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Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
10 November 2005 [shall
come into force on 14 December 2005];
12 June 2009 [shall come into force on 1 July
2009];
19 May 2011 [shall come into force on 8 June 2011];
23 November 2020 [shall come into force on 1 January
2021].
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.
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The Saeima1 has adopted and
the President has proclaimed the following law:
Law on Information Society
Services
Chapter I.
General Provisions
Section 1. Terms Used in the Law
(1) The following terms are used in the Law:
1) electronic mail - a type of services which ensures
the possibility for computer users connected to an electronic
communications network to send and receive a notification;
2) information society service - a distance service
(parties do not meet simultaneously) which is usually a paid
service provided using electronic means (electronic information
processing and storage equipment, including digital compression
equipment) and upon individual request of a service recipient.
Information society services shall include the electronic trade
of goods and services, sending commercial communications,
offering possibilities for searching for information, access to
it, and obtaining the information, services that ensure the
transmission of information in an electronic communications
network or access to an electronic communications network, and
storage of information, and also online intermediation platform
services;
3) commercial communication - any form of communication
in electronic form designed to advertise, indirectly or directly,
the goods or services or to advertise the image of a company,
organisation or person pursuing a commercial, industrial or craft
activity or a regulated profession. Information allowing direct
access to general information about the service provider and the
activities thereof (domain name or electronic mail address) shall
not be regarded as a commercial communication;
4) co-ordinated field - area in which the procedures
for the provision of information society services (requirements
for the commencement and performance of commercial activities),
and also the requirements in relation to the information society
services specified in laws and regulation are in effect. The
co-ordinated field does not include requirements in relation to
goods and the delivery thereof;
5) intermediary service provider - a provider of the
information society service which ensures the transmission of
information in an electronic communications network, access to an
electronic communications network or the storage of
information.
(2) Terms used in the Law:
1) "subscriber", "user" and "terminal equipment" shall comply
with the terms used in the Electronic Communications Law;
2) "association" and "foundation" shall comply with the terms
"organisation" and "association" used in Regulation (EU)
2019/1150 of the European Parliament and of the Council of 20
June 2019 on promoting fairness and transparency for business
users of online intermediation services (hereinafter - Regulation
No 2019/1150);
3) "business user" shall comply with the term used in
Regulation No 2019/1150;
4) "corporate website user" shall comply with the term
"corporate website user" used in Regulation No 2019/1150;
5) "provider of online intermediation platform services" shall
comply with the term "provider of online intermediation services"
used in Regulation No 2019/1150.
[10 November 2005; 19 May 2011; 23 November 2020]
Section 2. Purpose and Scope of
Application of the Law
(1) The purpose of this Law is to ensure the free circulation
of information society services in European Economic Area
countries (hereinafter also - the country) and transparency of
the terms and conditions of a contractual relationship offered by
the providers of online intermediation platform services.
(2) This Law shall refer to the provision of information
society services, except for the areas regulated by laws and
regulations regarding:
1) lotteries and gambling in which a monetary prize is
provided;
2) the protection of personal data.
[23 November 2020]
Section 3. Freedom to Provide
Information Society Services
A service provider which is registered in any of the European
Economic Area countries and complies with the requirements of the
legal acts of the co-ordinated field of the relevant country is
entitled to exercise the freedom to provide information society
services in the co-ordinated field in Latvia.
Chapter II.
Provision and Storage of Information
[19 May 2011]
Section 4. Information to be
Provided Generally
(1) A service provider shall provide the following information
in a clear, direct, and permanently accessible manner:
1) the firm name (name) or given name and surname, legal
address or declared place of residence and registration number
(if there is such) of the service provider;
2) the contact information of the service provider, including
electronic mail address, which ensures the possibility to
communicate quickly and in a direct manner;
3) if a special permit (licence) is necessary for performing
the relevant activity, information on the institution which has
issued the special permit (licence);
4) in relation to a regulated profession the information on
the professional organisation which has issued the documents
confirming the professional qualification, the name corresponding
to the profession or qualification, and the country in which it
has been granted, and also a reference to the professional
regulations applicable in the registration country and the way in
which they may be accessed;
5) if the relevant activity is taxable with value added tax,
the registration number with the State Revenue Service Value
Added Tax Taxable Persons Register.
