LITHUANIA
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Signature
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
N/A
Pillar Online sales and transactions |
Sub-pillar Ratification of the UN Convention of Electronic Communications
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
Since 2010
Pillar Online sales and transactions |
Sub-pillar Local presence requirement for digital services providers
Rules on the Registration on the Registry of the Value Added Tax Payers
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
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
Law on Consumer Protection
The Consumer Rights Directive 2011/83/EU provides an updated framework aimed at encouraging online sales. The Directive has been implemented by Law on Consumer Protection.
Coverage Horizontal
LITHUANIA
Since March 2010, entry into force in May 2010, last amended in 2018
Since 2010
Since 2010
Pillar Quantitative trade restrictions for ICT goods, products and online services |
Sub-pillar Local content requirements (LCRs) on ICT goods for the commercial market
EU Directive on Audiovisual Media Services (AVMS)
Amendment of Articles 3, 4, 5, 6, 7, 10, 11 and 15 of the Law on Lithuanian National Radio and Television
Amendment of Articles 3, 4, 5, 6, 7, 10, 11 and 15 of the Law on Lithuanian National Radio and Television
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. Article 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 through facilitating access to such works using any appropriate means to ensure prominence of European works. 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.
Art. 13 of the Amendment of the Lithuanian Law on Lithuanian National Radio and Television transposes the AVMS directive. Broadcasters shall reserve, where practicable, at least 50% of their transmission time (excluding the time allotted to news, sports events, games, advertising, teletext services and teleshopping) for European works. Broadcasters of television programmes must, where possible, reserve at least 10 percent of the television programme time remaining after deducting the time allocated for news, sports events, games, advertising programmes, teletext services and teleshopping for European works created by independent producers not earlier than within the past five years.
Art. 13 of the Amendment of the Lithuanian Law on Lithuanian National Radio and Television transposes the AVMS directive. Broadcasters shall reserve, where practicable, at least 50% of their transmission time (excluding the time allotted to news, sports events, games, advertising, teletext services and teleshopping) for European works. Broadcasters of television programmes must, where possible, reserve at least 10 percent of the television programme time remaining after deducting the time allocated for news, sports events, games, advertising programmes, teletext services and teleshopping for European works created by independent producers not earlier than within the past five years.
Coverage On-demand audiovisual service
LITHUANIA
Reported in 2022
Pillar Content access |
Sub-pillar Blocking or filtering of commercial web content
Blocking of Russian websites
It is reported that the Lithuanian regulatory authority blocked Russian websites for geo-political reasons.
Coverage Russian websites
LITHUANIA
Since July 2000
Since 2006
Case law from 2012
Since 2006
Case law from 2012
Pillar Intermediary liability |
Sub-pillar Safe harbor for intermediaries for any activity other than copyright infringement
Directive 2000/31/EC (E-Commerce Directive)
Law No X-614 on Information Society Services of the Republic of Lithuania
Kaunas Regional Court, Civil Case No. 2A-852-324/2012
Law No X-614 on Information Society Services of the Republic of Lithuania
Kaunas Regional Court, Civil Case No. 2A-852-324/2012
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 harbor. 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.
Law No X-614 on Information Society Services of the Republic of Lithuania transposes Directive 2000/31/EC.
In Latvia, there is no explicit legislation addressing intermediary liabilities, thus rules regarding this rest entirely on case law, which is still a debate. The Kausas case (2012) decision on intermediary liability is ambiguous, stating that service provider must disable absent user information upon receiving take down requests from the authorities despite not being able to contact the said user.
This is complicated by the ECHR judgment of Delfi AS v Estonia where the ECHR affirms the Estonian courts that Delfi AS is liable for ‘clearly unlawful’ comments from being published in the portal’s comments section, even though Delfi had taken down the offensive comments immediately after it had been notified about them, as justified and proportionate restriction on Delfi’s right to freedom of expression. Lithuanian courts have yet to address this and it remains a question among legal circles on the applicability of the case.
Law No X-614 on Information Society Services of the Republic of Lithuania transposes Directive 2000/31/EC.
In Latvia, there is no explicit legislation addressing intermediary liabilities, thus rules regarding this rest entirely on case law, which is still a debate. The Kausas case (2012) decision on intermediary liability is ambiguous, stating that service provider must disable absent user information upon receiving take down requests from the authorities despite not being able to contact the said user.
This is complicated by the ECHR judgment of Delfi AS v Estonia where the ECHR affirms the Estonian courts that Delfi AS is liable for ‘clearly unlawful’ comments from being published in the portal’s comments section, even though Delfi had taken down the offensive comments immediately after it had been notified about them, as justified and proportionate restriction on Delfi’s right to freedom of expression. Lithuanian courts have yet to address this and it remains a question among legal circles on the applicability of the case.
Coverage Horizontal
Sources
- https://wilmap.stanford.edu/entries/kaunas-regional-court-civil-case-no-2a-852-3242012
- http://stics.mruni.eu/wp-content/uploads/2017/07/STICS_2017_5_34-66.pdf
- https://eur-lex.europa.eu/legal-content/en/ALL/?uri=CELEX%3A32000L0031
- https://e-seimas.lrs.lt/portal/legalActEditions/lt/TAD/TAIS.277491
- Show more...
