturing and/or sharing an image of an individual can be done only with their permission (the image of an individual is strictly connected to the person and cannot be used without proper permission). This also applies to audio and video recordings as well as any other form of recording.

The permission does not have to be in writing, but it is strongly recommended to have proof that the person consented to being recorded and publicised. Such permission can be withdrawn at any point, even when the permission was granted for a fixed period. On the other hand, if the permission is withdrawn without a legitimate reason, the individual who granted the permission may be liable for any damage caused by the inability to use the material covered by the consent.

In addition to the above, the relevant principles of personal data regulation (in particular those stipulated by the GDPR) shall also apply in certain cases.

The only universal advertising self-regulatory body in the Czech Republic is the Czech Advertising Standards Council (CASC). The CASC brings together clients, agencies and the media with the aim of ensuring that advertising is honest, legal, decent and truthful. Its Code of Advertising Practice sets out moral and ethical rules of advertising. Although the Code is not a legal regulation and is only binding on the members of the CASC, it is widely respected. The CASC is also qualified to provide an expert opinion that may serve as the basis for the competent public authority to impose sanctions.

The public may submit complaints to the CASC, which will subsequently review and evaluate them and issue a recommendation.

Further, the Association for Internet Progress (AIP) is a self-regulating body in the field of internet content which has issued several documents related to advertising, including:

• the Code of Conduct for Taking Over and Use of Third-Party Content; and
• the Code of Conduct for On-Demand Audiovisual Media Services.

Violations of soft law (ie, the rules and codes of self-regulatory bodies) are not directly sanctioned; however, non-compliance with a code of conduct to which a trader has undertaken to be bound may constitute a misleading commercial practice under the Consumer Protection Act.

If an advertisement constitutes an unfair commercial practice (as defined in the Civil Code), the person whose rights were jeopardised or violated by unfair competition or by unlawful restriction of competition may request that the violator:

• refrain from engaging in unfair competition;
• remove defective state;
• provide adequate satisfaction;
• provide compensation for any damage; or
• provide restitution for any unjust enrichment.

The above may be asserted by means of a civil action or injunctive relief.

The right to have the violator refrain from unfair competition or remove defective statements may also be exercised, in certain cases, by a legal person entitled to defend the interests of competitors or customers.       

A consumer affected by an unfair commercial practice may also withdraw from the contract within 90 days after its conclusion or seek an appropriate price reduction.

An amendment to the Advertising Regulation Act is currently going through the legislative process, aiming to change the regulation of advertising for pharmaceuticals and medical devices. The amendment proposes a detailed definition of pharmaceutical advertising, expressly prohibits certain forms of advertising, such as contests, lotteries or other similar games based on the quantity of drugs prescribed or dispensed, legalises certain forms of advertising of prescription-only medicines to consumers that are currently prohibited, and introduces new sanctions for prohibited advertising in this area. 

Legislation regarding new technologies used in advertising, particularly AI, is also expected.

The CASC’s Code of Advertising Practice provides additional ethical principles applicable to advertising. However, it cannot be said that advertisers in the Czech Republic need to be aware of any special taste or cultural concerns. On the contrary, experience shows that both the authorities and advertising recipients are relatively open compared to some other jurisdictions.

So far, there have been no political changes that have had a significant impact on advertising regulations. Following last year’s elections, there is a motion to change the financing of independent public television and radio broadcasters in a way that would make them dependent on government-allocated funds. This widely discussed proposal has raised concerns that restrictions and censorship could follow, as has occurred in some other European countries. A change in financing could also affect advertising, as the independent public broadcasters have announced that they intend to turn to advertising as an alternative source of funding. Currently, their television and radio stations carry only a very limited amount of advertising.

Deceptive advertising is advertising that relates to business, aims to promote the sale of property or the provision of services, and that deceives or is likely to deceive the persons to whom it is addressed or whom it reaches, and is thereby likely to influence their economic behaviour.

In assessing whether advertising is misleading, all its features should be considered. Particular attention should be paid to the information contained in the advertising concerning:

• the availability, nature, design, composition, manufacturing process, date of manufacture or provision, suitability for a specific purpose, usability, quantity, geographical or commercial origin, as well as more detailed specifications and other characteristics of the goods or services, including the expected results of use or the results and essential characteristics of tests or checks carried out;
• the price or the method of its determination;
• the conditions under which the goods are supplied or the service is provided; and
• the nature, characteristics, and rights of the advertiser, such as their identity, assets, professional competence, intellectual property rights, and awards or honours.

