LATVIA
Since May 2014
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Directive 2014/61/EU on measures to reduce the cost of deploying high-speed electronic communications networks
It is reported that passive sharing is mandated in Latvia, and it is practised in the mobile sector based on commercial agreements. In addition, Directive 2014/61/EU (Art. 3.2) establishes that Member States shall ensure that, upon written request of an undertaking providing or authorised to provide public communications networks, any network operator must meet all reasonable requests for access to its physical infrastructure under fair and reasonable terms and conditions, including price, with a view to deploying elements of high-speed electronic communications networks. Such written request shall specify the elements of the project for which the access is requested, including a specific time frame.
Coverage Telecommunications sector
LATVIA
N/A
Pillar Telecom infrastructure & competition |
Indicator Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
It is reported that the government of Latvia has a 51% stake in Tet. This company (formerly known as Lattelecom) is a major telecommunications and IT service provider in Latvia, offering a range of services, including internet, television, landline, and mobile communication. In addition, Tet also owns 23 % of Latvian mobile operator LMT.
Coverage Telecommunications sector
LATVIA
N/A
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Requirement of accounting and functional separation for dominant network operators
It is reported that Latvia mandates functional and accounting separation for operators with significant market power (SMP) in the telecom market.
Coverage Telecommunications sector
LATVIA
Since March 2004, last amended in February 2014
Since February 2017
Since February 2017
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Utilities Directive (2014/25/EU)
Procurement Law for Public Service Providers (Sabiedrisko pakalpojumu sniedzēju iepirkumu likums)
Procurement Law for Public Service Providers (Sabiedrisko pakalpojumu sniedzēju iepirkumu likums)
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 Latvia, the Directive has been transposed with the Procurement Law for Public Service Providers.
In Latvia, the Directive has been transposed with the Procurement Law for Public Service Providers.
Coverage Any product sold to a utility provider including software used in telecommunication network equipment
Sources
- https://web.archive.org/web/20220303180640/https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32014L0025&from=EN#d1e7298-243-1
- https://web.archive.org/web/20230803223730/https://eur-lex.europa.eu/legal-content/LV/TXT/PDF/?uri=NIM:245349
- https://web.archive.org/web/20240301001209/https://www.lexology.com/library/detail.aspx?g=276feaf8-c91b-4b7d-8310-dad8134f3c4c
- https://web.archive.org/web/20220121131638/https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52019XC0813(01)&from=EN
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LATVIA
Reported in 2021, last reported in 2023
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Lack of transparency in public procurement
It is reported that some investors perceive a lack of fairness and transparency in Latvian public procurements. Several companies, including foreign firms, have complained that bidding requirements are occasionally drafted with input from potential contractors or are phrased in a way that favours certain "preferred" contractors, thereby excluding others.
Coverage Horizontal
LATVIA
Reported in 2022, last reported in 2023
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Open environment for foreign investment
It is reported that there are no ban or limits on foreign ownership in Latvia.
Coverage Horizontal
LATVIA
Since December 2000, last amended in March 2017
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Screening of investment and acquisitions
National Security Law (Nacionālās drošības likums)
According to Art.10 of the National Security Law, on the basis of national security concerns, foreign direct investment (FDI) to obtain influence in commercial companies of significance to national security, as well as to transfer critical infrastructure into possession or ownership of another person, must be approved. This applies to commercial companies registered in Latvia (i) with significance to national security”, as defined in Section 37 of the National Security Law); (ii) national-level critical infrastructure (Category B critical infrastructure, as defined in Section 22.2 (2) of the National Security Law); and (iii) European critical infrastructure (as defined in Section 22.2 (3) of the National Security Law).
Coverage Telecommunications and media sectors
Sources
- https://web.archive.org/web/20220124175021/https://likumi.lv/ta/id/289677-grozijumi-nacionalas-drosibas-likuma
- https://web.archive.org/web/20240728143815/https://policy.trade.ec.europa.eu/enforcement-and-protection/investment-screening_en
- https://web.archive.org/web/20240531054407/https://investmentpolicy.unctad.org/investment-policy-monitor/measures/3257/acquisition-of-a-company-of-significance-to-national-security-requires-a-permit-f...
