Does an entrepreneur have the obligation to provide individual data at the request of the Czech Statistical Office?

The Czech Statistical Office (hereinafter referred to as the "CSO") has the legal authority to request individual data from entrepreneurs for the purpose of statistical surveys. This information may be provided on a voluntary or mandatory basis, depending on whether it is included in the statistical survey program. The following article explains the conditions this obligation entails and what risks the entrepreneur faces if it is not fulfilled.

Obligation to Provide Individual Data to the CSO

According to Section 2 letter i) of Act No. 89/1995 Coll., on State Statistical Service (hereinafter referred to as the “Statistical Act”), the entrepreneur is a so-called reporting unit (legal or natural persons from whom the provision of individual data for statistical surveys is required under this Act).

The provision of this information may occur either voluntarily or mandatorily. For the information provision to be mandatory, this obligation must be specified in the statistical survey program (Section 2 letter j) of the Statistical Act); otherwise, the provision of the information is on a voluntary basis.

The statistical survey program is determined by the Czech Statistical Office by decree, specifically the Decree on the Statistical Survey Program for a given year (for 2024, it is Decree No. 316/2023 Coll.). For a specific entrepreneur to be obliged to provide the requested information, the relevant report, survey, or questionnaire requiring this information must be explicitly listed in this decree. The CSO is then required to send the report, survey, or questionnaire to the entrepreneur free of charge and also provide necessary methodological assistance (Section 15 paragraph 2 of the Statistical Act).

In such a case, the entrepreneur has a so-called reporting obligation (see Section 10 paragraph 3 of the Statistical Act, according to which: "reporting units have a reporting obligation for statistical surveys listed in the statistical survey program"). This reporting obligation means the duty of the reporting units to provide the required individual statistical data in a timely, complete, accurate, and truthful manner for statistical surveys (Section 2 letter j) of the Statistical Act).

What Penalties Apply for Failing to Complete the Questionnaire?

If an entrepreneur violates the reporting obligation (i.e., fails to provide the requested information and data in the form of a report, survey, or questionnaire), it is considered an offense under Section 26 paragraph 1 of the Statistical Act. In the case of such an offense, the relevant administrative authority is authorized to impose a fine on the entrepreneur of up to CZK 100,000. The fine may be imposed within one year of the date the violation was discovered, but no later than three years from when the violation occurred.

If you have any questions regarding this topic or related matters, do not hesitate to contact us. We would be happy to learn more about your case and provide the necessary legal assistance.

Responsible Advocate: JUDr. Lukáš Dořičák, LL.M., MBA, co-authored by Matěj Menšík