LATVIA
Since October 2000
Pillar Telecom infrastructure and competition |
Sub-pillar Presence of independent telecom authority
Presence of independent telecom authority
It is reported that the Public Utilities Commission (SPRK), 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
LATVIA
N/A
Pillar Telecom infrastructure and competition |
Sub-pillar 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
Last reported in 2022
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 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
Since June 2016
Since March 2019
Since March 2019
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 on Protection of Trade Secrets (the Trade Secrets Law)
Law on Protection of Trade Secrets (the Trade Secrets Law)
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. The Trade Secret Law transposed the Directive 2016/943 of the European Parliament and of the Council of 8 June 2016 on trade secrets in 2019.
Coverage Horizontal
LATVIA
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 Latvia, and it is practiced in mobile 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 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
LATVIA
Since March 2002
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature of the WIPO Copyright Treaty
WIPO Copyright Treaty
Latvia has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
LATVIA
Since May 2002
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature of the WIPO Performances and Phonogram Treaty
WIPO Performances and Phonograms Treaty
Latvia has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
LATVIA
Last reported in 2021
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. However, the rate of unlicensed software installation in Latvia was 48% in 2017 (below the 57% rate of Central and Eastern European countries), for an estimated commercial value of unlicensed software of USD 22 million.
Coverage Horizontal
LATVIA
Since September 1993
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty
Patent Cooperation Treaty (PCT)
Latvia is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
LATVIA
Since May 2001
Since 2000, last amended in 2018
Since 2000, last amended in 2018
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Copyright law with clear exceptions
Directive 2001/29/EC
Copyright law
Copyright law
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
LATVIA
Since March 2019
Since December 2000, last amended in March 2017
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
Regulation 2019/452 establishing a framework for the screening of foreign direct investments
National Security Law
National Security Law
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.
Latvian legislation, on the basis of national security concerns, requires governmental approval prior to transfers of significant ownership interests in the telecommunications and media sectors. This applies to commercial companies registered in Latvia which (i) are of significance to national security (including electronic communications operators with a significant market power, audible broadcasting mass media whose coverage extends at least 60% of Latvian territory or audio-visual electronic mass media whose coverage extends to at least 95% of Latvian territory), (ii) operate a national critical infrastructure; or (iii) operate a European critical infrastructure.
Latvian legislation, on the basis of national security concerns, requires governmental approval prior to transfers of significant ownership interests in the telecommunications and media sectors. This applies to commercial companies registered in Latvia which (i) are of significance to national security (including electronic communications operators with a significant market power, audible broadcasting mass media whose coverage extends at least 60% of Latvian territory or audio-visual electronic mass media whose coverage extends to at least 95% of Latvian territory), (ii) operate a national critical infrastructure; or (iii) operate a European critical infrastructure.
Coverage Horizontal
Sources
- https://likumi.lv/ta/id/289677-grozijumi-nacionalas-drosibas-likuma
- https://policy.trade.ec.europa.eu/enforcement-and-protection/investment-screening_en
- https://investmentpolicy.unctad.org/investment-policy-monitor/measures/3257/acquisition-of-a-company-of-significance-to-national-security-requires-a-permit-from-the-government-of-latvia
- https://policy.trade.ec.europa.eu/enforcement-and-protection/investment-screening_en
- https://circabc.europa.eu/rest/download/7e72cdb4-65d4-4eb1-910b-bed119c45d47
- Show more...
LATVIA
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
There are reports of lack of fairness and transparency in public procurements in Latvia. A number of companies, including foreign companies, have complained that bidding requirements are sometimes written with the assistance of potential contractors or couched in terms that exclude all but “preferred” contractors.
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
ITALY
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
Italy 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
ITALY
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
Italy 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