(2) If a price is indicated, the service provider shall
indicate it so that the price is unambiguous and clearly legible
and shall provide information on whether or not the taxes to be
paid and product delivery costs are included in the price.
[19 May 2011]
Section 5. Information to Be
Provided Prior to the Placing of an Order
(1) The service provider shall have the obligation to ensure
that at least the following information is available to a service
recipient before the placing of an order:
1) the procedures which must be complied with in order to
place an order;
2) the conditions for the storage of the signed agreement
(whether the signed agreement is stored) and the availability
thereof to the service recipient;
3) the technical means for the detection and correction of
input errors prior to the placing of an order;
4) languages offered for entering into the agreement.
(2) If the service recipient is not a consumer, the parties
may agree upon other procedures for the provision and receipt of
information which differ from the procedures provided for in
Paragraph one of this Section.
(3) The provisions of Paragraph one of this Section shall not
refer to the orders which are placed via electronic mail or any
other electronic communications means.
Section 6. Placing an Order
(1) If the service recipient places an order, the service
provider shall acknowledge the acceptance thereof by electronic
communications means.
(11) An order and the acknowledgment of the
acceptance thereof shall be deemed to be received when the
parties to whom they are addressed are able to access them.
(2) The obligation of the service provider is to ensure the
service recipient with the possibility to detect and correct
information input errors prior to the placing of an order.
(3) The requirements specified in Paragraph two of this
Section need not be applied if the service recipient is not a
consumer.
(4) The provisions of Paragraphs one and two of this Section
shall not apply to the orders placed via electronic mail or
equivalent individual means of communication.
[19 May 2011]
Section 7. Information on the
Provisions of an Agreement and the Codes of Conduct
(1) The service provider has the obligation to ensure that
service recipients may become acquainted with the provisions of
an agreement as well as save them.
(2) The service provider has the obligation to provide
information on the codes of good service providing practice or
any other voluntary codes of behaviour or ethics which they
comply with and the information on how to become acquainted with
these codes in electronic form.
(3) The requirements specified in Paragraph two of this
Section need not be applied if the service recipient is not a
consumer.
Section 7.1 Storage of
Information in Terminal Equipment
(1) Storage of information in a terminal equipment of a
subscriber or user or acquisition of access to the information
stored in a terminal equipment shall be permitted if the relevant
subscriber or user has provided his or her consent after he or
she has received clear and comprehensive information on the
purpose of the abovementioned processing in accordance with the
Personal Data Protection Law.
(2) The consent referred to in Paragraph one of this Section
shall not be necessary if storage of the information in a
terminal equipment or acquisition of access to the information
stored in a terminal equipment is necessary for ensuring
circulation of the information in the electronic communications
network or for the intermediary service provider in order to
provide a service requested by a subscriber or user.
[19 May 2011]
Chapter III.
Commercial Communications
Section 8. Information on Commercial
Communications
(1) A commercial communication shall comply with the general
requirements of the Advertising Law as well as the following
requirements:
1) it is clearly recognisable as a commercial
communication;
2) the person on behalf of whom this commercial communication
is distributed is clearly identifiable;
3) the content of the offer and the conditions for receiving
the service are precisely formulated;
4) discounts, bonuses, and prizes are clearly recognisable,
and the requirements for the receipt thereof are clearly set
out;
5) advertising competitions, lotteries or games are clearly
identifiable and the relevant terms of participation are easily
accessible as well as explicitly outlined;
6) the service recipient is given the possibility to refuse to
receive further commercial communications.
(2) If a person exercising a regulated profession provides a
commercial communication with regard to an information society
service, this person has the obligation to comply with the
professional regulations, especially with regard to independence,
respect and professional honour, professional secrets and
fairness towards clients and other representatives of the
profession.
