What rights does the entrepreneur have:

The entrepreneur, as a party to proceedings for the issue of the entrepreneur's certificate and in proceedings for the revocation of the validity of the entrepreneur's certificate, has the right to:

  • consult the security file before taking a decision (Section 124 of the Act) and extracts from it, with the exception of that part of the security volume, which contains classified information (Section 89c of the Act),
  • be represented by a lawyer or another representative of their choice (Section 92e of the Act),
  • file an appeal against the decision of the Office issued in the security proceedings (Section 125 of the Act),
  • withdraw in writing the application of the entrepreneur (Section 93(4) of the Act) – only in proceedings for the issue of an entrepreneur’s certificate, the right may not be invoked between the date of the decision and the commencement of the appeal proceedings and the date of the appeal decision;
  • ask in writing for a stay of proceedings for a reason that prevents him from participating in the proceedings for a long time, for a maximum period of 60 days, it is possible to request a stay repeatedly (Section 112(1)(e) of the Act),
  • to object to the bias of the official within 15 days from the day on which he became aware of the official involved in the proceedings, the objection must be justified (Section 90(3) of the Act).

What are the responsibilities of the entrepreneur:

The entrepreneur is as a party to the proceedings under Section 103(3) of the Act in the course of the proceedings, must immediately notify the Office in writing of changes to the information contained in the application for the issue of the entrepreneur's certificate.

Entrepreneur who holds the certificate of entrepreneur, according to the Section 68 of the Act obliged to:

  • hand over the certificate of the entrepreneur to the Office within 15 days, whose validity has expired pursuant to Section 56(1)(b), (f) or (l) of the Act,
  • immediately notify in writing the Office loss or theft of the certificate entrepreneur or certificate of entrepreneur for foreign power (certificate) a such damage to the certificate entrepreneur or the entrepreneur's certificate for foreign power (certificate) that the entries in it are illegible or its integrity is violated,
  • immediately notify in writing the Office data changes referred to under Section 97(a), (b), (c) or (q) of the Act a Section 98(c) of the Act in the entrepreneur's questionnaire and in his security documentation and further Establishment or cancellation of a Reserved category Secured Area,
  • Announce in writing each year the Office on the date, which coincides with its designation with the date of issue of the certificate of the entrepreneur, changes to the data referred to in the application of the entrepreneur pursuant to Section 96 of the Act,
  • ensure the protection of classified information; upon expiration of the validity of the certificate of the entrepreneur,
  • send the Office Decision on the approval of the conversion project under the Act on Transformations of Commercial Companies and Cooperatives, the entrepreneur within 15 days from the date of its adoption.

Other obligations of the entrepreneur, who has access to classified information, they are specified in Section 69 of the Act. Furthermore, an entrepreneur who has access to classified information is obliged under Section 71 of the Act establish and fill the post of Security Director and notify the Office in writing of the name, surname and personal identification number of the person performing this function within 15 days of the date of filling the post of Security Director.

In connection with compliance with the obligations laid down by law, it should be noted that in the event of a breach of certain obligations, such conduct may be classified as an offence. For such an offense (Sections 154 - 156 of the Act) a fine of up to CZK 5 000 000 may be imposed.

Entrepreneurs who have access to classified informationm after the expiry of the current certificate of entrepreneur, is obliged to apply in writing to the Office for the issue of a new certificate of entrepreneur before the expiry of the current certificate of entrepreneur Section 96(3) and (4) of the Act) within a period of at least:

  • 7 months for the certificate of the entrepreneur for the classification level Confidential,
  • 9 months for the Entrepreneur's Certificate for the Secret and
  • 11 months for the Entrepreneur's Certificate for Classification Top Secret.

If the entrepreneur fails to comply with the above deadlines, it is his duty to submit a new complete application of the entrepreneur according to Section 96(1) of the Act

Responsibilities of the responsible person (Section 67 of the Act)

  • provide instruction to the natural person;
  • provide once a year training for individuals who have access to classified information from legislation on the protection of classified information and keep track of such training;
  • ensure verification of the fulfilment of the conditions for access by a natural person to classified information classified at the level Reserved;
  • ensure the approval of the information system into operation and notify the Office of this fact in writing,
  • ensure that a natural person is authorised to exercise cryptographic protection;
  • ensure prompt written notification to the Office that the facts justifying the request of the natural person have ceased to exist prior to the issue of the certificate of the natural person or the decision not to issue it;
  • ensure prompt written notification to the Office of termination of service or employment, membership or similar relationship in which a natural person has been granted access to classified information classified as Top Secret, Secret or Confidential.
  • ensure that compliance with other obligations laid down in this Act is monitored;
  • ensure prompt written notification the National Cyber and Information Security Authority the termination or interruption of the operation of the information system,
  • ensure the execution of the actions referred to in Section 11a of the Act.

Security Director (Section 71 of the Act)

The Security Director shall approve the list of sites or functions referred to in Section 69(1)(b) of the Act, for which access to classified information is required and fulfils the obligations laid down in writing by the person responsible to the extent of the law; the responsibility of the person responsible for protecting classified information shall not be affected by the appointment of the Security Director. In the case of an entrepreneur, a natural person in the position of security director must hold a certificate of a natural person for access to classified information at least at the level for which the entrepreneur has issued a certificate.

Only one entity may act as Security Director.