LITHUANIA
Reported in 2018, last reported in 2023
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Lack of transparency in public procurement
It is reported that the lack of transparency is a challenge for public procurement procedures in Lithuania, especially for foreign bidders, including with respect to overly narrow definitions of tenders and implicit biases in favour of local vendors and state-owned enterprises. Moreover, foreign companies have expressed concern that large projects are often split into multiple smaller tenders, which favours local companies and reduces economies of scale for foreign bidders.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230919071254/https://ustr.gov/sites/default/files/2022%20National%20Trade%20Estimate%20Report%20on%20Foreign%20Trade%20Barriers.pdf
- https://web.archive.org/web/20231126221937/https://ustr.gov/sites/default/files/files/Press/Reports/2018%20National%20Trade%20Estimate%20Report.pdf
LITHUANIA
Since July 1999, amended in November 2004
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Maximum foreign equity share
Law No. VIII-1312 on Investment (VIII-1312 Lietuvos Respublikos investicijų įstatymas)
According to the Law on Investment, which establishes the terms and conditions of investment in the Republic of Lithuania, the rights of investors and investment protection measures for all types of investment (Art. 1), there are no prohibited sectors for investment and no limits of control by foreigners. In addition, foreign investors are reported to have the right to repatriate profits, income or dividends, in cash or otherwise, or to reinvest them without limitation upon payment of taxes. The law does not establish limits on foreign ownership or control. Foreign investors have free access to all sectors of the economy, with some limited exceptions in sectors related to the security and defence of the State.
Coverage Horizontal
LITHUANIA
Since October 2002, last amended in August 2020
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Screening of investment and acquisitions
Law on Protection of Objects Important to Ensuring National Security of the Republic of Lithuania, No. IX-1132 (Lietuvos Respublikos nacionaliniam saugumui užtikrinti svarbių objektų apsaugos įstatymas Nr. IX1132)
Lithuania applies screening for foreign investments in certain economic sectors important to national security under Arts. 2.4 and 6 of the Law on Protection of Objects Important to Ensuring National Security of the Republic of Lithuania, No. IX-1132. Economic sectors deemed important to national security include information technologies, telecommunications, and other high-tech technologies. While screening in these sectors is not mandatory, the procedure may be started at any stage (including ex-post investment) at the initiative of the entities responsible for the protection of national security, such as the Government, Minister, Bank of Lithuania and other institutions laid down in the Law. When an investor acquires ownership of more than one-quarter of the entity of the strategic sector, this acquisition must be notified to the Commission on Coordination of Security for Objects of Importance for National Security. However, as of 2022, no cases of investment blocking in sectors relevant for digital trade are known to have occurred in Lithuania.
Coverage Information technologies, telecommunications, and other high-tech technologies
Sources
- https://web.archive.org/web/20231219024112/https://eur-lex.europa.eu/eli/reg/2019/452/oj
- https://web.archive.org/web/20230923203446/https://investmentpolicy.unctad.org/investment-laws/laws/246/lithuania-law-on-the-protection-of-objects-of-importance-to-ensuring-national-security-
- https://web.archive.org/web/20231222223551/https://policy.trade.ec.europa.eu/enforcement-and-protection/investment-screening_en
- https://web.archive.org/web/20210328201849/https://trade.ec.europa.eu/doclib/press/index.cfm?id=2006
- https://web.archive.org/web/20220122171925/https://trade.ec.europa.eu/doclib/docs/2019/june/tradoc_157946.pdf
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LITHUANIA
Since July 1994
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Lithuania is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
LITHUANIA
Since May 2001
Since May 1999, last amended in March 2022
Since May 1999, last amended in March 2022
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Copyright law with clear exceptions
Directive 2001/29/EC
Law No. VIII-1185 on Copyright and Related Rights (Lietuvos Respublikos autorių teisių ir gretutinių teisių įstatymas No. VIII-1185)
Law No. VIII-1185 on Copyright and Related Rights (Lietuvos Respublikos autorių teisių ir gretutinių teisių įstatymas No. VIII-1185)
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 Lithuanian Law on Copyright and Related Rights provides for a wide range of exceptions.
