This page summarizes the law as of October 2026 to help you plan AI phone calls. It isn’t legal advice. Laws and how regulators apply them change, so check your use case with a lawyer before you start a campaign.
At a glance
Is AI cold calling legal in the Czech Republic?
Only with prior consent. §96(2) bans direct marketing “prostřednictvím automatických systémů volání bez lidské účasti” (“through automated calling systems without human participation”). The exception is “nedal-li k tomu dotčený účastník nebo uživatel předem souhlas” (“unless the subscriber or user concerned gave prior consent”). The rule covers businesses too. §96(4) extends the rules to companies. The joint guidance of ČTÚ, ÚOOÚ, and the Ministry of Industry and Trade applies them to consumers, sole traders, and companies alike (question B1). AI agents most likely count. No Czech regulator or court has ruled on conversational AI. An AI agent that runs the whole call has no human participation. ČTÚ takes a wide view: in 2021 it applied §96(2) to a call where a human spoke but a machine had generated the number (ČTÚ-10 326/2021-638). A human who supervises or can take over doesn’t clearly change this. Treat every AI agent call as automated. Asking for consent is already marketing. The guidance says a call asking whether you may make an offer is itself a marketing call (question B7). You can’t cold call to collect consent.Cold calls by a human
Zákon č. 374/2021 Sb. introduced the opt-in on January 1, 2022, with a transition until July 1, 2022. §96(1) bans marketing calls to anyone who didn’t flag in a public directory that they want them. §95(5) treats random numbers and bare number lists as a directory, so the rule reaches bought lists. The guidance exempts numbers a business published itself, for example on its website (question B5). ČTÚ later told a caller that the guidance isn’t binding. It also fined a company CZK 40,000 for calling a number from the portal kurzy.cz (Sedlakova Legal). Plan B2B calls on consent too. Genuine market research is exempt, but ČTÚ judges the content. In 2025 it fined a call center CZK 35,000 for a survey call that ended by pitching another company (ČTÚ-27 673/2025-638).Existing customers and callback requests
Existing customers. A human may call your customers about your own products based on legitimate interest (GDPR Art. 6(1)(f)) until they object (ÚOOÚ, guidance question B2). §96(2) has no customer exception, so an AI agent needs consent here too. Callback requests. A person who asks you to call gives you individual consent, which beats a missing directory flag (question B4). If an AI agent calls back, say so where people ask, for example on a landing page where visitors request a callback from your AI agent.Do-not-call register: None, opt-in directories instead
The Czech system works the other way around. A number may only get marketing calls if its subscriber chose a marketing flag in a public directory (§95(1)(b)). Without the flag, the law presumes a “no” (§66(1)).
Few numbers carry the flag, so plan on your own consent. Lawmakers withdrew a proposed central consent register at the Chamber of Commerce in January 2025 (Novinky).
Consent for AI calls
Keep the timestamp, number, form version, and consent text per contact. Czech law sets no retention period or expiry, so keep proof as long as you rely on it. Follow-up text messages need consent under §7 of zákon č. 480/2004 Sb.. botBrains asks for consent evidence first, see before you start.
Tell callers they’re talking to an AI
Since August 2, 2026, Article 50 of the EU AI Act requires that people know they’re talking to an AI system, at the latest when the conversation starts. This applies to inbound and outbound calls, to consumers and to business contacts, and you can’t count on the exception for obvious cases when your AI agent sounds human. The default introduction already says that your AI agent is an AI, so keep that statement first when you edit it. When you call a consumer to sell something, the Consumer Rights Directive also requires you to name your company, anyone you call for, and the commercial purpose at the start. Under §1825(1) of the Civil Code, a business calling a consumer must open every call with its identity and the commercial purpose. If it calls for someone else, it must name them too. Czech law has no separate AI disclosure rule. Outbound marketing call. Replace[téma] with the purpose:
Call recording
Czech law has no all-party consent rule for your own calls. §182 of the Criminal Code protects messages from outsiders, and the guidance names a call recording as proof of consent. The Civil Code bars recording someone’s private life without consent (§86) but permits recordings that protect rights (§88). GDPR needs a lawful basis, such as legitimate interest, and notice at the start (Art. 13). Notice plus a way to object is the safe route: in botBrains, the star key stops and discards the recording, and the transcript stays. Voice is biometric data only when processed to identify someone (GDPR Art. 4(14), Art. 9), which quality recording isn’t.Caller ID and calling hours
Sector rules
Fines and enforcement
Actual ČTÚ fines are mostly small, such as CZK 5,000 in 2021 and CZK 35,000 in 2025. The largest so far came in 2023: CZK 2.2 million each for two companies behind solar panel calls (Novinky). We found no case on AI agents and no pending change to §96 as of October 2026.
Sources
- Electronic Communications Act (zákon č. 127/2005 Sb.), §66, §95, §96, §118
- ČTÚ, ÚOOÚ, and Ministry of Industry and Trade, joint telemarketing guidance and FAQ
- ÚOOÚ, telemarketing Q&A
- Civil Code (zákon č. 89/2012 Sb.), §86, §88, §1825, §1844a, §2986
- Consumer Protection Act (zákon č. 634/1992 Sb.), §5b, §24, Annex 2
- Energy Act (zákon č. 458/2000 Sb.), §3, §11b, §11l, §11m
- Act on Information Society Services (zákon č. 480/2004 Sb.), §7
- Criminal Code (zákon č. 40/2009 Sb.), §182
- GDPR, Regulation (EU) 2016/679
- ČTÚ decision ČTÚ-10 326/2021-638 (automated calling)
- ČTÚ order ČTÚ-27 673/2025-638 (survey call)
- Sedlakova Legal, B2B telemarketing and ČTÚ (2023)
- Lupa.cz, ČTÚ and the 1188 directory (December 2022)
- Lupa.cz, unsolicited marketing calls (November 2024)
- Novinky, ČTÚ fines (June 2023) and consent register shelved (January 2025)
Next steps
Phone integration
Set up your phone line, introductions, and outbound calls.
Calling laws by country
Compare consent rules for AI calls across the EU, the UK, and the US.