Any claim included in an advertisement must comply with the general rules of advertising. Claims, whether express or implied, cannot be misleading, deceptive, or false; otherwise, they may be prohibited under the Consumer Protection Act. On the other hand, the use of claims that cannot be objectively measured (ie, puffery) is generally permitted. However, it must be clear that the relevant claims or statements or other means of expression constitute puffery, with the assessment being made from the point of view of consumers who might be influenced by the advertising.

There are no rules specifically concerning the substantiation of advertising claims. Under both the Advertising Regulation Act and the Consumer Protection Act, the supervisory authority may require the advertiser to submit evidence supporting the truthfulness of the factual statements (claims) made in the advertisement, provided that such requirement is proportionate to the circumstances of the case and respects the legitimate interests of the advertiser or any other related party. If the proof is not provided, or if it is deemed insufficient, the factual claims are deemed incorrect.

General rules shall apply – ie, advertising must:

• comply with applicable law;
• be fair;
• not be contrary to good morals or attack political beliefs; and
• not promote behaviour that is detrimental to health, endangers the safety of persons or property, or that is detrimental to environmental protection interests.

Certain provisions included in sector-specific regulation (food, tobacco, etc) also apply.

Moreover, the list of unfair practices stipulated in the Consumer Protection Act includes certain practices related to product demonstrations – for example, a practice is always deceptive if the seller:

• offers a product or service for purchase at a certain price and then refuses to show it to the consumer, refuses to accept an order, fails to deliver the product or service within a reasonable time, or presents a defective product, with the intention of promoting another product or service instead; or
• represents that they, their product or the service they provide have been approved, endorsed or authorised when this is not the case, or when such representation does not comply with the terms of the approval, endorsement or authorisation.

Specific rules are in place for organised events for a limited number of consumers.

Lastly, there is also special regulation with respect to teleshopping on radio, TV and on-demand audiovisual media services.

If any endorsements or testimonials are used in advertising, they must not be misleading (the general rules prohibiting misleading advertising apply).

If a seller provides access to a consumer review, the information on whether and how the seller ensures that the published consumer review comes from a consumer who has used or purchased the product or service is essential. Failure to provide this information is a misleading omission, constituting a misleading commercial practice.

The Code of Advertising Practice stipulates that the media (including metaverse operators, computer game producers, communication platforms, and influencers) are responsible for disseminating advertising. It sets out specific self-regulation rules on personal recommendations in advertising, in particular:

• advertisements must not contain or refer to any personal recommendations or endorsements if such recommendations or endorsements are not true or if they are not based on the personal experience of the person making the recommendation over a reasonable period of time; and
• personal recommendations must not include any claims about the positive effects of the product unless there is reliable evidence of such effects.

Failing to disclose any consideration or a commercial relationship (especially by influencers) may constitute a misleading omission, as the consumer is unaware of the commercial motive behind the testimonial or recommendation, and further sanctions under the Consumer Protection Act may apply. Paid reviews must be clearly marked “paid co-operation” or “paid ad”.

Environmental claims are primarily governed by EU legislation, and the Czech Republic does not yet have any different or specific regulations. The EU Directive 2024/825 shall become applicable in September, tightening rules against greenwashing, including unsubstantiated climate-related or “green” and sustainability labels. The Czech implementing bill is still pending; however, it is expected to be adopted by the end of the year. Until its adoption, it is advisable to follow the rules set out in the Directive.

In addition to medium-specific rules (press, TV, radio), the Consumer Protection Act prohibits undisclosed commercial content. Specific disclosure rules also apply to online platforms and political advertising.

For more information, please see 5.1 Special Rules Applicable to Social Media.

Claims relating to country of origin are also specifically regulated under Czech law and must not be misleading to consumers. Furthermore, in radio, TV and on-demand audiovisual media, commercial communications are prohibited if they suggest that the country of origin is the Czech Republic without complying with the applicable conditions set out in the Food Act.

Other regulated claims also include stating the words “free”, “without charge” or words of similar meaning, claims that a branch is closing or that a business is ceasing operations, as well as various misleading or false claims prohibited under the Consumer Protection Act.

Topics such as stereotyping, inclusion, diversity and equity are generally addressed in Anti-Discrimination Act and the Advertising Regulation Act. The Advertising Regulation Act includes a general provision stipulating that advertising must not be contrary to “good morals”, explicitly prohibiting discrimination on the grounds of race, sex or nationality, and prohibiting the degradation of human dignity.

The Anti-Discrimination Act prohibits discrimination on certain grounds (eg, gender, race, ethnic origin, religion, age, sexual orientation and disability) and establishes legal mechanisms for defending against discrimination, including the possibility of seeking redress through the courts.

