Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
22 April 2004 [shall come
into force on 1 May 2004];
27 September 2007 [shall come into force on 5 October
2007];
13 December 2007 [shall come into force on 1 January
2008];
14 November 2008 [shall come into force on 1 January
2009];
17 March 2011 [shall come into force on 13 April
2011];
18 October 2012 [shall come into force on 26 October
2012];
13 February 2014 [shall come into force on 20 March
2014];
11 September 2014 [shall come into force on 8 October
2014];
16 June 2016 [shall come into force on 15 July
2016];
17 November 2016 [shall come into force on 13 December
2016].
If a whole or part of a section has been amended, the
date of the amending law appears in square brackets at
the end of the section. If a whole section, paragraph or
clause has been deleted, the date of the deletion appears
in square brackets beside the deleted section, paragraph
or clause.
|
The Saeima1 has adopted and
the President has proclaimed the following Law:
Advertising
Law
Chapter I
General Provisions
Section 1.
Advertising is any form or any mode of announcement or
endeavour associated with economic or professional activity,
intended to promote the popularity of or demand for goods or
services (including immovable property, rights and
obligations).
[22 April 2004]
Section 2.
The purpose of this Law is:
1) to regulate the production and dissemination of
advertising, as well as determine the rights, obligations and
liabilities of persons involved in the production and
dissemination of advertising;
2) to protect the interests of persons as well as the general
public in the field of advertising;
21) to protect the persons who are engaged in
economic or professional activity from misleading advertising and
advertising not conforming to laws and regulations and the
consequences caused thereby, as well as to lay down conditions
upon conformity with which comparative advertising is
allowed;
3) to promote fair competition.
[13 February 2014]
Section 2.1
(1) This Law shall be applied if the Unfair Commercial
Practice Prohibition Law is not applicable to the relevant
case.
(2) Sections 8 and 9 of this Law shall be applied, if
advertising is addressed only to persons who are engaged in
economic or professional activity.
[13 February 2014]
Chapter
II
General Requirements for Advertising
Section 3.
(1) Advertising shall be lawful, truthful and objective and it
shall be created in accordance with fair advertising practices.
Advertising shall not reduce public confidence in advertising and
it shall comply with the principles of fair competition.
(2) Only such announcements or visual representations as do
not breach generally accepted ethical, humanitarian, morality,
decency and propriety norms, shall be permitted to be included in
advertising.
Section 4.
(1) Violence and war propaganda shall not be permitted in
advertising.
(2) In advertising, it is prohibited:
1) to express discrimination against a person due to his or
her race, skin colour, gender, age, religious, political or other
convictions, national or social origin, financial status or other
circumstances;
2) to exploit the effect created by fear or superstition;
3) to exploit the trust of a person and his or her lack of
experience or knowledge;
4) to depict, use or in any other way mention either a natural
person (as a private person or as an official) or his or her
property without the consent of this person;
5) to defame, disparage or ridicule another person, or the
activities, name (firm name), goods or services, or trade marks
of another person;
6) to exploit the name, surname, name (firm name) or other
identifying designation (including a trade mark) of another
person without the consent of the person;
7) to imitate the advertising text, slogan, visual
representation, audio or other special effects of another
advertiser without the consent of the advertiser or to carry out
any other forms of activities which may create confusion or
mislead in regard to the advertiser and the advertised goods or
services.
(3) The provisions of Paragraph two, Clauses 6 and 7 of this
Section are not applicable to comparative advertising if the
provisions of Section 9 of this Law are conformed to.
[13 December 2007]
Section 5.
(1) Advertising directed to children or advertising which has
been created with the participation of children shall not
threaten the rights or interests of children and in its creation,
regard shall be had to the perception and psyche of children.
(2) Exploiting the natural credulity or lack of experience of
children in advertising is prohibited.
(3) Exploiting children in advertising of alcoholic beverages,
energy drinks, and tobacco products or other products or devices
for smoking or their refill containers, and also directing
advertising of alcoholic beverages, energy drinks, and tobacco
products or other products or devices for smoking or their refill
containers at children are prohibited.