Coverage Horizontal
LITHUANIA
Since March 2002
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Copyright Treaty
WIPO Copyright Treaty
Lithuania and the European Union have adopted the World Intellectual Property Organization (WIPO) Copyright Treaty. Lithuania acceded to the Treaty on 18 June 2001, with its provisions coming into force on 6 March 2002. Subsequently, the European Union ratified the Treaty on 14 December 2009, and it entered into effect on 14 March 2010.
Coverage Horizontal
LITHUANIA
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods |
Sub-pillar Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
1.07%
Coverage rate of zero-tariffs on ICT goods (%)
76.56%
Coverage: Digital goods
LITHUANIA
Reported in 2022
Pillar Public procurement of ICT goods and online services |
Sub-pillar Exclusion from public procurement
Exclusion from public procurement
On 22 March 2022, the Lithuanian government approved a list of "hostile countries," which now face exclusion from public procurement opportunities in Lithuania. This list includes Russia, Belarus, Crimea, Transnistria, Abkhazia, and South Ossetia. As a result, companies from these countries will no longer be able to participate in public procurement processes, and existing contracts with suppliers from these regions will be terminated. The establishment of this list follows amendments to Lithuania's procurement laws, which allow national authorities to reject tenders from suppliers connected to countries deemed hostile to Lithuania, particularly in cases of mobilisation, war, or a state of emergency.
Coverage Horizontal
Sources
- https://web.archive.org/web/20220403190331/https://www.lrt.lt/en/news-in-english/19/1658381/lithuania-puts-russia-belarus-on-its-list-of-hostile-countries
- https://web.archive.org/web/20241212192300/https://www.globaltradealert.org/intervention/102580/public-procurement-access/lithuania-ban-of-hostile-countries-from-public-procurement-contracts
LITHUANIA
Since March 2004, last amended in February 2014
Since August 1996, last amended in June 2018
Since August 1996, last amended in June 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 No I-1491 on Public Procurement (Lietuvos Respublikos viešųjų pirkimų įstatymas No. I-1491)
Law No I-1491 on Public Procurement (Lietuvos Respublikos viešųjų pirkimų įstatymas No. I-1491)
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 Lithuania, the Directive has been transposed through Appendix 2 and the Annex to Law No. I-1491 on Public Procurement and the insertion of Art. 18-1 in the Law.
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/20241107212702/https://e-seimas.lrs.lt/portal/legalActPrint/lt?jfwid=191fum84tj&documentId=2f150840f7e011e4ab99c3ab3bbb5843&category=TAP
- https://web.archive.org/web/20231204003204/https://e-seimas.lrs.lt/portal/legalAct/lt/TAD/badfca72b36811e982dae1db4290b1a9
- https://web.archive.org/web/20231102191732/https://eur-lex.europa.eu/legal-content/EN/NIM/?uri=CELEX:32014L0025
- 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
Since June 2014
Since March 1999
Since March 1999
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Consumer Rights Directive 2011/83/EU
Consumer Rights Protection Law (Patērētāju tiesību aizsardzības likums)
Consumer Rights Protection Law (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 Consumer Rights Protection Law.
Coverage Horizontal
Sources
- https://web.archive.org/web/20201127182954/https://e-justice.europa.eu/content_consumer_rights_directive_201183-639-en.do
- https://web.archive.org/web/20230928043829/https://likumi.lv/ta/en/en/id/23309-consumer-rights-protection-law
- https://web.archive.org/web/20230322070943/https://likumi.lv/ta/id/23309-pateretaju-tiesibu-aizsardzibas-likums
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LATVIA
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
Latvia has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
LATVIA
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
Latvia 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
LATVIA
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
Latvia 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
LATVIA
Since June 2021, entry into force in January 2022
Since October 1992, entry into force in January 1993, until January 2022
Since October 1992, entry into force in January 1993, until January 2022
Pillar Cross-border data policies |
Sub-pillar Local storage requirement
Accounting Law (Grāmatvedības likums)
The Law on Accounting (Likums Par grāmatvedību)
The Law on Accounting (Likums Par grāmatvedību)
Pursuant to Section 27 of the Accounting Law, accounting registers and their source documents (including employee data) must be stored within Latvia if maintained in paper format. However, electronic versions of these accounting documents may also be stored in other EU countries. With the enactment of the Accounting Law in 2022, the 1992 Law on Accounting was repealed. Under Section 6 of the repealed law, all accounting registers and their corresponding source documents were required to be stored within Latvia.
Coverage Horizontal