In 2022, the Czech Supreme Administrative Court issued a ground-breaking decision on nudity in advertising. In the advertisement in question, a naked woman with a covered face posed as furniture, while the men present in the same scene were dressed and did not have their faces covered. The Court ruled that the advertisement constituted gender discrimination, degraded human dignity, and was therefore contrary to good morals, in violation of the Advertising Regulation Act.

According to the Advertising Regulation Act, if advertising is addressed to persons under the age of 18, it must not:

• encourage behaviour that is detrimental to their health or physical or mental development;
• take advantage of the special trust placed in their parents, legal guardians or other persons; or
• show them in inappropriate or dangerous situations.

Moreover, the Consumer Protection Act sets out a detailed and extensive list of prohibited unfair commercial practices, including advertising directly encouraging children to purchase the marketed goods or services or to persuade an adult person to purchase them on their behalf.

According to the GDPR, children merit specific protection with regard to their personal data, as they may be less aware of the risks, consequences, safeguards and their rights in relation to the processing of personal data.

The term “dark practices” is not recognised under Czech law, but dark practices fall within the scope of the provisions on unfair competition under the Civil Code. Furthermore, these practices may, in some cases, violate consumer protection law, competition law, data protection law or even result in criminal liability in the most severe cases.

Directly applicable EU legislation also applies, such as the Digital Services Act, which prohibits online platforms from designing, organising or operating online interfaces in a way that deceives or manipulates recipients. The GDPR and, where applicable, the Digital Markets Act, provide additional directly applicable constraints.

Specific rules are in place for sponsorship in radio, TV and on-demand audiovisual services. These include the obligation to clearly identify each wholly or partially sponsored programme at the beginning and either during or at the end of the programme, with the name or title, visual symbol (logo) or other identifying mark of the sponsor. Electronic commercial communications must include information about the identity of the person on whose behalf the communication is made.

There are also certain soft-law rules in place, for example:

• a separate section in the Code of Advertising Practice dedicated to the identification of advertisements that resemble editorial content; and
• the AIP’s Code of Ethics for Taking Over and Use of Third-Party Content on the Internet ‒ in particular, its supplement called “Rules for Native Advertising” ‒ which includes basic rules for in-feed units.

Under Czech law, native advertising is not specifically regulated. Therefore, general advertising standards and self-regulatory practices apply.

The Consumer Protection Act prohibits paid promotion where the consumer cannot clearly recognise it as advertising from the content of the message, images or sound.

The AIP’s Rules for Native Advertising cover in-feed units as follows.

• The newsroom may participate only in creating its own content or content whose topic is determined by an external advertiser financially supporting such media, provided that the content itself is created by the newsroom (sponsored content).
• To maintain the transparency and credibility of the media, it is necessary to distinguish any type of PR article or sponsored content that may otherwise look like it was produced by the newsroom, using labels such as “commercial attachment” or “sponsored”.

These rules are also accompanied by several model cases.

Under Czech law (the Civil Code), comparative advertising is defined as advertising that directly or indirectly identifies another competitor or its products or services. It is permitted if it meets the following conditions:

• it is not misleading;
• it compares products or services that satisfy the same need or are intended for the same purpose;
• it objectively compares one or several relevant, important, verifiable and typical properties of goods or services, including price;
• it compares products with a designation of origin only to products with the same designation;
• it does not disparage a competitor, its position, its activities, its results or its identification, or unfairly benefit from such disparagement; and
• it does not present the advertiser’s products or services as an imitation or copy of trademarked products or services of a competitor, or of the competitor’s name.

In addition to the above:

• The Advertising Regulation Act sets out further rules for enforcement of compliance with the rules of comparative advertising, and also provides specific rules for comparative advertising of pharmaceuticals.
• The Consumer Protection Act stipulates that a commercial practice shall also be deemed to be misleading if it involves comparative advertising, which leads to confusion with another product or service, or with the trade mark, trade name or other distinctive signs of another seller.

The Code of Advertising Practice includes a specific section on price comparisons as well as several rules on discrediting and disrespecting competitors and their products.

If the general conditions for comparative advertising are met (see 4.1 Specific Rules or Restrictions), it should also be possible to use the name of a competitor or a competitor’s packaging in comparative advertising.

The advertiser may challenge claims made by a competitor through civil law proceedings.

If the rules on comparative advertising for medicinal products for human use, health services, medical devices or in vitro diagnostic medical devices are violated, a fine of up to EUR81,000 may be imposed under the Advertising Regulation Act.

A fine of up to EUR208,000 may be imposed if the comparative advertising is considered a misleading practice under the Consumer Protection Act.

