LATVIA
Since July 2000
Since November 2004, last amended in May 2024
Since November 2004, last amended in May 2024
Pillar Intermediary liability |
Sub-pillar Safe harbour for intermediaries for copyright infringement
Directive 2000/31/EC (E-Commerce Directive)
Information Society Services Act (Informācijas sabiedrības pakalpojumu likums)
Information Society Services Act (Informācijas sabiedrības pakalpojumu likums)
The Directive 2000/31/EC (E-Commerce Directive) is the legal basis governing the liability of Internet Services Providers (ISPs) in the EU Member States and includes a conditional safe harbour. Not all Member States have transposed the relevant articles consistently, leading to divergent national case law that could cause legal insecurity on an EU level. Latvia has transposed Directive 2000/31/EC.
The Information Society Services Act and its amendments of 2005, 2009 and 2011 transpose the E-Commerce Directive into Latvian law. The Law aims to promote the free movement of information society services between Latvia and EU/EEA members, with particular emphasis on the establishment of a clear framework for the liability of intermediaries.
The Information Society Services Act and its amendments of 2005, 2009 and 2011 transpose the E-Commerce Directive into Latvian law. The Law aims to promote the free movement of information society services between Latvia and EU/EEA members, with particular emphasis on the establishment of a clear framework for the liability of intermediaries.
Coverage Internet Services Providers
Sources
- https://web.archive.org/web/20231227125945/https://eur-lex.europa.eu/legal-content/en/ALL/?uri=CELEX%3A32000L0031
- https://web.archive.org/web/20231127082718/https://eur-lex.europa.eu/legal-content/EN/NIM/?uri=CELEX:32000L0031
- https://web.archive.org/web/20240808070306/https://wwwex.ilo.org/dyn/natlex2/natlex2/files/download/90449/LVA90449_eng.pdf
- https://web.archive.org/web/20241107211553/https://natlex.ilo.org/dyn/natlex2/r/natlex/fe/details?p3_isn=90449
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LATVIA
Since July 2000
Since November 2004, last amended in May 2024
Since November 2004, last amended in May 2024
Pillar Intermediary liability |
Sub-pillar Safe harbour for intermediaries for any activity other than copyright infringement
Directive 2000/31/EC (E-Commerce Directive)
Information Society Services Act (Informācijas sabiedrības pakalpojumu likums)
Information Society Services Act (Informācijas sabiedrības pakalpojumu likums)
The Directive 2000/31/EC (E-Commerce Directive) is the legal basis governing the liability of Internet Services Providers (ISPs) in the EU Member States and includes a conditional safe harbour. Not all Member States have transposed the relevant articles consistently, leading to divergent national case law that could cause legal insecurity on an EU level. Latvia has transposed Directive 2000/31/EC.
The Information Society Services Act and its amendments of 2005, 2009 and 2011 transpose the E-Commerce Directive into Latvian law. The Law aims to promote the free movement of information society services between Latvia and EU/EEA members, with particular emphasis on the establishment of a clear framework for the liability of intermediaries.
The Information Society Services Act and its amendments of 2005, 2009 and 2011 transpose the E-Commerce Directive into Latvian law. The Law aims to promote the free movement of information society services between Latvia and EU/EEA members, with particular emphasis on the establishment of a clear framework for the liability of intermediaries.
