LATVIA
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
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 |
Indicator 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
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
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
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 |
Indicator 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
N/A
Pillar Telecom infrastructure & competition |
Indicator Presence of an 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
Sources
- https://web.archive.org/web/20231219075011/https://www.sprk.gov.lv/
- https://web.archive.org/web/20241107211220/https://public-body.lursoft.lv/sabiedrisko-pakalpojumu-regulesanas-komisija/90001162258
- https://web.archive.org/web/20250308233700/https://datahub.itu.int/data/?i=100088&s=3109&e=LVA
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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 |
Indicator 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 |
Indicator 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 May 2006
In April 2014
Since 2009
In April 2014
Since 2009
Pillar Domestic data policies |
Indicator 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 (Elektronisko Sakaru Likums)
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 (Elektronisko Sakaru Likums)
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 that 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
Sources
- https://web.archive.org/web/20230209064553/https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2006:105:0054:0063:EN:PDF
- https://web.archive.org/web/20231001091743/https://likumi.lv/ta/id/334345-elektronisko-sakaru-likums
- https://web.archive.org/web/20240127133912/https://www.uke.gov.pl/gfx/uke/userfiles/m-pietrzykowski/telecommunications_act_en.pdf
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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 |
Indicator 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 |
Indicator 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 |
Indicator 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 December 2000, last amended in March 2017
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator 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) |
Indicator 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) |
Indicator 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) |
Indicator 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...