Where the social harm caused by prohibited comparative advertising results in a significant degree of harm to other competitors or consumers, or provides a significant unfair advantage to the advertiser or another person, criminal liability may also arise for both natural and legal persons. The applicable penalty will depend on the extent of the damage caused.

Supervision is undertaken by the bodies listed in the Advertising Regulation Act, depending on how the advertising is distributed and the types of products being compared.

Ambush marketing is not defined in Czech law and there is no special legislation regarding ambush marketing in general in the Czech Republic.

However, certain parts of general legal regulation also apply to this form of offensive marketing, including:

• provisions of the Civil Code on competition law (for example, the prohibition of misuse of another’s reputation); and
• provisions of the Copyright Act on the protection of copyrighted works (if ambush marketing leads to the unauthorised use of visual, musical or cinematic materials).

The Act on the Protection of Olympic Symbolism also partly addresses ambush marketing practices.

As there is no specific law in the Czech Republic regulating social media, general rules for advertising apply (relevant parts of the Advertising Regulation Act, the Civil Code and the Consumer Protection Act as well as the Digital Services Act). The On-Demand Audiovisual Media Services Act may apply where the service falls within its scope; other media-specific and tax rules should also be considered.

In the case of social media advertising, the basic requirement is that advertisements must be labelled clearly and visibly.

From a soft-law perspective, the Code of Advertising Practice stipulates the following:

• Advertising disseminated through communication media also includes advertising disseminated in the metaverse, in computer games, on any communication platforms (Facebook, TikTok, X, Instagram, YouTube, and others), or through influencers.
• All posts by influencers on social media for which remuneration or other non-monetary consideration (ie, barter) has been provided must be explicitly labelled or distinguished as advertising – for example, using a function offered by the platform (eg, paid partnership), directly in the text of the post or through hashtags. When using hashtags, the hashtag indicating that the post is advertising should be placed before all others. The labelling of an advertising post must be clear and must not mislead the audience as to the nature of the post.

Lastly, the AIP has also issued various documents targeting social media, in particular:

• the Code of Conduct for Use of Third-Party Content;
• the Code of Conduct for On-Demand Audiovisual Media Services;
• the Influencer Code;
• the Code of Conduct for using AI in Influencer Marketing; and
• the Code of Conduct for Political Influencers.

An advertiser is not automatically liable for every third-party content posted on its website or social-media channel. Liability becomes likely where the advertiser knew or should have known that the content was unlawful and failed to remove it promptly, or where it selected, edited, reposted, pinned, boosted or otherwise endorsed the content, as it may then be treated as the advertiser’s own content.

The advertiser is liable for the content of the advertisement jointly and severally with its creator, unless it is proven that the advertising was carried out contrary to the advertiser’s instructions. This rule applies to all kinds of advertising, including on social media.

If the advertiser falls within the definition of a provider of information society services (such as online marketplaces or discussion forums), it may, subject to the conditions outlined above, also be held liable for:

• the content of transmitted information (content posted by users);
• the content of automatically and temporarily stored information; and
• the storage of content provided by users of its service.

Additional rules apply under the Digital Services Act, if applicable.

Online disclosures are subject to general advertising rules and, where applicable, additional requirements under the Digital Services Act, including identification of the advertisement, the advertiser and payer, and the main parameters used for targeting, as well as the Consumer Protection Act and the AI Act.

For more information, please see 2.7 Disclosures and 5.1 Special Rules Applicable to Social Media.

General requirements for advertising apply, as there are no specific national laws regulating the use of social media platforms.

For more information, please see 2.7 Disclosures and 5.1 Special Rules Applicable to Social Media.

To the authors’ knowledge, there are no social media platforms that are not permitted to be used in the Czech Republic. However, the National Cyber and Information Security Agency issued a warning about the TikTok and WeChat apps, labelling them a security threat.

The email marketing rules (referred to in Czech law as the electronic dissemination of commercial communications) are primarily set out in the Information Society Act, which largely implements EU law. Under the Information Society Act, all forms of communication, including advertising and solicitation to visit websites, which are intended to directly or indirectly promote goods, services or the image of a person’s business, are considered commercial communications.

Specific rules apply with respect to e-mail marketing (dissemination of commercial communications):

• Contact details may be used only where the recipient has given their consent (in compliance with the GDPR).
• If a (natural or legal) person obtains the contact details of a customer in connection with the sale of a product or service, in accordance with the personal data protection requirements, it may use those contact details to disseminate commercial communications relating to its own similar products or services, provided that the customer has a clear and unambiguous opportunity to refuse consent to such use in a simple manner, free of charge or at the expense of that natural or legal person, when sending each individual message, if the customer did not initially refuse such use.
• The dissemination of commercial communications by e-mail is prohibited if:
1. they are not clearly and unambiguously marked as commercial communications;
2. they conceal or disguise the identity of the sender on whose behalf the communications are made; or
3. they are sent without providing a valid address to which the addressee can directly and effectively indicate that they do not wish to receive such communications from the sender.