(4) In advertising directed to children, it is prohibited:
1) to include assertions, or visual or audio information,
which could cause moral or physical harm to them or create
feelings of inferiority;
2) to include encouragement for or to encourage
aggressiveness, violence or sexual activities, to discredit the
authority of parents, family, guardians and teachers;
3) to draw attention to the fact that the acquisition of
specific goods or services creates physical, social or
psychological advantages over peers or that the lack of the
relevant good creates the opposite result;
4) to unmistakably indicate that the acquisition of the good
or service to be advertised is possible for any family,
irrespective of its budget;
5) [13 February 2014];
6) to portray children in dangerous situations.
(5) Not only the prohibitions and restrictions laid down in
this Law, but also in the Unfair Commercial Practice Prohibition
Law and other laws and regulations must be conformed to in
advertising directed to children.
[13 February 2014; 11 September 2014; 17 November
2016]
Section 6.
[13 February 2014]
Section 7.
(1) Supplementary requirements in the field of advertising may
be laid down in other laws.
(2) Supplementary requirements in relation to advertising
content, design or procedures for dissemination (including
procedures for dissemination of advertising in particular mass
media), for individual goods, groups of goods or services, shall
be determined by the Cabinet.
(21) A permit of the relevant local government or a
local government institution specified thereby shall be received
for placing advertising in public places and in places facing a
public place.
(22) The Cabinet shall determine the procedures by
which a permit for placing advertising in public places or in
places facing a public place shall be received.
(3) Local governments, in conformity with the provisions of
this Law and other laws and regulations in the field of
advertising, have the right to issue binding regulations in
regard to placing advertising in public places or in places
facing a public place, providing for restrictions for the size,
type, light and sound effects of the advertising according to the
environment and the architecture of buildings and structures, as
well as determining the places in which the dissemination of
advertising for individual goods, groups of goods or services is
prohibited.
[22 April 2004; 17 March 2011 / Paragraphs
2.1 and 2.2 as well as the new wording of
Paragraph three shall come into force on 1 January 2012.
See Transitional Provision]
Chapter
III
Misleading and Comparative Advertising
Section 8.
(1) Misleading advertising is prohibited.
(2) Misleading advertising is such advertising as in any
manner, including its manner of presentation, is directly or
indirectly misleading or may be misleading and due to its
misleading character, may affect the economic behaviour of a
person, or is harmful or may be harmful to a competitor.
(3) In determining whether advertising is misleading, all its
aspects shall be considered - individual component and overall
content and design and, particularly, any information that is
offered in the advertising regarding:
1) accessibility, properties, operation, content,
manufacturing or distribution method and date, purpose, usage,
quantity or the effect on the environment or human health of
goods or services, the geographical or commercial origins or the
results which are expected from the use of goods, or the results
of tests or inspections, or material features of goods or
services;
2) the price or method for calculating price and the
conditions under which goods are supplied or services are
provided;
3) the advertiser, including the identity and positive
qualities, qualifications, property rights or awards of the
advertiser.
Section 9.
(1) Comparative advertising is any advertising in which
comparison is used which directly or indirectly indicates a
competitor or goods or services offered by a competitor.
(2) The comparison shall be developed in accordance with
principles of fair competition, utilising facts that may be
proved.
(3) Comparative advertising, insofar as it pertains to a
comparison, shall be permitted if all of the following conditions
are conformed to:
1) it shall not be misleading in accordance with Section 8 of
this Law or other laws and regulations;
2) it compares goods or services that are intended for one and
the same needs or for one and the same purposes;
3) it objectively compares one or more material, related,
verifiable and characteristic features of the relevant good or
service, which may also include price;
4) it does not create confusion for market participants in
relation to the advertiser and a competitor, or in relation to
the advertiser and the trademark, name (firm name) or other
distinguishing marks, goods or services of a competitor;
5) it does not bring into disrepute the trademarks, trade
names, other distinguishing marks, goods, services or operations
of a competitor and does not defame them;
6) it does not unfairly use the name (firm name), trade mark,
trade name or other distinguishing marks of a competitor or the
reputation of the designation of origin of a competing good;
7) it does not display goods or services as an imitation or
copy of such good or services as there is a protected trade mark
for or a trade name;
8) in advertising goods with a designation of origin, the
comparative advertising pertains to goods with the same
designation of origin.
