LITHUANIA
Since May 2001
Since 2015
Since 2015
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Copyright law with clear exceptions
Directive 2001/29/EC
Law on Copyright and Related Rights
Law on Copyright and Related Rights
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 wide range of exceptions.
Coverage Horizontal
LITHUANIA
Reported in 2021
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Enforcement of copyright online
Lack of adequate enforcement of copyright
It is reported that Lithuania 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. It is reported that Lithuania's weak enforcement at the borders and frail Internet piracy surveillance is facilitating these IPR crimes. Lithuania exhibited the highest number of monthly accesses to pirated content per user between 2017 and 2020 according to the European Union IP Office.
Coverage Horizontal
LITHUANIA
Since July 1994
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty
Patent Cooperation Treaty (PCT)
Lithuania is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
LITHUANIA
Since March 2019
Since October 2002, last amended in August 2020
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
Regulation 2019/452 establishing a framework for the screening of foreign direct investments
Law on the Protection of Objects of Importance to Ensuring National Security No XIII-992
Law on the Protection of Objects of Importance to Ensuring National Security No XIII-992
Under the Regulation 2019/452, Member States may maintain their existing investments screening mechanisms (21 Member States currently do), adopt new ones or remain without such national mechanisms. The Commission keeps an up-to-date list of screening laws in the EU. Member States must notify the Commission who may issue an opinion when an investment threatens the security or public order of more than one Member State, or when an investment could undermine a strategic project or programme of interest to the whole EU, such as Horizon 2020 or Galileo. The final decision remains with the Member State.
Lithuania applies screening for foreign investments in certain economic sectors important to national security under Arts. 2(4) and 6 of the Law on the Protection of Objects of Importance to Ensuring National Security No XIII-992. Economic sectors deemed of importance to national security include information technologies, telecommunications and other high 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.
Lithuania applies screening for foreign investments in certain economic sectors important to national security under Arts. 2(4) and 6 of the Law on the Protection of Objects of Importance to Ensuring National Security No XIII-992. Economic sectors deemed of importance to national security include information technologies, telecommunications and other high 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 Horizontal
Sources
- https://eur-lex.europa.eu/eli/reg/2019/452/oj
- https://investmentpolicy.unctad.org/investment-laws/laws/246/lithuania-law-on-the-protection-of-objects-of-importance-to-ensuring-national-security-
- https://policy.trade.ec.europa.eu/enforcement-and-protection/investment-screening_en
- https://trade.ec.europa.eu/doclib/press/index.cfm?id=2006
- https://policy.trade.ec.europa.eu/enforcement-and-protection/investment-screening_en
- https://circabc.europa.eu/rest/download/7e72cdb4-65d4-4eb1-910b-bed119c45d47
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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
Law No I-1491 on Public Procurement
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://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32014L0025&from=EN#d1e7298-243-1
- https://e-seimas.lrs.lt/portal/legalActPrint/lt?jfwid=191fum84tj&documentId=2f150840f7e011e4ab99c3ab3bbb5843&category=TAP
- https://e-seimas.lrs.lt/portal/legalAct/lt/TAD/badfca72b36811e982dae1db4290b1a9
- https://eur-lex.europa.eu/legal-content/EN/NIM/?uri=CELEX:32014L0025
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LITHUANIA
Reported in 2021
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 favor of local vendors and state-owned enterprises.
Coverage Horizontal
LATVIA
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
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
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
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 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
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
Consumer Rights Protection Law
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
LATVIA
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)
Electronic Mass Media Law
Electronic Mass Media Law
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.
Latvia's Electronic Mass Media Law transposes the AVMS into Latvian law. Broadcasters of television programmes are prohibited from showing audiovisual works that have been translated from an official EU language into a non-EU language.
The national and regional electronic mass media shall ensure that in the television programmes produced by them at least 65 per cent of all broadcasts, except for the advertising, teleshopping and teleshopping windows, are in the official language and that such broadcasts in the official language would take up at least 65 percent of the transmission time. 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.
Latvia's Electronic Mass Media Law transposes the AVMS into Latvian law. Broadcasters of television programmes are prohibited from showing audiovisual works that have been translated from an official EU language into a non-EU language.
The national and regional electronic mass media shall ensure that in the television programmes produced by them at least 65 per cent of all broadcasts, except for the advertising, teleshopping and teleshopping windows, are in the official language and that such broadcasts in the official language would take up at least 65 percent of the transmission time. 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 services
LATVIA
Since 2022
Pillar Content access |
Sub-pillar Blocking or filtering of commercial web content
Blocking Russian websites
Recent tensions with Russia has induced Latvian regulatory authority to block Russian websites for ge-political 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
- https://newsy-today.com/latvia-worries-about-freedom-of-speech-after-blocking-91-russian-propaganda-sites-article/
- https://news.err.ee/1608596623/lsm-latvia-blocks-russian-vkontakte-odnoklassniki-sites
- https://eng.lsm.lv/article/features/media-literacy/russian-website-ban-prompts-discussion-on-free-speech-in-latvia.a449231/
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LATVIA
Since July 2000
Since November 2004, last amended in May 2011
Since November 2004, last amended in May 2011
Pillar Intermediary liability |
Sub-pillar Safe harbor for intermediaries for any activity other than copyright infringement
Directive 2000/31/EC (E-Commerce Directive)
Information Society Services Act
Information Society Services Act
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. 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 the 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 the 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
LATVIA
Since July 2000
Since November 2004, last amended in May 2011
Since November 2004, last amended in May 2011
Pillar Intermediary liability |
Sub-pillar Safe harbor for intermediaries for copyright infringement
Directive 2000/31/EC (E-Commerce Directive)
Information Society Services Act
Information Society Services Act
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. 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 the 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 the 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
LATVIA
Since 2006
Since 2014
Since 2009
Since 2014
Since 2009
Pillar Domestic Data policies |
Sub-pillar Minimum period for data retention
Data Retention Directive 2006/24/EC
Judgment European Court of Justice in Joined Cases C-293/12 and C-594/12 Digital Rights Ireland and Seitlinger and Others
Electronic Communications Law
Judgment European Court of Justice in Joined Cases C-293/12 and C-594/12 Digital Rights Ireland and Seitlinger and Others
Electronic Communications Law
Under the EU Directive on Data Retention, operators were required to retain certain categories of traffic and location data (excluding the content of those communications) for a period between six months and two years and to make them available, on request, to law enforcement authorities for the purposes of investigating, detecting and prosecuting serious crime and terrorism. On 8 April 2014, the Court of Justice of the European Union declared the Directive invalid. However, not all national laws which implemented the Directive have been overturned.
In Latvia, the Directive has been implemented through amendments to the Electronic Communications Law and still applies today.
In Latvia, the Directive has been implemented through amendments to the Electronic Communications Law and still applies today.
Coverage Telecommunications sector