There are rules to protect you. They’re just hidden in a maze of paragraphs where even a savvy shopper can easily get lost. Yet right now, the stakes are getting higher: online marketplaces mix sellers, discounts are measured in days and prices can be tailored to your profile. One overlooked alert, one premature “I agree” – and the other party holds the cards.
In this article, we explain what laws regulate the consumer relationship and protection, what exactly they address, what your rights as a consumer are, what obligations a business has and what has changed with recent amendments. At the end you will also find a glossary of the most common terms.
The Civil Code sets the basic framework for any sales, service or licensing agreement. It defines who is a consumer (a person acting outside the scope of a business) and who is an entrepreneur, regulates consumer contracts, rights arising from defective performance, and withdrawal from contracts concluded at a distance or outside the premises of an entrepreneur.
At the same time, there is the Consumer Protection Act. The latter focuses on fairness in the market: it prohibits unfair commercial practices (misleading and aggressive), regulates information obligations, supervision and sanctions, provides for out-of-court dispute resolution (ADR), and also lays down special rules for discounts, reviews or online marketplaces.
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The Consumer Protection Act explicitly describes what constitutes a deceptive or aggressive practice. It is also misleading if the communication is not directly false but leads the consumer to make a decision he would not otherwise have made – for example, if the e-shop withholds essential information about the final price or inflates the original price for a discount. There is also a blacklist of practices that are always prohibited – for example, falsely claiming that a product cures diseases or persistent and unsolicited calls to buy.
Example of a prohibited practice: an e-shop runs a timer “Event ends in 00:20:00”. You refresh the page and the time shows two hours again. This is not a restricted offer, but a prohibited solicitation.
In 2023, an amendment to the Consumer Protection Act introduced a strict rule for the announcement of discounts: if a trader announces a price reduction, he must state the lowest price at which he has sold the goods in the last 30 days. This has reduced the “pre-Christmas” or “black-friday” tricks of artificially inflating original prices.
Example of a prohibited practice: a jacket is sold for CZK 3,000 for the whole month of November. Three days before the event, the trader prices it at CZK 4,500 and announces “40% off” on Black Friday.
The amendment has also defined online marketplaces and imposed extended information obligations on them: it must be clear whether you are buying from a business or a private person, how they rank offers, whether the price is personalised and how they verify the authenticity of reviews. The aim is for the consumer to make decisions based on full and honest information.
Typical examples of online marketplaces operating in our country include Allegro, Alza, Vinted, Temu or AliExpress.
The seller must clearly inform who is the competent ADR entity for his/her field (e.g. CTIA, ERO, financial arbitrator, CAK, etc.). You can then file an out-of-court settlement within 1 year of the first claim with the entrepreneur. The proceedings are free of charge for consumers (with exceptions), the parties bear only their own costs. ADR aims to resolve the dispute amicably, no binding decision is issued (except by a financial arbitrator, who issues a binding decision).
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Supervision of compliance with the obligations under the Consumer Protection Act is mainly carried out by the Czech Trade Inspection Authority, but competences are divided according to segments (telecommunications – CTU, energy – ERO, food – SZPI, etc.).
If you conclude a contract remotely (e-shop, telephone) or outside the premises of the entrepreneur (door-to-door sales), you have 14 days to withdraw without giving a reason. The period runs from the date of receipt of the goods (for services, from the conclusion of the contract). If the trader forgets to inform you of your right to withdraw, the period is extended.
After the amendments, it is clearer how to deal with defective goods: you have a primary right to repair or replacement, unless the chosen method is impossible or disproportionately expensive. Only then does a discount or withdrawal come into play.
In addition, for digital content and digital services (apps, cloud, e-books), there is an obligation to provide updates for a period of time that you reasonably expect or that is agreed. If a defect becomes apparent within 1 year of making it available, the product is deemed to have been defective to begin with.
The European Directive has also harmonised the rules for the provision of digital content and services and the Czech Republic has transposed it into the Civil Code. Digital content is considered to be data in digital form (apps, games, e-books), while digital services are, for example, the cloud or a social network. Goods with digital elements (e.g. a smartphone) combine the classic purchase of a physical object with the obligation of continuous updates.
The Act on Certain Information Society Services lays down identification obligations for e-commerce operators and rules for unsolicited commercial communications (e-mails, SMS). To send a newsletter, you must give your consent or the legal conditions for reaching an existing customer must be met. It also applies that you always have the right to simply unsubscribe.
Example of a prohibited practice: after a purchase you start receiving emails with offers. There is no clear “Unsubscribe” in the footer, just grey text with a link to the terms and conditions. When you click, you are taken to a page that asks you to first create an account, enter a password, and go through several screens with pre-checked consents.
