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LUXEMBOURG

Since March 2004, last amended in February 2014
Since April 2018

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Utilities Directive (2014/25/EU)

Law of 8 April 2018 on Public Procurement (Loi du 8 Avril 2018 sur les Marchés Publics)
Art. 85 of the Utilities Directive (2014/25/EU) contains provisions allowing contracting public entities to reject foreign goods not covered by any EU international commitments from its tender procedures. In these cases, a tender submitted for the award of a supply contract may be rejected where the proportion of the products originating in third countries exceeds 50% of the total value of the products constituting the tender (Art. 85.2). Additionally, in cases of equivalent offers, the provisions provide for a preference for European tenders and tenders covered by EU's international obligations. In practice, this possibility has rarely been used.
In Luxembourg, the Directive has been transposed with Art. 147 of the Law on Public Procurement.
Coverage Any product sold to a utility provider including software used in telecommunication network equipment

LUXEMBOURG

Since April 2018

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Law of 8 April 2018 on Public Procurement (Loi du 8 Avril 2018 sur les Marchés Publics)
Art. 62 of the Law on Public Procurement states that the contracting authorities shall grant public procurement participants of countries with which Luxembourg or the EU has international commitments (through the Government Procurement Agreement and other international conventions) treatment no less favourable than that accorded to participants from the European Union. Thus, equal treatment is not granted to operators from other countries.
Coverage Horizontal

LUXEMBOURG

Reported in 2019, last reported in 2023

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Maximum foreign equity share
Open environment for foreign investment
It is reported that there are no specific restrictions on foreign ownership or control and no sectoral limitations. The country conducts a general review of foreign investments, similar to that applied to domestic investments.
Coverage Horizontal

LUXEMBOURG

Since July 2023, entry into force in September 2023

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Screening of investment and acquisitions
Act of 14 July 2023 Establishing a Mechanism for the National Screening of Foreign Direct Investment Likely to Undermine Security or Public Order for the Purposes of Implementing Regulation (EU) 2019/452 of the European Parliament and of the Council of 19 March 2019 Establishing a Framework for the Screening of Foreign Direct Investment in the Union, as Amended (Loi du 14 Juillet 2023 Portant Mise en Place d'un Mécanisme de Filtrage National des Investissements Directs Étrangers Susceptibles de Porter Atteinte à la Sécurité ou à l'Ordre Public aux Fins de la Mise en Œuvre du Règlement (UE) 2019/452 du Parlement Européen et du Conseil du 19 Mars 2019 Établissant un Cadre pour le Filtrage des Investissements Directs Étrangers dans l’Union, Tel que Modifié)
The Luxembourg Act of 14 July 2023, which establishes a new foreign direct investment (FDI) regime, applies to investments in critical sectors such as telecommunications, data processing/storage, and media (Art. 2) by investors from outside the European Economic Area (foreign investors). These investments allow foreign investors to exercise direct or indirect control over entities established under Luxembourg law. According to Art. 3, any investment subject to this FDI regime must be notified to the Ministry of the Economy and receive authorisation before implementation.
Control is considered acquired when a foreign investor meets any of the following thresholds: holding 25% of the voting rights in the Luxembourg entity; holding a majority of the voting rights of shareholders or partners, with multiple notifications required for multi-stage acquisitions; having the right to appoint or remove the majority of board members while being a shareholder or partner; or controlling a majority of voting rights through agreements with other shareholders or partners.
The FDI Law also classifies as critical any research, production, or supplementary activities that could provide access to sensitive information or locations directly related to these sectors.
Coverage Critical sectors

LUXEMBOURG

Since July 1992, last amended in May 1998

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Practical or legal restrictions related to the application process for patents
Law of 20 July 1992 on the Changes in the System for Patents for Invention (Loi du 20 Juillet 1992 Portant Modification du Régime des Brevets d'Invention)
Art. 83 of the Law of July 20, 1992, on the Changes in the System for Patents for Invention (so-called Patent Act), establishes a local representation requirement for applicants without domicile or headquarters in the territory of the European Union.
Coverage Horizontal

LUXEMBOURG

Since April 1978

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Luxembourg is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal

LUXEMBOURG

Since May 2001
Since April 2001

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Copyright law with clear exceptions
Directive 2001/29/EC

Law of 18 April 2001 on Copyright, Related Rights and Databases (Loi du 18 Avril 2001 Sur les Droits d’Auteur, les Droits Voisins et les Bases de Données)
There is no general principle for the use of copyright-protected material comparable to the fair use/fair dealing principles. Directive 2001/29/EC defines an optional but exhaustive set of limitations from the author´s exclusive rights under the control of the “three-step test” in line with the Berne Convention that establishes three cumulative conditions to the limitations and exceptions of a copyright holder’s rights. The Directive has been transposed by Member States with significant freedom.
The Law on Copyright, Related Rights and Databases implements the EU copyright directive. Section 2 provides for a closed list of exceptions to the author’s copyrights under certain conditions. These exceptions include education purposes, private use, caching, press information and parody.
Coverage Horizontal

LUXEMBOURG

Since March 2010

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Copyright Treaty
WIPO Copyright Treaty
The European Union and Luxembourg have adopted the World Intellectual Property Organization (WIPO) Copyright Treaty. The treaty was ratified on 14 December 2009 and came into effect on 14 March 2010.
Coverage Horizontal

LITHUANIA

Since 2010

Pillar Online sales and transactions  |  Sub-pillar Local presence requirements for digital services providers
Rules on the Registration on the Registry of the Value Added Tax Payers (Dėl įregistravimo į pridėtinės vertės mokesčio mokėtojų registrą/Išregistravimo Iš pridėtinės vertės mokesčio mokėtojų registro taisyklių)
According to Art. 27 of the Rules on the Registration of VAT payers, foreign persons established outside the territory of the European Union must register for VAT through a branch in Lithuania or, if they have several branches, through one of them. If they do not have such branches, they must register through a designated fiscal agent in the Republic of Lithuania.
Coverage Horizontal

LITHUANIA

Since June 2014
Since November 1994

Pillar Online sales and transactions  |  Sub-pillar Framework for consumer protection applicable to online commerce
Consumer Rights Directive 2011/83/EU

Law on Consumer Protection (Patērētāju tiesību aizsardzības likums)
The Consumer Rights Directive 2011/83/EU provides an updated framework aimed at encouraging online sales. The Directive has been implemented by the Law on Consumer Protection.
Coverage Horizontal

LITHUANIA

N/A

Pillar Online sales and transactions  |  Sub-pillar Ratification of the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Lithuania has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

LITHUANIA

N/A

Pillar Online sales and transactions  |  Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Lithuania has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal

LITHUANIA

N/A

Pillar Online sales and transactions  |  Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Lithuania has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal

LITHUANIA

Since March 2010, entry into force in May 2010, last amended in 2018
Since July 1996, as amended in January 2021

Pillar Quantitative trade restrictions for ICT goods and online services  |  Sub-pillar Local content requirements (LCRs) on ICT goods for the commercial market
EU Directive on Audiovisual Media Services (AVMS)

Law on the Provision of Information to the Public of the Republic of Lithuania (Lietuvos Respublikos visuomenės informavimo įstatymas)
The EU Directive on Audiovisual Media Services (AVMS) covers traditional broadcasting services as well as audiovisual media services provided on-demand, including via the Internet. Art. 13.1 provides for Member States to secure a minimum 30% share of European works in the catalogues as well as "ensuring prominence" of those works. "Prominence" involves promoting European works by facilitating access to such works using any appropriate means to ensure their prominence. The Directive has been implemented by Member States in different ways, ranging from very extensive and detailed measures to a mere reference to the general obligation to promote European works.
In Lithuania, the EU Directive was transposed into domestic law through the amendment of the Law on the Provision of Information to the Public of the Republic of Lithuania of January 2021 (Law No. 2021-01352). According to Art. 37.6 of the Law, suppliers of on-demand audiovisual media services shall ensure that not less than 30% of programmes in the on-demand audiovisual media services listing are European works. This requirement shall not apply to on-demand audiovisual media service providers whose total annual turnover, including their own turnover and that of their affiliated undertakings, is low (less than 1% of total revenue from the Lithuanian audiovisual services market) or whose audience is small (the proportion of the audience of the on-demand audiovisual media service in Lithuania is less than 1%). Additionally, Lithuania has not implemented financial contribution obligations for VOD service providers.
Coverage On-demand audiovisual service

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