Supervision in the field of e-mail marketing is entrusted to:

• regional trade licensing offices (in compliance with the Advertising Regulation Act);
• the Office for Personal Data Protection (in compliance with the Information Society Act and the GDPR);
• the Czech Trade Inspection Authority (in compliance with the Consumer Protection Act in relation to repeated unsolicited offers); and
• the Czech Telecommunications Office (in compliance with the Electronic Communications Act).

In addition to the sender, the advertiser is also responsible for the dissemination of email advertising. The advertiser must be able to evidence consent to the sending of commercial communications or facts establishing an exception. The Office for Personal Data Protection has pointed out that there is strict liability for the dissemination of commercial communications without the consent of the recipients, which cannot be waived by contractual delegation of liability to another party.

Sanctions for violating rules of email marketing will differ depending on which of the above-mentioned laws was violated. A penalty may be imposed for violations of:

• the Advertising Regulation Act (up to EUR81,000);
• the Information Society Act (up to EUR416,000);
• the Electronic Communications Act (up to EUR2.08 million for legal entities/entrepreneurial natural persons and up to EUR4,170 for natural persons);
• the Consumer Protection Act (up to EUR208,000); and
• the GDPR (up to EUR21.5 million).

In cases of violation of the Civil Code, the remedies detailed in 1.8 Private Right of Action for Consumers are available.

The most common offence in practice is the sending of advertising e-mails without a legal basis. In such cases, sanctions are imposed by the Office for Personal Data Protection. Where there is a higher number of recipients or a longer period of time over which the communications were sent, sanctions as high as EUR230,000 or EUR321,000 have been imposed.

The provisions of the Electronic Communications Act, the Advertising Regulation Act, the Consumer Protection Act and the GDPR apply to telemarketing.

Pursuant to the Electronic Communications Act, telemarketing is prohibited unless:

• the number owner has indicated in the public directory that they wish to be contacted for marketing purposes; and
• the telemarketer has obtained the consent of the number owner.

Contacting based on randomly generated telephone numbers is also forbidden. Direct marketing through automated calling systems without human intervention is also prohibited unless the caller has the prior consent of the number owner. The above rules also apply to the contact information of number owners who are legal persons. 

If the telemarketing rules are violated, a fine of up to EUR2.08 million for entrepreneurs and up to EUR4,170 for natural persons may be imposed under the Electronic Communications Act.

In addition to the technical possibility of blocking some incoming calls on a mobile phone, the call recipient may also contact the Czech Telecommunication Office, which supervises compliance with the obligations set out in the Consumer Protection Act, as the calls may be assessed as an aggressive commercial practice under the Act.

Lastly, the Civil Code stipulates the following.

• Where the trader contacts the consumer orally by telephone or a similar device, the trader shall, at the beginning of each call, disclose to the consumer the business purpose of the call and details of their identity and, if they are telephoning on behalf of another person, details of their identity.
• An offer made during a telemarketing call, as described in the previous paragraph, must be confirmed by the trader to the consumer in text form without undue delay. The consumer is bound by the offer only after they have given their consent electronically or by signing a written confirmation of the offer (it is not possible to conclude a contract via telephone only).
• If a contract is concluded, the trader shall issue the consumer with a written confirmation of the contract within a reasonable time after its conclusion, but no later than upon delivery of the goods or before the service begins.

Text messages are considered commercial communications under the Information Society Act. Accordingly, the same rules apply. Each commercial communication must contain a valid address to which the recipient can directly and effectively send a request to stop receiving commercial information from the sender. In the case of SMS messages, it is advisable, for example, to provide a telephone number allowing the recipient to opt out of commercial communications, or for example by sending a text message – eg, “stop”.

Under the Electronic Communications Act, anyone who intends to use or uses electronic communications networks to store data or to access data from subscribers or users is obliged to have the user’s prior demonstrable consent (opt-in regime). Any related processing of personal data must also have a GDPR legal basis.

Under the GDPR, children merit specific protection regarding their personal data as they may be less aware of the risks, consequences and safeguards, as well as their rights in relation to the processing of personal data. This specific protection applies to the use of children’s personal data for the purposes of marketing, creating personality or user profiles, and the collection of personal data with regard to children when using services offered directly to a child. The consent of the holder of parental responsibility is not necessary for preventive or counselling services offered directly to a child. The Personal Data Processing Act permits the child to give consent independently from the age of 15 in connection with the provision of information society services.