Section 9. Prohibition to Send a
Commercial Communication
(1) It is prohibited to use automated calling systems
(terminal equipment) without human intervention (automatic
calling machines), electronic mail or facsimile machines (fax)
for sending a commercial communication by using which an
individual contact is possible with a service recipient if the
service recipient has not given prior free and distinct
consent.
(2) The service provider who, within a framework of his or her
commercial transactions, has acquired electronic mail addresses
from service recipients may use them for other commercial
communications provided that:
1) commercial communications are sent regarding similar
products or services of the service provider;
2) a service recipient has not objected initially regarding
further use of the electronic mail address;
3) a service recipient is distinctly given free of charge
opportunity to refuse from further use of electronic mail address
on the occasion of each further receipt of a commercial
communication (by submitting a submission or sending a
notification electronically).
(3) Communication of other type by using publicly available
electronic communications services for sending a commercial
communication may occur if the service recipient has given prior
free and distinct consent, except for the cases referred to in
Paragraphs one and two of this Section.
(4) It is prohibited to use electronic mail or communication
of other type by using publicly available electronic
communications services for sending a commercial communication if
an invalid electronic mail address, invalid phone or fax number
is used to which the service recipient might send a request to
cease such communication or if the refusal of the service
recipient from further receipt of commercial communications is
not taken into account.
(5) Sending of each prohibited commercial communication is a
separate breach.
(6) The prohibitions and restrictions specified in Paragraphs
one, two, and three of this Section shall apply to the sending of
commercial communications to natural persons.
[10 November 2005; 12 June 2009]
Chapter IV.
Liability and Obligations of an Intermediary Service
Provider
Section 10. Liability of an
Intermediary Service Provider
(1) An intermediary service provider shall be liable for the
transmission and storage of information in an electronic
communications network.
(2) An intermediary service provider who performs transmission
of information in an electronic communications network or ensures
access to such network shall not be liable for the information to
be transmitted if he or she complies with the following
conditions:
1) does not propose the transmission of information;
2) does not select the recipient of the information to be
transmitted;
3) does not select or modify the information to be
transmitted.
(3) The transmission of information referred to in Paragraph
two of this Section shall also include the storage of the
information to be transmitted if storage is necessary only for
the transmission of information and the information is not stored
for a time period which exceeds the time period necessary for the
transmission thereof.
(4) An intermediary service provider who performs transmission
of information in an electronic communications network shall not
be liable for the automatic, intermediary or temporary storage of
information if such storage is necessary in order to transmit the
relevant information more effectively onward to other service
recipients at the request thereof and if the intermediary service
provider:
1) does not modify information;
2) complies with the conditions for access to the
information;
3) complies with rules of fair practice of the industry in
relation to the updating of the information;
4) in compliance with the rules of fair practice of the
industry does not interfere with the lawful use of technology to
obtain data on the use of the information;
5) immediately acts to remove or to disable access to the
information it has stored upon obtaining actual knowledge of the
fact that the information at the initial source of the
transmission has been removed from the electronic communications
network, or access to it has been disabled, or that a supervisory
body has ordered such removal or disablement.
(5) An intermediary service provider who performs storage of
the information of a service recipient shall not be liable for
the stored information if it has been stored at the request of a
service recipient and if one of the following conditions
exist:
1) an intermediary service provider does not have actual
knowledge of the illegal activity or information of a service
recipient;
2) an intermediary service provider has immediately performed
activities in order to liquidate or deny access to the stored
information as soon as the knowledge of the illegal activity or
information of a service recipient was obtained.
[10 November 2005]
Section 11. Obligations of an
Intermediary Service Provider
(1) An intermediary service provider has the obligation:
1) to immediately inform supervisory bodies of possible
violations of the law in the activities of a service recipient or
information stored by him or her;
2) upon request of a supervisory body, to provide data on the
service recipients for which the storage of the information is
provided by the intermediary service provider.
