Database

Browse Database

LUXEMBOURG

Since March 2010

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
The European Union and Luxembourg have adopted the World Intellectual Property Organization (WIPO) Copyright Treaty. The treaty was ratified on 14 December 2009 and came into effect on 14 March 2010.
Coverage Horizontal

LUXEMBOURG

Since March 2010

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
The European Union and Luxembourg have adopted the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty. The treaty was ratified on 14 December 2009 and came into effect on 14 March 2010.
Coverage Horizontal

LITHUANIA

Since 2010

Pillar Online sales and transactions  |  Indicator Local presence requirements for digital services providers
Rules on the Registration on the Registry of the Value Added Tax Payers (Dėl įregistravimo į pridėtinės vertės mokesčio mokėtojų registrą/Išregistravimo Iš pridėtinės vertės mokesčio mokėtojų registro taisyklių)
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

Pillar Online sales and transactions  |  Indicator Framework for consumer protection applicable to online commerce
Consumer Rights Directive 2011/83/EU

Law on Consumer Protection (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 Law on Consumer Protection.
Coverage Horizontal

LITHUANIA

N/A

Pillar Online sales and transactions  |  Indicator Ratification of the 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
Lithuania has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

LITHUANIA

N/A

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Lithuania 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

LITHUANIA

N/A

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Signatures
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

Since July 2000
Since May 2006
Case law from 2012

Pillar Intermediary liability  |  Indicator Safe harbour 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 (Lietuvos Respublikos informacinės visuomenės paslaugų įstatymas No. X-614)

Kaunas Regional Court, Civil Case No. 2A-852-324/2012 (Kauno apygardos teismo Civilinių bylų skyrius, Byla 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 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.
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 providers must disable absent user information upon receiving takedown requests from the authorities despite not being able to contact the said user.
This is complicated by the European Court of Human Rights (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 a justified and proportionate restriction on Delfi’s right to freedom of expression. Lithuanian courts have yet to address this, and the applicability of the case remains a question among legal circles.
Coverage Horizontal

LITHUANIA

Since July 2000
Since May 2006
Case law from 2012

Pillar Intermediary liability  |  Indicator Safe harbour 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 (Lietuvos Respublikos informacinės visuomenės paslaugų įstatymas No. X-614)

Kaunas Regional Court, Civil Case No. 2A-852-324/2012 (Kauno apygardos teismo Civilinių bylų skyrius, Byla 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 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.
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 providers must disable absent user information upon receiving takedown requests from the authorities despite not being able to contact the said user.
This is complicated by the European Court of Human Rights (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 a justified and proportionate restriction on Delfi’s right to freedom of expression. Lithuanian courts have yet to address this, and the applicability of the case remains a question among legal circles.
Coverage Horizontal

LITHUANIA

Since April 2019
Since May 2001
Since May 1999, last amended in March 2022

Pillar Intermediary liability  |  Indicator Monitoring requirement
Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC

Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society

Law No. VIII-1185 on Copyright and Related Rights (Lietuvos Respublikos autorių teisių ir gretutinių teisių įstatymas No. VIII-1185)
Art. 17 of Directive 2019/790 on Copyright in the Digital Single Market (DSM Directive) mandates that providers of content-sharing services seek authorisation from rights holders and implement technical solutions to remove and prevent unauthorised uploads by their users (so-called upload filters) under penalty of losing their liability safe harbour. Further arrangements are envisaged for complaints and dispute resolution mechanisms. Such upload filters are reported to be a significant cost for online platforms. Graduated exemptions are expected to be put in place for new providers active in the EU for less than three years with a turnover under EUR 10 million and with fewer than five million users. The provision is subject to a challenge in the Court of Justice by Poland (C-401/19).
To implement Directive 2019/790, Seimas has adopted amendments to the Law on Copyright and Related Rights, therefore making online content-sharing service providers partially liable for copyright violations on their platforms.
The Law No. VIII-1185 also implements the Directive 2001/29/EC. Art.78 of the law provides for the right of the rights holders to apply to the court for an injunction against intermediaries whose services are used by a third party to infringe a copyright or related rights. Intermediaries are defined as electronic communication service providers who transmit information provided by third parties, provide access to communication networks and/or store information.
Coverage Online content sharing service

LITHUANIA

Reported in 2022, last reported in 2023

Pillar Content access  |  Indicator Blocking or filtering of commercial web content
Blocking of Russian websites
It is reported that in September 2022, the parliament of Lithuania passed an amendment to the Law on the Provision of Information to the Public that imposed a temporary ban on rebroadcasting and online distribution of radio, television, or individual broadcasts by entities established directly or indirectly owned, controlled, or financed by the governments of Russia or Belarus. The regulations will remain in place until 16 October 2024.
Coverage Russian websites

LITHUANIA

Since March 2010, entry into force in May 2010, last amended in 2018
Since July 1996, as amended in January 2021

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Local content requirements (LCRs) on ICT goods for the commercial market
EU Directive on Audiovisual Media Services (AVMS)

Law on the Provision of Information to the Public of the Republic of Lithuania (Lietuvos Respublikos visuomenės informavimo įstatymas)
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 Lithuania, the EU Directive was transposed into domestic law through the amendment of the Law on the Provision of Information to the Public of the Republic of Lithuania of January 2021 (Law No. 2021-01352). According to Art. 37.6 of the Law, suppliers of on-demand audiovisual media services shall ensure that not less than 30% of programmes in the on-demand audiovisual media services listing are European works. This requirement shall not apply to on-demand audiovisual media service providers whose total annual turnover, including their own turnover and that of their affiliated undertakings, is low (less than 1% of total revenue from the Lithuanian audiovisual services market) or whose audience is small (the proportion of the audience of the on-demand audiovisual media service in Lithuania is less than 1%). Additionally, Lithuania has not implemented financial contribution obligations for VOD service providers.
Coverage On-demand audiovisual service

LITHUANIA

Since May 2001
Since May 1999, last amended in March 2022

Pillar Intellectual Property Rights (IPRs)  |  Indicator 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)
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)  |  Indicator Adoption of the 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

Since May 2002

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
Lithuania and the European Union have adopted the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty. Lithuania acceded to the Treaty on 26 January 2001, 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

Report issue     Report new measure