Legal Q&A · IT, Software & E-commerce

Can the Slovak Trade Inspection fine our online shop from screenshots alone, without an on-site inspection?

Law as at 10 September 2026

Short answer

Yes. Act No. 108/2024 Coll. expressly permits remote supervision, including checks of online interfaces. Inspectors take screenshots and can conduct the entire inspection without visiting your premises. They serve commencement notices and records through your slovensko.sk electronic mailbox, so you learn of the inspection only if someone monitors it. Fines concern what actually appears online, most commonly unfair terms and missing consumer information.

The assumption that inspectors always arrive in person does not hold for online shops. The Slovak Trade Inspection (SOI) routinely checks websites from its desk, and the trader learns of it through an electronic mailbox.

Remote supervision is a standard tool

Act No. 108/2024 Coll. on Consumer Protection gives the supervisory authority two options:

On-site supervision is conducted directly at the supervised person’s premises or another place connected with their activities. Remote supervision involves obtaining, processing and assessing information and materials otherwise than through on-site supervision, particularly from materials submitted by the supervised person or another person under paragraph 4, or by checking an online interface.

Section 28(2) of Act No. 108/2024 Coll. (unofficial English translation)

An online interface check means inspectors open your website and take screenshots of terms, delivery information, returns and review pages as evidence for the proceedings. In decision No. PP/0142/05/2024 of 21 August 2025, the entire inspection followed this route: screenshots of sixteen pages, a commencement notice and an inspection record, all without the trader’s presence.

The entire process runs through the electronic mailbox

The SOI serves both the commencement notice and record to the company’s activated mailbox on slovensko.sk under the e-Government Act No. 305/2013 Coll. Service takes effect regardless of whether anyone actually reads the mailbox. Traders can therefore miss the opportunity to comment on findings simply because nobody monitors it. This is the first internal arrangement to establish.

What attracted the fine

In that decision, the SOI imposed an aggregate EUR 500 fine for two matters. First, the terms stated: “The seller is not liable for delayed delivery caused by the carrier…” This attempted to transfer delivery responsibility to the courier. The customer’s contractual partner is the trader, however, and such a clause is unfair under the Civil Code (Act No. 40/1964 Coll.):

Unfair terms in a consumer contract include, in particular, provisions that […] (d) exclude or restrict consumers’ rights when asserting liability for defects or damage.

Section 53(4)(d) of the Civil Code (unofficial English translation)

Section 4(2)(b) of Act No. 108/2024 Coll. prohibits traders from using unfair terms. The second breach was missing information about circumstances in which the customer loses the withdrawal right, required by Section 15(1)(i) of the same Act.

What this means for your online shop

Penalties are substantial: breaches of this kind can attract fines from EUR 200 to 2% of turnover, capped at EUR 200,000 (Section 43(1)(a)). The law also rewards remediation: if, after proceedings have begun and before the decision is issued, the trader proves that it ended the infringement and took appropriate remedial action for affected consumers, the limits of the applicable fine range are halved (Section 44(1)). This does not automatically waive half of a fine already imposed. The cheapest approach is to correct website wording before an inspector records it, including delivery terms, withdrawal information and discount rules, discussed in the lowest price in the previous 30 days.

How we can help

Our terms and conditions review examines your website from a supervisory perspective, with revisions through our online shop terms service. If an inspection is underway, our e-commerce legal services take over SOI communications, including responses to findings.

If a commencement notice has just arrived, contact us before the response deadline expires.

This answer provides general information on the law as at 10 September 2026. It does not constitute legal services or replace an assessment of an individual case. The details of your situation may differ. Book a consultation to discuss them.

More legal questions

All questions and answers
  1. We have a registered trademark but do not use it. Can we lose it? Yes. If a mark has not been genuinely used in Slovakia for an uninterrupted period of at least five years, the Office revokes it on a third party's application. The law presumes non-use, which the owner must rebut. The same rule applies to EU marks under Article 58(1)(a) of Regulation (EU) 2017/1001. An unused mark also weakens as an enforcement tool: in opposition proceedings, the other party can demand proof of genuine use.
  2. Is an accept-or-leave cookie banner lawful? No. Cookie consent must satisfy the GDPR and be freely given; accept or leave is not a real choice. The European Data Protection Board's consent guidelines expressly state that access to content must not depend on cookie consent. A banner therefore needs an equally prominent reject button on its first layer, and the website must work after rejection. The paid alternative, pay or consent, remains disputed.
  3. Nobody enters a name or email on our website. Do we need to address the GDPR at all? Generally yes, for three reasons. Under EU case law, a visitor's IP address is personal data if you can identify them with help from others, as is usually the case with ordinary server logs. The GDPR expressly treats pseudonymous identifiers, such as analytics cookies, as personal data: anonymity must be achieved rather than assumed. Embedded third-party scripts may create joint controllership where you jointly determine the purposes and means of specific operations. Depending on the setup, the third party may instead be a processor or an independent controller. The first question is therefore technical: what does your website load in the background?
  4. A client refuses to pay for standby because no intervention was needed. Are they right? Generally not. Under service contracts, standby fees pay for reserved capacity and readiness to respond within the agreed time, which has value even in a month without incidents. Entitlement depends on agreed and actually maintained availability rather than intervention numbers. In a dispute, the provider must prove availability, making duty schedules, availability records and responses to requests decisive.

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Mgr. Patrik Tulinský, LL.M. Czech and Slovak attorney · SAK 300422 · ČAK 19654

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