CHANGES IN PUBLIC ACCESS TO THE REGISTER OF BENEFICIAL OWNERS IN THE CZECH REPUBLIC
CHANGES IN PUBLIC ACCESS TO THE REGISTER OF BENEFICIAL OWNERS IN THE CZECH REPUBLIC
Following the adoption of Act No. 37/2021 Coll., on the Register of Beneficial Owners (the "Act"), significant decisions have been made regarding public access to the register.
WHY DID THE CHANGE OCCUR?
The Act implemented part of the so-called AML Directive, which required member states to make the register accessible to any member of the public. The Court of Justice of the European Union subsequently declared this part of the AML Directive invalid, as such broad access to data interferes with the right of beneficial owners to respect for private and family life and the protection of personal data, as guaranteed by Articles 7 and 8 of the Charter of Fundamental Rights of the EU. The Czech domestic legislation, however, remained unchanged, and Section 14(1) of the Act continued to allow anyone to access the personal data of beneficial owners via the internet.
KEY DECISIONS
The Supreme Court, in its ruling of 25 August 2025, case no. 27 Cdo 1368/2024, concluded that the obligation to register beneficial owners in the existing state of affairs constituted an interference with the rights guaranteed by Articles 7 and 8 of the Charter of Fundamental Rights of the EU. It referred to the judgment of the Supreme Administrative Court of 12 March 2025, case no. 4 As 219/2024, which held that "a direct consequence of fulfilling the notification obligation is also an interference with the constitutionally guaranteed rights of beneficial owners to protection of private and family life and personal data."
The Supreme Court concluded that this situation, caused by the legislature's inaction, cannot be held against the registering entities and their beneficial owners, and that Articles 7 and 8 of the Charter of Fundamental Rights of the EU preclude the application of domestic provisions enforcing the registering entity's obligation.
ACCESS TO THE REGISTER OF BENEFICIAL OWNERS AT PRESENT
As of 17 December 2025, the Ministry of Justice restricted public access to the Register of Beneficial Owners. Access was retained for public authorities, obliged entities under the AML Act (e.g. banks, lawyers, notaries, auditors, tax advisers) and certain public procurement contracting authorities. By this step, the Ministry of Justice seeks to remedy the unconstitutional state of affairs and to directly apply Articles 7 and 8 of the Charter of Fundamental Rights of the EU.
The restriction of public access has resulted in the resumption of all related proceedings — discrepancy proceedings, administrative offence proceedings under the Act, and the activation of private law sanctions.
This is a temporary solution, with the EU requirements due to be transposed into the Act through an amendment. The forthcoming discussion will focus on striking a balance between fundamental rights and transparency of ownership structures.
We continue to monitor legislative developments and will keep you informed.