The Electronic Communications Act regulates subscribers’ rights vis-à-vis electronic communications service providers – from transparent contracts to the right to number portability to distance contracting rules. From 2022, the amendments have tightened the rules on cookie consent and put more emphasis on consumer information.
In the energy sector, consumer protection is overseen by the Energy Regulatory Office (ERO), which is also the competent ADR body for energy supply disputes and disputes with intermediaries in the energy sectors (e.g. supplier auctions). The ADR procedure is written, without the need for personal participation.
Disputes with banks, payment service providers, electronic money issuers, insurance companies or certain investment services are handled by a financial arbitrator – a special body whose decisions are binding. The procedure is free of charge and the condition is that you first try to resolve the dispute directly with the institution.
The State Agricultural and Food Inspectorate (SZPI) oversees food safety, quality and correct labelling. In practice, it deals, for example, with misleading nutrition claims or incorrect origin data.
Since 2018, the EU has had a ban on unjustified geoblocking: a trader must not unjustifiably block access to a website or automatically redirect because of nationality or residence, and customers should be able to buy on the same terms as locals unless other legal barriers (e.g. VAT, traffic restrictions) prevent this.
Example of a prohibited practice: a German e-shop offers a coffee machine at a great price. But the site won’t let you buy it just because you are from the Czech Republic.
Let’s take a look at the key terms you will encounter most often in the Consumer Protection Act and related regulations:
A consumer is a natural person who enters into a contract outside the scope of their business or profession. On the other hand, an entrepreneur is someone who acts within the scope of his or her business. The scope of protection depends on this (e.g. the right of withdrawal for distance contracts).
A contract concluded between a consumer and an entrepreneur. The Civil Code lays down special rules for these contracts: the need to provide the consumer with important information before the conclusion of the contract, the 14-day right of withdrawal for contracts concluded at a distance or outside the business premises of the trader, and the regime of rights for defects.
Conduct by a trader which distorts the consumer’s decision-making (misleading) or puts undue pressure on the consumer (aggressive). This includes situations where the communication is formally true but withholds important information.
A service (e.g. a platform or app) that allows consumers to contract remotely with different sellers. The operator must clearly state who is actually selling, how offers are ranked and whether price personalisation is used.
A price adjusted according to a customer’s profile (e.g. based on web behaviour). If the business uses it, it must explicitly state this.
Digital content is data in digital form (e.g. apps, games, e-books), a digital service is for example a cloud or a social network. The provider has an obligation to provide functionality and updates for an agreed or reasonably expected period of time.
A tangible item (e.g. a smartphone) that relies on software to function properly. In addition to the classic rights of defects, there is also an obligation to update the digital component.
A voluntary and free procedure to help parties find an amicable solution to general consumer disputes. The seller must clearly inform who the competent ADR entity is for his/her sector and, in the event of a dispute, provide this information on a durable medium.
There is a ban on unjustified geoblocking in the EU: a trader must not unreasonably block access or redirect customers because of nationality or residence; the consumer should be able to buy on the same terms as a local (with exceptions provided by law).
Consumer protection rests on two pillars: the Civil Code and the Consumer Protection Act. Supervision is divided between several authorities (e.g. CTU, ERO, SZPI, etc.) and disputes can be resolved out of court (ADR) – usually free of charge and amicably, except for the financial arbitrator who makes binding decisions. Important additions are sectoral regulations (e-commerce and commercial communications, telecommunications, energy, finance, food) and directly applicable EU rules.
In practice, look out for completeness and truthfulness of information before purchase, transparent discounts and reviews, easy unsubscription from newsletters, fair treatment of intermediaries, and always proceed from repair/replacement to discount or withdrawal for defects. If you encounter a problem, first ask the trader for redress, then use ADR with the relevant authority – even a failed attempt can be worthwhile in court.
See if the merchant lists the lowest price in the last 30 days. If not, it’s a problem. The CTIA also publishes model examples of correct discount marking.
ADR is fast and free. No binding decision is issued for the general agenda (CTI). Even an unsuccessful ADR attempt can be useful in court as evidence that you have tried to resolve the matter out of court.
Make sure the vendor explains how it verifies reviews. If clear information is missing or you come across an obviously suspicious pattern, submit a complaint to the supervisor and attach specific examples.
Write a brief appeal to the operator’s contact email with a clear request to stop sending and the address to which the communication is sent.
No. The ban on geoblocking does not mandate delivery to all states. But it must allow purchases on the same terms as local purchases (e.g., pickup at the location where it normally delivers), without unwarranted blocking of access.
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Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 10 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.
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