It is prohibited to disseminate advertisements in paper form to people who have previously stated that they are not interested in such offers.

Contests and sweepstakes are generally permitted if they do not constitute an unfair commercial practice under the Civil Code and the Consumer Protection Act.

Under the Consumer Protection Act, a consumer contest is a contest, survey or other event organised for consumers that is directly connected to the promotion/offer/sale of a product or service. The seller undertakes to pay cash or non-cash prizes to participants identified at random, where participation in the competition depends on the purchase of a specific product or service, the conclusion of a contract with the seller, or the consumer’s participation in a marketing event organised by the seller.

General requirements for a consumer contest are:

• clear and comprehensive rules in the Czech language provided to all entrants must be available for the whole duration of the consumer contest;
• the prizes that are advertised must be the same as the prizes given to consumers; and
• at least one prize must always be awarded (at least one winner).

A consumer contest as defined by law is never classified as gambling under the Gambling Act.

Moreover, rules on personal data protection (the GDPR), advertising (the Advertising Regulation Act) and tax (the Income Taxes Act) also apply.

In the context of consumer protection law, there is no distinction made between contests of skill and games of chance, as long as the winner is selected at random. Should the winner be selected solely based on their skill (ie, the best wins), such practice would not be considered a “consumer contest” as defined in 7.1 Sweepstakes and Contests.

There is no clear definition of a contest of skill; however, such contests are generally governed by the Civil Code, with the most important rule being that if the prize is not awarded, the winner cannot claim it. However, if the contest of skill requires only manual skill or physical exercise on both sides, the prize can be claimed, and once the prize has been awarded, the losing party cannot reclaim it.

A contest of skill may also meet the definition of gambling under the Gambling Act – if the outcome depends in whole or in part on a coincidence or chance, it is classified as gambling (provided that the other conditions of gambling are also met, such as placing a bet).

No registration or filing is required for a skill-based contest or chance-based game unless it falls under the scope of the Gambling Act. As mentioned in 7.2 Contests of Skill and Games of Chance, consumer contests as defined by law are not subject to the Gambling Act.

Under the Consumer Protection Act, products must not be advertised as “free of charge” when their acquisition requires additional costs other than the real costs of postage, communication or shipping, where applicable. If other costs apply, the word “free” should not be used and a disclaimer must be provided, otherwise it would be considered a deceptive business practice.

It can also be considered a deceptive business practice if a seller offers products or services at a certain price without disclosing any reasons to believe they cannot supply them – either directly or through another trader – in the advertised quantity or at that price for the stated period (bait advertising).

For reduced-price goods (not services), sellers must inform consumers of the lowest price at which the product was previously offered or sold. This obligation does not apply to rebates, unless a discount is presented as a personalised offer but is actually available to the general public. Examples include widely shared discount codes like “20% off everything this weekend with code XYZ”, or offers such as “25% off for loyalty members”, where most customers qualify.

An entrepreneur providing a publicly available electronic communications service or providing a connection to a public communications network must inform the consumer in writing, at least one month before the expiry of a fixed-term renewable contract, of the imminent termination of the contract and of the options for its extension. If the contract is automatically renewed, the consumer has the right to terminate the contract at any time free of charge, subject to a maximum notice period of one month. Furthermore, the service provider must inform the consumer about the most advantageous prices for the services it provides. Information on the most advantageous prices must be given to all customers at least once a year.

Specific rules on automatic renewal are also stipulated by the Energy Act, with similar information about the obligation to notify consumers of prolongation, new prices and conditions before automatic renewal.

In addition to the sector-specific regulations mentioned above, Czech law does not specifically regulate automatic renewals and ongoing offers. However, such practices must still comply with consumer protection laws, particularly those contained in the Consumer Protection Act and the Civil Code.

The Civil Code imposes extensive information requirements when contracting with consumers, including details on the contract’s duration and termination terms.

There are presently no special rules or guidance on artificial intelligence used in advertising. However, many provisions of the AI Act, which was adopted in 2024, are coming into force in August 2026.

Under the AI Act, the deployers of AI systems that generate or alter images, audio, or video content as deepfakes must disclose their artificial origin. Regarding disclosure and other obligations under Article 50 of the AI Act, official guidelines were published, as well as recommended labels for AI content. Deepfakes are considered to be any content that recreates a real person, object, place or situation and that could be interpreted as real by the audience, including product images often used in advertising. Deployers of AI that generate or alter images, audio, or video content must also ensure that the outputs of the AI system are labelled in a machine-readable format and can be identified as having been artificially generated or manipulated.

With regard to self-regulation, the AIP has published a Code of Conduct for using AI in Influencer Marketing.