Coverage Internet Services Providers
Sources
- https://web.archive.org/web/20231227125945/https://eur-lex.europa.eu/legal-content/en/ALL/?uri=CELEX%3A32000L0031
- https://web.archive.org/web/20231127082718/https://eur-lex.europa.eu/legal-content/EN/NIM/?uri=CELEX:32000L0031
- https://web.archive.org/web/20240808070306/https://wwwex.ilo.org/dyn/natlex2/natlex2/files/download/90449/LVA90449_eng.pdf
- https://web.archive.org/web/20241107211553/https://natlex.ilo.org/dyn/natlex2/r/natlex/fe/details?p3_isn=90449
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LATVIA
Reported in 2022, last reported in 2023
Pillar Content access |
Sub-pillar Blocking or filtering of commercial web content
Blocking Russian websites
Recent tensions with Russia have induced Latvian regulatory authorities to block Russian websites for geopolitical reasons and possibly part of the European sanctions regime. 91 websites were blocked. Of these, 20 websites were shut down for violating sanctions imposed by Russia during the war, and 71 sites have been blocked for spreading Kremlin propaganda, including three social media platforms: VKontakte ("In Contact"), Odnoklassniki ("Classmates") and email portal Moi mir ("My world").
Coverage Russian websites
Sources
LATVIA
Since March 2010, entry into force in May 2010, last amended in 2018
Since July 2010, as amended in November 2020, last amended in September 2022
Since July 2010, as amended in November 2020, last amended in September 2022
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)
Electronic Mass Media Law (Elektronisko plašsaziņas līdzekļu likums)
Electronic Mass Media Law (Elektronisko plašsaziņas līdzekļu likums)
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 Latvia, the EU Directive was transposed into domestic law through the amendment of the Electronic Mass Media Law of November 2020 (LV, 223, 17.11.2020). According to Art. 23.5 of the Law, electronic media providers offering on-demand audiovisual services must ensure that at least 30% of their catalogue consists of European audiovisual works. Additionally, Latvia has not implemented financial contribution obligations for VOD service providers.
In Latvia, the EU Directive was transposed into domestic law through the amendment of the Electronic Mass Media Law of November 2020 (LV, 223, 17.11.2020). According to Art. 23.5 of the Law, electronic media providers offering on-demand audiovisual services must ensure that at least 30% of their catalogue consists of European audiovisual works. Additionally, Latvia has not implemented financial contribution obligations for VOD service providers.
Coverage On-demand audiovisual services
Sources
- https://web.archive.org/web/20221107114712/https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32010L0013&from=EN
- https://web.archive.org/web/20231002184356/https://eur-lex.europa.eu/eli/dir/2018/1808/oj
- https://web.archive.org/web/20230930201357/https://likumi.lv/ta/en/en/id/214039-electronic-mass-media-law
- https://web.archive.org/web/20240609131307/https://rm.coe.int/iris-plus-2022-2-tables/1680a6889d
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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
LATVIA
Since April 2016, entry into force in May 2018
Since July 2018
Since July 2018
Pillar Domestic data policies |
Sub-pillar Framework for data protection
General Data Protection Regulation (Regulation 2016/679)
Personal Data Processing Law (Fizisko Personu Datu Apstrādes Likums)
Personal Data Processing Law (Fizisko Personu Datu Apstrādes Likums)
The European Union General Data Protection Regulation (GDPR) provides a comprehensive framework for data protection that applies to all EU Member States. The Personal Data Processing Law implemented the GDPR.
Coverage Horizontal
LATVIA
Since March 2004, last amended in February 2014
Since February 2017
Since February 2017
Pillar Public procurement of ICT goods and online services |
Sub-pillar 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 |
Sub-pillar 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 |
Sub-pillar 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 |
Sub-pillar 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) |
Sub-pillar 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) |
Sub-pillar 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) |
Sub-pillar 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
Since March 2002
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Copyright Treaty
WIPO Copyright Treaty
Latvia and the European Union have adopted the World Intellectual Property Organization (WIPO) Copyright Treaty. Latvia acceded to the Treaty on 22 March 2000, 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
LATVIA
Since May 2002
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Performances and Phonogram Treaty
WIPO Performances and Phonograms Treaty
Latvia and the European Union have adopted the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty. Latvia acceded to the Treaty on 22 March 2000, with its provisions coming into force on 20 May 2002. Subsequently, the European Union ratified the Treaty on 14 December 2009, and it entered into effect on 14 March 2010.
Coverage Horizontal