Mgr. ANNA VEJMELKOVÁ, advokát

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Bug or Expectation? What Counts as a Software Defect in Czech Law

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“My app doesn’t work as I expected!”
“That’s not a bug, it’s a feature.”
Software disputes often revolve around what exactly constitutes a defect – and what’s merely a misunderstanding.

⚖️ What’s a Defect Under Czech Law?

A defect is:

  • mismatch with agreed specifications,

  • functional error preventing normal use,

  • incorrect results, crashes or incompatibility.

Examples:

  • Button doesn’t respond.

  • App crashes on normal use.

  • App only runs on one OS, though multi-platform was agreed.


📌 What’s Not a Defect?

  • Features that were never agreed in writing.

  • Bugs caused by unauthorized interference.

  • Errors due to changed environment (e.g., OS update).

  • “Wishes” that were never part of the official brief.

Without a detailed scope, disputes become inevitable.


🧠 What’s the Role of Acceptance Testing?

Acceptance phase allows:

  • the client to verify functions,

  • the developer to deliver formally,

  • both parties to close the stage with clarity.

After acceptance, only hidden defects may still be claimed.


🔧 What Are the Remedies?

Under Czech Civil Code (§ 2615), the client may:

  • demand a fix,

  • request a discount,

  • or withdraw from the contract if the defect is significant.

But this only works if the contract defines defects, timelines, and procedures well.


🧱 Real Case

A client ordered a CRM app. After delivery, he claimed “Outlook integration is missing.”
The contract never mentioned Outlook.
The developer won in court.
→ Only agreed features can be legally enforced.

✅ Unsure if your software issue counts as a defect?

📩 Legal consultation from CZK 1,500 excl. VAT.
I’ll review your contract, analyze your claim and suggest the right course of action.

Contact a legal professional – I specialize in contract law.
Learn more here.

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