There are no special rules or guidance related to making claims that a product is developed through the use of AI, is powered by AI, or has AI-related capabilities. Therefore, general provisions apply, especially regarding the provision of truthful and relevant information to consumers before entering into a contract under the Consumer Protection Act, as well as general advertising regulations.

There are no national rules or guidance related to the use of chatbots. The AI Act applies as well as the GDPR, therefore when using chatbots, it is crucial to inform any customers or visitors to the website about the use of AI chatbots or AI agents.

As of 1 July 2026, crypto-asset services directed at Czech clients may generally be provided only by an authorised EU CASP or by a regulated financial institution that has made the relevant notification under the Markets in Crypto Assets Regulation (MiCA). In the Czech Republic, such institution is the Czech National Bank (CNB).

Genuinely unique and non-fungible NFTs are generally outside MiCA. However, a series or collection of NFTs may fall within MiCA where it is effectively fungible or marketed as an investment or payment product; substance prevails over the label. Pure NFTs remain subject to ordinary Czech advertising, consumer-information, IP and AML rules, and a token that qualifies as a financial instrument is regulated under the applicable financial-markets regime rather than MiCA.

There is currently no specific regulation governing advertising within the metaverse, therefore general regulations apply, as stipulated in the Code of Advertising Practice, the GDPR, and the Advertising Regulation Act, amongst others.

Gambling (Including Lotteries)

Advertising of gambling is not prohibited; however, it must:

• not contain any suggestion that gambling could be a source of income in a similar way as employment, independent business or other activity;
• not target persons under the age of 18 ‒ in particular, it is prohibited to depict persons under 18 years of age or use elements, means or actions that primarily address underage audience; and
• contain a clear statement that any participation of persons under the age of 18 in gambling is prohibited and a visible warning stating: “The Ministry of Finance warns: Participation in gambling may lead to addiction!”.

A special provision of the Gambling Act stipulates that no advertising, communication or other form of promotion can be placed on the building in which the gambling premises are located (ie, a casino).

Alcohol

The advertisement of alcohol is not prohibited, but it is subject to strict regulation. It is prohibited to:

• encourage immoderate use of alcoholic beverages or make negative or ironic statements regarding sobriety, abstinence or a cautious approach to alcohol;
• target persons under the age of 18 ‒ it is prohibited to depict minors or persons who look like they are under the age of 18 consuming alcoholic beverages, or to use elements, means or actions that primarily appeal to an underage audience;
• link alcohol consumption to increased performance or make any association with driving a vehicle;
• create the impression that alcohol consumption leads to social or sexual success;
• suggest that alcohol has medicinal properties, a stimulating or calming effect, or that it can solve personal issues; and
• highlight alcohol content as a positive characteristic of the beverage.

Alcohol is also subject to special provisions in the On-Demand Audiovisual Media Services Act and Radio and Television Broadcasting Operation Act, stipulating very similar rules to the ones listed above. In addition, these two Acts explicitly refer to self-regulatory codes to provide more detailed requirements related to alcoholic beverages.

Tobacco

Advertising of tobacco products is prohibited, with limited exceptions.

Such exceptions (upon meeting further conditions below) include:

• advertising (printed materials) targeted at experts in the field of tobacco business;
• advertising in specialised tobacco shops or windows/signs of such shops or in parts of larger shops which are intended for the sale of tobacco products; and
• motorsport competitions and sponsorship communications at such events (unless it involves sponsorship of events or activities which involve several EU or EEA member states or otherwise achieve cross-border effects).

All tobacco advertising must include a distinctive warning (the wording is stipulated in the Act) and must not target persons under 18 years of age or encourage smoking.

The prohibition of tobacco advertising also applies to sponsorship if its purpose or direct or indirect effect is tobacco advertising. In addition to the general regulation, the On-Demand Audiovisual Media Services Act and the Radio and Television Broadcasting Operation Act include specific provisions banning audiovisual advertising and sponsorships related to tobacco products, including product placement and sponsorship by entities primarily engaged in manufacturing or selling tobacco products.

E-Cigarettes

The regulation of advertising of e-cigarettes is very similar to that of tobacco products.

Psychomodulatory Substances

The regulation of psychomodulatory substances is very similar to that of tobacco products. The prohibition on advertising does not apply to the advertising of psychomodulatory substances within the premises of a shop specialising in the sale of psychomodulatory substances.

Pharmaceuticals

Regulation of advertising in this field is different depending on whether the advertising is aimed at the general public or healthcare professionals. Advertising of prescription-only medicines or medicines containing narcotic drugs and psychotropic substances aimed at the general public is completely prohibited.

The main rules on advertising pharmaceuticals to the general public are as follows:

• Only duly registered medicinal products for human use that can be used without diagnosis, prescription or treatment by a general practitioner may be advertised.
• Any information given in the commercial communication must correspond to the information listed in the approved product summary of the pharmaceutical.
• The advertisement must support the rational use of the pharmaceutical by objectively introducing it without exaggerating its properties.

Advertising targeting healthcare professionals may only be distributed through channels primarily intended for them (eg, professional publications or audiovisual programmes). Additional content requirements also apply. Comparative advertising of medicinal products and healthcare services is permitted under the Civil Code, but only if directed at professionals.

Medical Devices and In Vitro Diagnostic Medical Devices

The Advertising Regulation Act introduced industry-specific regulations for medical devices, similar to those for pharmaceuticals, with different regulations depending on whether the advertising targets the general public or healthcare professionals.

In general, only devices that comply with relevant EU and national regulations can be advertised. Commercial communications regarding medical devices and in vitro diagnostic medical devices must not reference administrative authorities.

Therapeutic Products

Therapeutic products are products that claim to have health benefits but are not pharmaceuticals or medical devices, such as vitamin supplements.

Advertising of therapeutic products is legal but subject to the general advertising rules as well as additional conditions. In relation to advertising therapeutic products, it is prohibited to:

• suggest that the product is a medicinal product, a medical device, an in vitro diagnostic medical device or a food for special medical purposes;
• suggest that the use of the product will improve or maintain the user’s health;
• imply that not using the product could negatively affect a person’s health; and
• promote the product based on endorsements from scientists, medical professionals, or individuals who are not experts but whose real or perceived social status could influence consumer behaviour.

Additional rules apply under the Radio and Television Broadcasting Operation Act and the On-Demand Audiovisual Media Services Act for foods and beverages high in nutrients and substances whose excessive consumption is discouraged (in particular fat, saturated fat, trans fatty acids, salt or sodium and sugars).

Financial Products and Services

Advertising of financial products and services is regulated by multiple Acts, such as the Banking Act, the Consumer Credit Act, the Collective Investments Act and the Supplementary Pension Insurance Act.

The Consumer Credit Act includes detailed regulations on advertising consumer credit. In general, providers and intermediaries must not use unclear, false, misleading, or deceptive information when communicating with consumers. If a consumer credit offer or its intermediation includes any cost-related figures, it must also present a representative example containing specific information as required by the Act.

Food

Nutrition and health claims may be included in food advertising only in accordance with the applicable EU regulations.

Advertising for food supplements and foods for particular nutritional uses must clearly display the terms “food supplement” or “food for particular nutritional uses,” especially in printed materials. Specific rules also apply to the advertising of infant and follow-on formulae.

In addition, the Consumer Protection Act prohibits offering products that are dangerous due to their interchangeability with food.

The Code of Advertising Practice sets out non-binding rules on the advertisement of food in general.

Others

Additional industries subject to further regulation include funeral services, firearms and ammunition, plant protection products, veterinary pharmaceuticals, as well as temporary accommodation and other recreational services.

Product placement rules are primarily stipulated in the On-Demand Audiovisual Media Services Act and Radio and Television Broadcasting Operation Act.

Product placement is legal; however, it cannot be used in news and political-publicist broadcasts, consumer publicity programmes, religious programmes and children’s programmes. It is not considered product placement if goods are provided free of charge and without any special payment (ie, production props, competition prizes), with the aim of including them in a show or broadcast.

Any show or programme with product placement must comply with the following rules:

• It must be visibly identified as containing product placement at the beginning, at the end and, if there is a commercial break, also after the commercial break, so that the audience cannot be misled.
• The editorial responsibility and independence of the media service provider must not be compromised by the product placement or by the inclusion of the programme in the TV/radio broadcast.
• It must not clearly incite any purchase, for example by specifically mentioning goods or services for advertising purposes.
• It must not overly highlight the placed product.

Product placement of tobacco products, e-cigarettes, pharmaceuticals, and psychomodulatory substances is prohibited.

The Council for Radio and Television Broadcasting has issued a recommendation to broadcasters that any content with product placement should be marked with a pictogram consisting of the letters PP in letters on a black background, which will be displayed for at least five seconds in the lower right corner of the screen and occupy at least 15% of the screen area.

If the product placement does not comply with the above rules, it can be considered unfair commercial practice under the Consumer Protection Act and Advertising Regulation Act.

On 10 October 2025, a new Act on Election Campaigns and on Transparency and Targeting of Political Advertising came into force. Political advertising is subject to specific transparency, labelling, record-keeping and targeting requirements, including separate data-protection safeguards.