- https://web.archive.org/web/20220820021835/https://www.oecd.org/officialdocuments/publicdisplaydocumentpdf/?cote=DAF/INV/RD(2018)1&docLanguage=En
- https://web.archive.org/web/20211104115443/https://trade.ec.europa.eu/doclib/docs/2019/june/tradoc_157946.pdf
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LATVIA
Since September 1993
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Latvia is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
LATVIA
Since May 2001
Since April 2000, last amended in April 2023
Since April 2000, last amended in April 2023
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Directive 2001/29/EC
Copyright law (Autortiesību likums)
Copyright law (Autortiesību likums)
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 Latvian Copyright Law introduces several exceptions to copyright, including use for informational purposes; use for educational and research purposes; use for the needs of libraries, archives and museums; reproduction for the purposes of judicial proceedings; use in a public performance during official or religious ceremonies; temporary reproduction; and parodies or caricatures.
The Latvian Copyright Law introduces several exceptions to copyright, including use for informational purposes; use for educational and research purposes; use for the needs of libraries, archives and museums; reproduction for the purposes of judicial proceedings; use in a public performance during official or religious ceremonies; temporary reproduction; and parodies or caricatures.
Coverage Horizontal
Sources
- https://web.archive.org/web/20231225202237/https://digital-strategy.ec.europa.eu/en/policies/copyright-legislation
- https://web.archive.org/web/20230810072901/https://www.wipo.int/wipolex/en/text/520008
- https://wipolex.wipo.int/en/text/128685
- https://web.archive.org/web/20241212192703/https://uk.practicallaw.thomsonreuters.com/0-620-2761?transitionType=Default&contextData=(sc.Default)&firstPage=true#co_anchor_a222247
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LATVIA
Reported in 2021, last reported in 2023
Pillar Intellectual Property Rights (IPRs) |
Indicator Enforcement of copyright online
Lack of adequate enforcement of copyright online
It is reported that Latvia is experiencing serious violations of intellectual property rights (IPR), piracy on the Internet, trans-shipment of pirated optical media and a large volume of hard goods piracy involving pirated optical discs.
Coverage Horizontal
Sources
- https://web.archive.org/web/20231024213012/https://euipo.europa.eu/tunnel-web/secure/webdav/guest/document_library/observatory/documents/quantification-of-ipr-infringement/online-copyright-infringemen...
- https://web.archive.org/web/20240307202233/https://euipo.europa.eu/tunnel-web/secure/webdav/guest/document_library/observatory/documents/reports/2023_online_copyright_infringement_in_eu/2023_online_co...
LATVIA
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
0.35%
Coverage rate of zero-tariffs on ICT goods (%)
75.08%
Coverage: ICT goods
LATVIA
Reported in 2023, last reported in 2024
Pillar Public procurement of ICT goods and online services |
Indicator Exclusion from public procurement
Ban on TikTok
In March 2023, Latvia's Ministry of Foreign Affairs banned TikTok from official mobile phones and other government-issued devices, citing security concerns. The measure, recommended by the ministry's internal security service, was described as preventive. Other Latvian ministries were reported to be considering similar restrictions, aligning with actions taken by the United States, Canada, and the European Commission.
Coverage TikTok
Sources
- https://table.media/en/china/news/latvian-ministry-bans-tiktok/
- https://www.qatar-tribune.com/article/53175/world/latvia-follows-us-canada-eu-and-bans-tiktok-on-official-devices
- https://twitter.com/edgarsrinkevics/status/1630843966378704896?s=20
- https://time.com/6971009/tiktok-banned-restrictions-worldwide-countries-united-states-law/
- https://www.context.news/big-tech/us-tiktok-ban-which-other-countries-have-banned-the-app
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KENYA
Since November 2011
Since August 2014
Since August 2014
Pillar Online sales and transactions |
Indicator Restrictions on online payments
National Payment System Act No. 39 of 2011
National Payment System Regulations
National Payment System Regulations
According to Section 3 of the National Payment System Act, the Central Bank is empowered to designate a payment system. In addition, Section 12 prohibits unauthorised companies from conducting business with a payment service provider. Furthermore, pursuant to Art. 43 of the National Payment System Regulations, e-money issued shall be subject to an individual transaction limit that shall not exceed seventy thousand shillings (approx. USD 560) and an aggregate monthly load limit of one million shillings (approx. USD 7,990), provided that the Central Bank may approve higher limits for specific categories of e-money issuers. The limits may be amended by the Central Bank from time to time.
Coverage Horizontal
KENYA
Reported in 2023
Pillar Online sales and transactions |
Indicator Threshold for ‘De Minimis’ rule
Low de minimis threshold
It is reported that the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is KSH 2,580 (approx. USD 20), below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal
