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Electronic Warfare and AI: The Battle for the Spectrum

A Legal Strategic Report for Foreign Investors in the Czech Republic

The electromagnetic spectrum has emerged as a critical domain where artificial intelligence now directs both commercial and defense operations, creating unprecedented opportunities and regulatory challenges for global actors.

Legal experts discuss electronic warfare and AI strategies for foreign investors in Czech Republic.

Key takeaways

The digital battlefield requires digital fortifications. The NIS2 Directive, implemented in the Czech Republic via the new Act on Cybersecurity, drastically expands the number of "regulated entities". This is no longer just about power plants; it covers the entire supply chain.

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Supply Chain Obligations

It is no longer enough for your company to be secure. If you supply AI software, EW components, or cloud services to a "critical entity" (e.g., a bank, hospital, energy distributor, or defense contractor), you become a critical part of their supply chain.

The Impact: Your clients will legally be required to audit your security. You must be able to demonstrate compliance with rigorous standards (ISO 27001, NÚKIB regulations). If you cannot, you will be dropped as a supplier.

Obligations and Draconian Penalties

The new Act introduces strict obligations:

  • Incident Reporting: Significant cyber incidents must be reported to the National Cyber and Information Security Agency (NÚKIB) within 24 hours.
  • Management Liability: Top management (CEOs, boards) can be held personally liable for failing to implement cybersecurity measures. They cannot delegate this responsibility to the IT department.
  • Fines: The penalties are massive—up to CZK 250,000,000 (approx. EUR 10 million) or 2% of global turnover, whichever is higher.

ARROWS International conducts "NIS2 Gap Analyses" for foreign clients. We prepare the mandatory security documentation, assist in appointing a Cyber Security Manager, and represent clients during NÚKIB audits. We ensure that your contracts with sub-suppliers reflect these new security obligations, passing the liability down the chain where appropriate.

Key Takeaway: Cybersecurity is no longer an IT issue; it is a Board of Directors issue with personal liability attached.

Cybersecurity & NIS2

Risks and penalties

How ARROWS helps (consultation@arws.cz)

Non-Reporting of Incidents: Failing to report a breach within 24 hours. Penalty: Fine up to CZK 250,000,000; sanctions against management.

Incident Response Plan: We draft legal response protocols ensuring you meet the 24-hour deadline without admitting undue liability.

Supply Chain Audit Failure: Losing a key client because you failed their security audit. Consequence: Loss of revenue; breach of contract.

Compliance Readiness: We prepare you for audits, reviewing your policies and documentation to meet NIS2 standards.

Management Liability: Directors held personally responsible for a hack. Penalty: Suspension of managerial function; personal fines.

Director Training: We provide legal training for boards on their cybersecurity duties. 

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The convergence of Electronic Warfare and AI offers unprecedented business opportunities in the Czech Republic, a safe European harbour. However, the regulatory environment is a minefield of spectrum laws, export controls, and strict liability rules. What looks like a simple software update or a standard sales contract can hide existential legal risks.

Do not navigate this battlefield alone. ARROWS Law Firm, a leading Czech law firm based in Prague, European Union, handles these agendas daily. We combine local expertise with the reach of the ARROWS International network. We are insured for CZK 500 million, and we are ready to protect your interests. Contact us today at consultation@arws.cz.

FAQ – Most Common Legal Questions about Electronic Warfare and AI

1. Can I use a signal jammer to protect my company's intellectual property from drones?

No. Operating a jammer is illegal for private entities in the Czech Republic and constitutes a breach of the Electronic Communications Act (Section 100). It can also be a criminal offense (General Endangerment). You must rely on passive detection and police cooperation. Contact us for a legal security assessment at consultation@arws.cz.

2. Does my company need a license to export AI software via the cloud to a non-EU client?

Yes, likely. If the software is classified as dual-use (e.g., encryption, image recognition), making it available to a person outside the EU is considered an export (Intangible Technology Transfer). Failure to obtain a license is a serious offense. We can audit your software classification at consultation@arws.cz.

3. We are a foreign company. Can we bid for a Czech Ministry of Defence contract directly?

Yes, but you will likely need a Facility Security Clearance (FSC) from the Czech National Security Authority (NBÚ) or your home country's equivalent recognized by the Czech Republic. You may also need a local branch for practical purposes and to hold a License for Foreign Trade in Military Material. We assist with NBÚ clearances – contact consultation@arws.cz.

4. Who is liable if our AI autonomous system makes an error and causes damage?

Under the new legal framework (Product Liability Directive), the manufacturer is strictly liable for defects in software. You may be liable for damages regardless of negligence if the product failed to meet safety expectations. Limit your risk with robust contracts – consultation@arws.cz.

5. What are the penalties for interfering with military radio frequencies?

The Czech Telecommunication Office can impose fines of up to CZK 50,000,000. Additionally, if the interference endangers operations (e.g., air traffic), criminal charges for general endangerment may apply. If you are facing an investigation, contact us immediately at consultation@arws.cz.

6. Does the "Military Exemption" in the EU AI Act apply to dual-use goods?

Not automatically. The exemption applies to systems exclusively for military purposes. Dual-use systems (civil/military) often fall under the high-risk categories of the AI Act, requiring full compliance. We can analyze your regulatory status at consultation@arws.cz.

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About the author

JUDr. Jakub Dohnal, Ph.D., LL.M.
JUDr. Jakub Dohnal, Ph.D., LL.M.

Associate, managing partner

Jakub Dohnal is a founding member of our law firm and our entire consulting group. He is primarily involved in real estate development and advising on the complex setup of commercial projects.

Disclaimer:

The information contained in this article is for general informational purposes only and serves as a basic guide to the issue as of 2026. Although we strive for maximum accuracy, laws and their interpretation evolve over time. We are ARROWS Law Firm, a member of the Czech Bar Association (our supervisory authority), and for the maximum security of our clients, we are insured for professional liability with a limit of CZK 400,000,000. To verify the current wording of the regulations and their application to your specific situation, it is necessary to contact ARROWS Law Firm directly (consultation@arws.cz). We are not liable for any damages arising from the independent use of the information in this article without prior individual legal consultation.