[13 December 2007]
Chapter
IV
Provisions for the Production and Dissemination of
Advertising
Section 10.
(1) Advertiser is a person who for the purposes of gaining
commercial or other benefit, produces and disseminates
advertising himself/herself, or on whose instructions and in
whose interests another person produces or disseminates
advertising.
(2) Advertiser shall be liable for the content of the
advertising.
(3) Advertiser is entitled to produce, order, disseminate or
provide for dissemination only such advertising as is not in
contradiction with this Law and other laws and regulations.
(4) The legal relations between an advertiser and the producer
or disseminator of advertising shall be determined by this Law,
other laws and regulations and contracts entered into.
Section 11.
(1) A producer of advertising is a person who, pursuant to the
order of an advertiser carries out the production, alteration or
adaptation of advertising.
(2) A producer of advertising, in producing advertising, is
entitled to express his/her creative ideas in any form, if the
advertising complies with the provisions of this Law and laws and
regulations, as well as the contract that has been entered into
by the producer of the advertising and the advertiser.
(3) Paragraph two of this Section shall also be conformed to
in cases where the producer of the advertising alters, translates
or otherwise adapts advertising for dissemination in Latvia, as
well as in cases where the advertising is produced, altered or
adapted by advertisers themselves.
[13 December 2007]
Section 12.
(1) Disseminator of advertising is a person who
himself/herself disseminates advertising or provides an
opportunity for advertisers to disseminate advertising.
(2) [13 December 2007]
(3) Disseminator of advertising has an obligation to separate
advertising from other forms of information.
(4) Disseminator of advertising is prohibited from
disseminating advertising regarding non-conformity of which with
the requirements of laws and regulations he or she is aware or
should be aware.
(5) It is prohibited for a disseminator of advertising to
accept advertising for dissemination from an advertiser or a
person authorised by him or her without requesting the following
information:
1) from a legal person - name (firm name), registration number
and legal address;
2) from a natural person - given name, surname and personal
identity code.
(6) Disseminator of advertising has a duty to provide
information regarding an advertiser to those institutions which,
in accordance with this Law or other laws and regulations, have
the right to request such information. If a disseminator of
advertising does not provide the requested information regarding
an advertiser, the disseminator of advertising shall be liable
for the content of the relevant advertising.
[22 April 2004; 13 December 2007; 13 February 2014]
Chapter V
Government Policies and Supervision in the Field of
Advertising
Section 13.
(1) Conformity with this Law shall be supervised within the
scope of their competence by the Consumer Rights Protection
Centre, the Competition Council, the National Electronic Mass
Media Council, in the field of medicinal product advertising -
the Health Inspectorate, and in the field of advertising of
veterinary medicinal products intended for the providers of
veterinary medicinal and veterinary pharmaceutical services - the
Food and Veterinary Service (hereinafter - the Supervisory
Institution).
(2) The Supervisory Institution, if necessary, is entitled to
request that the State administrative authorities which are
responsible for State control and supervision in relation to
specified goods or services, verify the conformity of specific
goods or services with the information referred to in
advertising.
[22 April 2004; 27 September 2007; 13 December 2007; 17
March 2011; 13 February 2014]
Section 14.
(1) The Supervisory Institution shall perform the supervision
of advertising in conformity with the supervision priorities
specified by the institution, as well as assessing the impact of
the potential violation:
1) upon its own initiative, including on the basis of a
submission from a person;
2) on the basis of the information provided by such
institution, the competence of which includes the supervision and
control of the relevant field;
3) on the basis of a submission submitted by an institution of
a European Union Member State, which has been included in the
list of such institutions of Member States published in the
Official Journal of the European Union, which are entitled to
render an adjudication in relation to a submission of the
competent authority regarding a violation of the consumer rights
committed in the European Union.
(2) [13 February 2014]
(3) If the Supervisory Institution in evaluating advertising
determines that the advertising does not conform to the
requirements of laws and regulations, it is entitled to carry out
the activities referred to in Section 15, Paragraph three of this
Law or to take at least one of the decisions referred to in
Section 15, Paragraph four of this Law.
(4) [13 December 2007]
(5) The Supervisory Institution shall not commence evaluation
of the conformity of advertising with the requirements of laws
and regulations or shall terminate evaluation, if a decision has
been taken to terminate the investigation or in respect of the
determined violation one of the following decisions has already
been taken:
1) one of the decisions referred to in Section 15, Paragraph
four of this Law;
2) one of the decisions referred to in Section 15, Paragraph
eight of the Unfair Commercial Practice Prohibition Law.
(6) The Supervisory Institution shall evaluate the conformity
of the relevant advertising with the Unfair Commercial Practice
Prohibition Law and, if necessary, send the materials of the
relevant case to the institution which supervises conformity with
the provisions of the Unfair Commercial Practice Prohibition
Law.
[22 April 2004; 13 December 2007; 18 October 2012; 13
February 2014]
Section 14.1
(1) The Competition Council shall supervise the conformity of
advertising with the requirements of laws and regulations, if the
violation in the field of advertising causes or may cause
significant harm to competition.
(2) In a submission addressed to the Competition Council,
documentarily justified information shall be indicated regarding
the facts proving that the violation has caused or may cause
significant harm to competition.
(3) In determining whether the violation causes or may cause
significant harm to competition, the Competition Council has the
rights provided for in Section 7, Paragraph three and Section 23,
Paragraph four, Clause 2 of the Competition Law.
(4) If the violation in the field of advertising causes or may
cause significant harm to competition, the Competition Council
shall examine and take any of the decisions referred to in
Section 15, Paragraphs three and four of this Law.
(5) If the Competition Council determines that violation has
not caused or cannot cause significant harm to competition, it
shall take a decision on non-initiation of the case or a decision
on termination of the investigation of the case.
[14 November 2008; 13 February 2014]
Section 15.
(1) In evaluating the conformity of advertising with the
requirements of laws and regulations, the Supervisory Institution
is entitled to request and receive any information, documents and
other evidence from an advertiser, producer of advertising,
disseminator of advertising and other natural and legal persons
necessary for clarification of the essence of the matter, as well
as oral explanations regarding the veracity, accuracy or
conformity with the requirements of laws and regulations of an
announcement (assertion) provided in advertising, as well as to
determine the time period for submitting the information,
documents and evidence and the type of provision of
information.
(11) The Supervisory Institution shall inform the
advertiser, producer of advertising or disseminator of
advertising referred to in Paragraph one of this Section
regarding the result of examination of the relevant matter.
(2) If the evidence requested in accordance with Paragraph one
of this Section is not submitted within the specified time period
or it is submitted incompletely, the Supervisory Institution is
entitled to view the announcement (assertion) offered in the
advertising as imprecise or inaccurate.
(3) The Supervisory Institution in evaluating the nature and
potential impact of the determined violation, as well as other
significant aspects is entitled:
1) to propose that the advertiser, producer of advertising or
disseminator of advertising ensures the conformity of the
advertising with the requirements of laws and regulations within
the time period stipulated by the Supervisory Institution;
2) to propose that the advertiser or disseminator of
advertising undertakes in writing to rectify the determined
violation within a time period stipulated by the Supervisory
Institution. A written undertaking may also include resolution to
cover the losses caused to consumers, to provide additional
information which is necessary in order to ensure the conformity
of advertising with laws and regulations, or to publish a recall
of advertising and to conform to the time periods laid down for
the carrying out of such activities;
3) to take a decision to terminate the matter by inviting the
advertiser or disseminator of advertising to ensure the
conformity of advertising with the requirements of laws and
regulations in its subsequent activities.
(31) The advertiser or disseminator of advertising
shall inform the Supervisory Institution regarding carrying out
of the relevant activity without delay, but not later than within
three working days after carrying out thereof or the end of the
time period laid down in the proposition referred to in Paragraph
three, Clause 1 of this Section, appending documents certifying
the carrying out. If the conformity of the advertising with the
requirements of laws and regulations is not ensured within the
time period laid down in accordance with Paragraph three, Clause
1 of this Section, the Supervisory Institution is entitled to
take one or more of the decisions referred to in Paragraph four
of this Section.
(32) The written undertaking referred to in
Paragraph three, Clause 2 of this Section is a document that is
signed upon proposal of the Supervisory Institution by the
advertiser or disseminator of advertising, undertaking to rectify
the determined violation within a specified time period. The
written undertaking may include a resolution of the advertiser or
disseminator of advertising:
1) not to perform specific activities;
2) to carry out certain activities, including to provide
additional information which is necessary in order to ensure the
conformity of advertising with the requirements of laws and
regulations, to publish a notification in mass media conforming
to the relevant advertising, in which the advertising is
recalled;
3) to reimburse the losses caused to consumers.
(33) Upon signing a written undertaking in which a
violation, as well as the type and time period for rectification
thereof is indicated, the advertiser or disseminator of
advertising shall recognise that he or she has committed the
determined violation. A written undertaking shall be deemed
received (enter into effect) from the time when the Supervisory
Institution confirms its acceptance, certifying to the advertiser
or disseminator of advertising in writing that the relevant
measures are sufficient for the rectification of the violation
and the impact caused thereby. The institutions shall notify that
a certification regarding written undertaking is accepted, in
accordance with the procedures laid down in the Law On
Notification. The time period for rectification of a violation
shall not exceed the time period which is necessary in order for
the advertiser or disseminator of advertising to be able to carry
out the measures provided for and to ensure conformity with the
interests of consumers, and it shall not exceed three months,
except cases when a longer time period is justified by the nature
of the measures provided for.
(34) If in accordance with Paragraph three, Clause
2 of this Section the advertiser or disseminator of advertising
undertakes to rectify the determined violation and the written
undertaking enters into effect, the Supervisory Institution shall
not take the decision referred to in Paragraph four of this
Section and shall terminate administrative record-keeping in the
part regarding a violation which the advertiser or disseminator
of advertising undertakes to rectify.
(35) The advertiser or disseminator of advertising
shall inform the Supervisory Institution regarding execution of a
written undertaking without delay, but not later than within
three working days after the end of the time period laid down in
Paragraph 3.3 of this Section, appending evidence
certifying execution. If the Supervisory Institution determines
that a written undertaking is not executed, the Supervisory
Institution is entitled to take one or several of the decisions
referred to in Paragraph four of this Section.
(4) If the advertising does not conform to the requirements of
laws and regulations, the Supervisory Institution is entitled to
take one or more decisions by which:
1) the advertiser is instructed to provide through advertising
or goods labelling, or in another manner, additional information
that is essential from the point of view of protection of persons
or the performer of economic activities, or the lawful rights of
the performer of professional activities;
2) particular elements (information, visual representations,
audio or other special effects) are requested to be deleted from
the advertising;
3) dissemination of the advertising is prohibited;
4) recall of the advertising is requested;
5) to impose a fine in accordance with the procedures laid
down in Section 20 of this Law;
6) the advertiser or disseminator of the advertising is
instructed to terminate the violation and determine a time period
for the termination of the violation.
(41) The Supervisory Institution is entitled to
determine the time period for execution of the decisions referred
to in Paragraph four, Clauses 1, 2, 3, 4 and 6 of this Section.
The addressee of the decision shall inform the Supervisory
Institution regarding execution of the decision without delay,
but not later than within three working days after the end of the
time period for carrying out of the relevant activity of
rectification of the violation, appending evidence certifying
execution.
(5) The decisions referred to in Paragraph four of this
Section the Supervisory Institution is entitled to take also if
there is no evidence regarding losses incurred.
(6) In its decision, the Supervisory Institution shall set out
the grounds for taking such.
(7) In taking a decision, the Supervisory Institution shall
have regard to the lawful interests of the advertiser and other
persons involved.
(8) The decision referred to in Paragraph four, Clause 3 of
this Section may be taken by the Supervisory Institution also if
advertising that does not conform to the requirements of laws and
regulations has not yet been disseminated, but its dissemination
is anticipated.
(9) In order to prevent the distribution of advertising not
conforming to the requirements of laws and regulations or to
reduce the consequences thereof, the Supervisory Institution is
entitled to place the undertaking referred to in Paragraph three,
Clause 2 of this Section in its home page or place the decision
taken partially or fully in its home page and publish it in the
official gazette Latvijas Vēstnesis [the official Gazette
of the Government of Latvia] (the expenses related to publication
in the official gazette Latvijas Vēstnesis shall be
covered by the relevant advertiser or disseminator of
advertising).
(10) The Supervisory Institution shall take the decision
referred to in Paragraph four of this Section within six months
from the day of initiation of the matter. If it is not possible
to conform to this time period due to objective reasons, the
Supervisory Institution may extend it for a time period not
exceeding two years, counting from the day of initiation of the
matter.
(11) The Supervisory Institution shall examine matters
regarding violations in the field of advertising in accordance
with the procedures laid down in the Administrative Procedure
Law, insofar as it has not been laid down otherwise in this
Law.
[22 April 2004; 13 December 2007; 13 February 2014 /
The new wording of Paragraph four, Clause 5 and Paragraph
eleven shall come into force on 1 July 2015. See Paragraph
2 of Transitional Provisions]
Section 16.
(1) Recall of advertising shall be disseminated by means of
the same mass media as that through which the advertising not
conforming to the requirements of laws and regulations was
disseminated. If this is not possible, the recall of advertising
may be disseminated by another method.
(2) In the decision referred to in Section 15, Paragraph four,
Clause 4 of this Law the Supervisory Institution is entitled to
determine the content and extent of recall of advertising, as
well as the type in which the recall should be distributed. The
expenses of recall of advertising shall be covered by the
addressee of the decision.
[22 April 2004; 13 December 2007; 13 February 2014]
Section 17.
(1) A decision of the Supervisory Institution may be appealed
by the addressee of the decision to the Administrative District
Court in accordance with the procedures laid down in laws and
regulations. Appeal of the decision shall not suspend its
operation, except the decision referred to in Section 15,
Paragraph four, Clause 5 of this Law.
(2) The court may also be determine the violations of Section
3, Paragraph one, Section 4, Paragraph two, Clauses 4, 5, 6 and
7, Sections 8 and 9 of this Law concurrently with the Supervisory
Institution.
(3) In examining the disputes referred to in Paragraph two of
this Section, the court has the rights of the Supervisory
Institution, which are provided for in Section 15, Paragraphs one
and two, Paragraph four, Clauses 1, 2, 3, 4 and 6, Paragraphs
five and eight of this Law.
[13 December 2007; 14 November 2008; 13 February 2014 /
The new wording of Paragraph one shall come into force on 1
July 2015. See Paragraph 2 of Transitional
Provisions]
Section 17.1
(1) If the Supervisory Institution has a basis to consider
that the advertising does not conform to the requirements of laws
and regulations and may cause immediate and significant harm, it
is entitled to take the decisions referred to in Section 15,
Paragraph four, Clause 1, 2 or 3 of this Law as a temporary
measure.
(2) The decision on the temporary measure shall be in effect
from the moment of its announcement up to the moment when the
relevant decision is revoked or amended by a Supervisory
Institution decision or the final decision of the Supervisory
Institution comes into effect.
(3) The decision of the Supervisory Institution on the
temporary regulation may be appealed by the addressee of the
decision within 10 days after its entering into effect. The
appeal of a decision shall not suspend the operation of the
decision.
(4) The application regarding the decision of the Supervisory
Institution on the temporary measure shall be examined by the
court according to written procedure within 14 days.
(5) The decision by a court regarding the decision referred to
in Paragraph four of this Section may not be appealed and shall
enter into effect at the moment of taking thereof.
[13 December 2007; 13 February 2014]
Chapter
VI
Liability for Violations of the Law
Section 18.
Persons who have not conformed to the requirements of this Law
shall be held liable in accordance with laws and other regulatory
enactments.
Section 18.1
A person who has been caused harm by advertising is entitled
to bring a claim to a court in accordance with the procedures
laid down in law.
[13 February 2014]
Section 19.
[22 April 2004]
Section 20.
(1) The Supervisory Institution is entitled to impose a fine
in the amount up to EUR 14 000 for provision or dissemination of
advertising not conforming to the requirements of laws and
regulations.
(2) The Supervisory Institution is entitled to impose a fine
in the amount up to EUR 1400 for non-conformity with the
requirements referred to in Section 12, Paragraphs three and five
of this Law.
(3) Upon taking a decision to impose a fine and its amount,
the Supervisory Institution shall evaluate whether the relevant
conditions exist, as well as take into account the following
circumstances:
1) the nature and duration of the violation committed, the
impact caused by the violation, the circumstances in which the
violation was committed, the role of the offender in the
violation and the extent of the violation;
2) the addressee of the decision has reimbursed or has
commenced reimbursement of the losses caused until the day when
the decision was taken;
3) the violation has been discontinued upon initiative of the
advertiser or disseminator of advertising;
4) the addressee of the decision has committed a violation in
the field of advertising repeatedly within two years (it has been
determined by a decision of the Supervisory Institution or
written undertaking);
5) the addressee of the decision has not carried out
activities determined in the written undertaking;
6) the addressee of the decision has delayed the hearing of
the matter or hides the violation committed.
(4) The addressee of the decision shall pay the fine imposed
by the Supervisory Institution not later than within a month from
the day when the relevant decision entered into effect.
Compulsory execution of a decision not executed voluntarily shall
be carried out by a bailiff. The Supervisory Institution is
exempted from payment of the State fee for submitting a decision
for execution.
(5) If decisions which have been taken in accordance with
Section 15, Paragraph four, Clause 1, 2, 3, 4 or 6 of this Law
are not executed voluntarily, the Supervisory Institution shall
carry out compulsory execution of the decision in accordance with
the Administrative Procedure Law. Upon carrying out compulsory
execution directed towards prohibition of specific activities or
operation, the Supervisory Institution may impose pecuniary
penalty in the amount of not more than EUR 2800 at a time.
(6) Upon determining the amount of the pecuniary penalty laid
down in Paragraph five of this Section, the impact (losses) and
duration of non-execution of the decisions referred to in Section
15, Paragraph four, Clauses 1, 2, 3, 4 and 6 of this Law, as well
as other circumstances of significance in the matter shall be
taken into account.
(7) The paid sums of money shall be transferred into the State
basic budget.
[13 February 2014 / Section shall come into force on
1 July 2015. See Paragraph 2 of Transitional
Provisions]
Transitional
Provisions
[17 March 2011; 13 February
2014]
1. Section 7, Paragraphs 2.1 and 2.2, as
well as the new wording of Section 7, Paragraph three of this Law
shall come into force on 1 January 2012.
[13 February 2014]
2. The new wording of Section 15, Paragraph four, Clause 5 and
Section 17, Paragraph one of this Law, as well as Section 15,
Paragraph eleven and Section 20 (on the right of the Supervisory
Institution to impose a fine in case of provision or
dissemination of advertising not corresponding to the
requirements of laws and regulations and for hearing of the
relevant violation matter in accordance with the procedures laid
down in the Administrative Procedure Law) shall come into force
concurrently with the relevant amendments to the Latvian
Administrative Violations Code.
[13 February 2014 / The abovementioned amendments shall be
included in the wording of the Law on 1 July 2015]
3. [16 June 2016]
Informative
Reference to European Union Directive
[18 October 2012; 13 February
2014]
This Law contains legal norms arising from:
1) Directive 2005/29/EC of the European Parliament and of the
Council of 11 May 2005 concerning unfair business-to-consumer
commercial practices in the internal market and amending Council
Directive 84/450/EEC, Directives 97/7/EC, 98/27/EC and 2002/65/EC
of the European Parliament and of the Council and Regulation (EC)
No 2006/2004 of the European Parliament and of the Council
('Unfair Commercial Practices Directive');
2) Directive 2006/114/EC of the European Parliament and of the
Council of 12 December 2006 concerning misleading and comparative
advertising;
3) Directive 2009/22/EC of the European Parliament and of the
Council of 23 April 2009 on injunctions for the protection of
consumer's interests;
4) Directive 2009/2Directive 2009/22/EC of the European
Parliament and of the Council of 23 April 2009 on injunctions for
the protection of consumers' interests.
This Law has been adopted by the Saeima on 20 December
1999.
President V. Vīķe-Freiberga
Rīga, 10 January 2000
1 The Parliament of the Republic of
Latvia
Translation © 2021 Valsts valodas centrs (State
Language Centre)