LITHUANIA
Since July 2000
Since 2006
Case law from 2012
Since 2006
Case law from 2012
Pillar Intermediary liability |
Sub-pillar Safe harbor for intermediaries for copyright infringement
Directive 2000/31/EC (E-Commerce Directive)
Law No X-614 on Information Society Services of the Republic of Lithuania
Kaunas Regional Court, Civil Case No. 2A-852-324/2012
Law No X-614 on Information Society Services of the Republic of Lithuania
Kaunas Regional Court, Civil Case No. 2A-852-324/2012
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 harbor. 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.
Law No X-614 on Information Society Services of the Republic of Lithuania transposes Directive 2000/31/EC.
In Latvia, there is no explicit legislation addressing intermediary liabilities, thus rules regarding this rest entirely on case law, which is still a debate. The Kausas case (2012) decision on intermediary liability is ambiguous, stating that service provider must disable absent user information upon receiving take down requests from the authorities despite not being able to contact the said user.
This is complicated by the ECHR judgment of Delfi AS v Estonia where the ECHR affirms the Estonian courts that Delfi AS is liable for ‘clearly unlawful’ comments from being published in the portal’s comments section, even though Delfi had taken down the offensive comments immediately after it had been notified about them, as justified and proportionate restriction on Delfi’s right to freedom of expression. Lithuanian courts have yet to address this and it remains a question among legal circles on the applicability of the case.
Law No X-614 on Information Society Services of the Republic of Lithuania transposes Directive 2000/31/EC.
In Latvia, there is no explicit legislation addressing intermediary liabilities, thus rules regarding this rest entirely on case law, which is still a debate. The Kausas case (2012) decision on intermediary liability is ambiguous, stating that service provider must disable absent user information upon receiving take down requests from the authorities despite not being able to contact the said user.
This is complicated by the ECHR judgment of Delfi AS v Estonia where the ECHR affirms the Estonian courts that Delfi AS is liable for ‘clearly unlawful’ comments from being published in the portal’s comments section, even though Delfi had taken down the offensive comments immediately after it had been notified about them, as justified and proportionate restriction on Delfi’s right to freedom of expression. Lithuanian courts have yet to address this and it remains a question among legal circles on the applicability of the case.
Coverage Horizontal
Sources
- https://wilmap.stanford.edu/entries/kaunas-regional-court-civil-case-no-2a-852-3242012
- http://stics.mruni.eu/wp-content/uploads/2017/07/STICS_2017_5_34-66.pdf
- https://eur-lex.europa.eu/legal-content/en/ALL/?uri=CELEX%3A32000L0031
- https://e-seimas.lrs.lt/portal/legalActEditions/lt/TAD/TAIS.277491
- Show more...
LITHUANIA
Since 2001
Pillar Telecom infrastructure and competition |
Sub-pillar Presence of independent telecom authority
Presence of independent telecom authority
It is reported that the Communications Regulatory Authority of the Republic of Lithuania (CRA), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.
Coverage Telecommunications sector
LITHUANIA
N/A
Pillar Telecom infrastructure and competition |
Sub-pillar 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 AB Lietuvos radijo ir televizijos centras (Broadcasting of radio and television programs) is a wholly state-owned company.
Coverage Telecommunications sector
LITHUANIA
N/A
Pillar Telecom infrastructure and competition |
Sub-pillar Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
It is reported that Lithuania does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, accounting separation is required by law
Coverage Telecommunications sector
LITHUANIA
Since June 2016
Since May 2018
Since May 2018
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Effective protection covering trade secrets
Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets)
Law No XIII-1125 on the Legal Protection of Trade Secrets of the Republic of Lithuania (Lietuvos Respublikos komercinių paslapčių teisinės apsaugos įstatymas Nr. XIII-1125)
Law No XIII-1125 on the Legal Protection of Trade Secrets of the Republic of Lithuania (Lietuvos Respublikos komercinių paslapčių teisinės apsaugos įstatymas Nr. XIII-1125)
The Directive 2016/943 on the protection of undisclosed know-how and business information (trade secrets) is key in harmonising national laws concerning trade secrets. Lithuania transposed the Directive through a series of amendments to existing legislation in 2018, as well as with Law No XIII-1125 on the Legal Protection of Trade Secrets of the Republic of Lithuania.
Coverage Horizontal
LITHUANIA
Since May 2014
Pillar Telecom infrastructure and competition |
Sub-pillar 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 Lithuania, and it is practiced in mobile based on commercial agreements. In addition, Art. 3.2 Directive 2014/61/EU establishes that Member States shall ensure that, upon written request of an undertaking providing or authorised to provide public communications networks, any network operator has the obligation to 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
LITHUANIA
Since May 2002
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature of the WIPO Performances and Phonogram Treaty
WIPO Performances and Phonograms Treaty
Lithuania has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
LITHUANIA
Since March 2002
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature of the WIPO Copyright Treaty
WIPO Copyright Treaty
Lithuania has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal