- Introduction
On 17 December 2025, public access to the Register of Beneficial Owners (hereinafter “ESM”) was restricted in the Czech Republic. From this date onwards, the general public no longer has the ability to freely view data on who is the beneficial owner of a company, i.e. which specific natural person is behind its ownership structure. Unlike under the previous legislation, when this information was publicly available online to virtually anyone, it is no longer possible to obtain data on beneficial owners without meeting the conditions laid down by law.
- Previous legislation and access to data
Until 17 December 2025, the ESM was a publicly accessible register that anyone could consult without any restrictions. Information on beneficial owners could be obtained online at any time via the website of the Ministry of Justice of the Czech Republic, without the need to demonstrate a legal interest or meet any other conditions.
The public thus had the opportunity to easily ascertain which specific natural person was behind the ownership structure of a commercial company. In practice, this broad access to the ESM was frequently used, particularly when vetting business partners.
At the same time, however, such broad access to the ESM allowed access to personal data for a virtually unlimited number of people. However, as subsequently established by case law, which we discuss below, such broad access to the ESM was found to constitute a disproportionate interference with the right to privacy of the individuals concerned. It is precisely for this reason that the ESM has been closed to the general public since December 2025.
- Reasons for restricting public access to the register of beneficial owners
The closure of the ESM to the general public was the result of court rulings. The judgment of the Court of Justice of 22 November 2022, in joined cases C-37/20, WM and Luxembourg Business Registers, and C-601/20, Sovim SA and Luxembourg Business Registers, ruled that unrestricted access to data on beneficial owners constitutes a disproportionate interference with the right to privacy and the protection of personal data. Similarly, case law in the Czech Republic (e.g. the judgment of the Supreme Administrative Court, ref. no. 4 As 219/2024, of 12 March 2025, and the resolution of the Supreme Court, ref. no. 27 Cdo 1368/2024, of 25 August 2025), has concluded that the publication of data on beneficial owners constitutes an interference with their rights, which the state is obliged to respect, and that it cannot enforce compliance with the registration obligation by imposing sanctions or through proceedings for irregularities under the Act on the Register of Beneficial Owners.
Both European and Czech case law has thus concluded that if the register of beneficial owners is accessible to the general public, this constitutes a disproportionate interference with the beneficial owners’ right to privacy, and their personal data must therefore be respected and protected.
- Who can still access?
Access to the ESM was closed to the general public after 17 December 2025, and it is no longer possible to view the register without demonstrating a legal basis.
Access remains available to registered persons, who may download the relevant extract from the ESM, but only in relation to themselves. They log into the register via a data box. Furthermore, access is granted to so-called privileged persons, in particular public authorities (e.g. the Czech Police, courts, banks), and other obliged entities under AML regulations (e.g. lawyers, notaries, auditors or tax advisers), but exclusively in connection with the fulfilment of their AML obligations, as well as other privileged entities, such as public procurement contracting authorities.
Other entities (i.e. legal entities in relation to entities other than themselves and ordinary citizens) can no longer independently and freely search for or download data on beneficial owners online.
However, these persons retain the option of submitting a request to the regional court in whose jurisdiction the legal entity is based, regarding the beneficial owners of which data is to be provided. The application must set out the legitimate interest in obtaining an extract concerning the entity in question. Without proof of a legitimate interest, the court will not provide the requested information to the applicant. In practice, a legitimate interest may include, in particular, the performance of due diligence in the preparation or execution of mergers and acquisitions, the vetting of a business partner prior to concluding a contract, or preparation for legal proceedings.
For the sake of completeness, it is worth noting that a similar regime for accessing beneficial ownership registers is also applied in other European countries, where, in most cases, demonstrating a legitimate interest is a condition for obtaining an extract from the ESM. However, in Italy, for example, the register of beneficial owners is currently suspended entirely, pending a decision by the Court of Justice of the European Union, which is likely to influence further developments in this area.
- Practical implications for business practice
The closure of access to the ESM has immediate practical implications for the day-to-day operations of commercial companies. The ability to quickly check the beneficial owner of a business partner online is no longer generally available, which significantly restricts the flexibility previously enjoyed when vetting entities. For more significant contracts, transactions or longer-term business relationships, this may particularly prolong the due diligence and internal approval phases, as obtaining information on the beneficial owner requires submitting an application to the relevant court and demonstrating a legitimate interest.
In practice, this may affect not only the timeline of transactions but also the business decision-making process itself, particularly in situations where the transparency of the ownership structure is a key factor in assessing the riskiness of the transaction. Increased administrative burdens may also result in higher costs for legal support.
This makes it all the more important to establish rigorous internal procedures for vetting business partners. Entrepreneurs should allow for a longer timeframe when concluding contracts and take this fact into account in business negotiations. Only a systematic and predictable approach can minimise delays and ensure the business relationships are not unnecessarily jeopardised by delays in obtaining information on beneficial owners.
On the other hand, however, entrepreneurs and beneficial owners in the Czech Republic may welcome the fact that their data is protected and is not automatically accessible to the public. Restricting public access to the register of beneficial owners contributes to greater privacy protection and reduces the risk of misuse of sensitive information. The current legislation thus better balances the requirement for transparency with the protection of personal data and the security of the individuals concerned.
- Conclusion
In order to protect the privacy and personal data of beneficial owners, the ESM was closed in the Czech Republic in December 2025, meaning that it is no longer possible to freely download an extract concerning a specific person from the ESM or to view it without further ado. It is now necessary to apply to the relevant court for an extract on the basis of demonstrating a legitimate interest. However, it is important to bear in mind that this procedure may prolong the process of vetting a business partner and, consequently, the decision-making process regarding entering into the transaction itself. Our law firm would be very happy to assist you with this.
Thank you for your attention,
The Spoladore & Bystřický team, law firm s.r.o.