(2) An intermediary service provider does not have an
obligation to supervise the information which the provider
transmits or stores as well as to actively search for the facts
and conditions which indicate possible violations of the law.
[10 November 2005]
Chapter IV.1
Register of the Representation of the Interests of Business Users
or Corporate Website Users
[23 November 2020]
Section 11.1 Rights and
Obligations of Associations and Foundations
(1) In order to represent a business user or corporate website
user in legal proceedings, an association or foundation has the
right to submit to the Ministry of Economics a submission
containing the confirmation on the conformity with the
requirements of Article 14(3) of Regulation No 2019/1150.
(2) If changes have been made to the activities of an
association or foundation due to which the association or
foundation does not comply or might not comply with the
requirements of Article 14(3) of Regulation No 2019/1150, or if
the association or foundation wishes to withdraw its submission
to represent a business user or corporate website user in legal
proceedings, the foundation or association has the obligation to
immediately inform the Ministry of Economics thereof.
(3) An association or foundation shall submit electronically
to the Ministry of Economics the documents referred to in
Paragraphs one and two of this Section which have been signed in
accordance with the procedures laid down in laws and regulations
regarding electronic documents by using the official electronic
address, electronic mail address of the institution or the State
administration service portal www.latvija.lv.
[23 November 2020]
Section 11.2 Obligations
of the Ministry of Economics
(1) The Ministry of Economics shall examine the submission
referred to in Section 11.1, Paragraph one of this Law
and, if an association or foundation complies with the
requirements of Article 14(3) of Regulation No 2019/1150, the
data on the association or foundation shall be entered in the
Register of the Representation of the Interests of Business Users
or Corporate Website Users (hereinafter - the Register).
(2) The Ministry of Economics shall establish and maintain the
Register. The data on associations or foundations which may
represent the interests of business users or corporate website
users shall be entered in the Register. The Ministry of Economics
shall provide the information laid down in Article 14(5) of
Regulation No 2019/1150 on the associations and foundations
present in the Register to the European Commission.
[23 November 2020]
Chapter V.
Supervision of the Circulation of Information Society
Services
Section 12. Supervisory Bodies
(1) The Consumer Rights Protection Centre, State Data
Inspectorate as well as other supervisory and control bodies
shall supervise the circulation of information society services
within the competence thereof.
(2) Supervisory bodies shall provide service providers and
service recipients with information on the procedures for the
examination of complaints and other information.
[10 November 2005]
Section 13. Rights and Obligations
of Supervisory Bodies
(1) If a supervisory body detects violations of this Law, it
is entitled to:
1) request all the information necessary for the clarification
of the substance of a case;
2) order the service provider to stop the violation of the Law
or to perform particular activities for the elimination thereof,
and also to specify the time period for the performance of these
activities.
(2) The supervisory body is entitled to perform the activities
specified in Paragraph one of this Section which restrict the
provision of such an information society service which creates or
may create serious risk, provided that these activities are
proportional to the protection of the relevant interests and are
necessary for:
1) the interests of the public, especially for the prevention
and investigation of criminal offences and the initiation of a
case, including for the protection of minors in order to prevent
the discrimination of a person based on his or her race, sex,
religious convictions or ethnic origin, and also violations
injuring the dignity and honour of a person;
2) public safety, including national security and defence;
3) public health protection;
4) consumer protection.
(3) Prior to performing the activities referred to in
Paragraph two of this Section, a supervisory body shall inform
the State supervisory body in which the relevant service provider
is registered and request that it take actions in order to stop
the violation referred to in Paragraph two of this Section. The
supervisory bodies of Latvia shall inform the European Commission
and the relevant state of the activities they are planning to
perform if these states do not perform activities for the
elimination of the violation or the activities performed thereby
are not sufficient.
(4) In urgent cases when there is a justified reason to deem
that public safety, health or consumer interests will be
endangered, a supervisory body may perform the activities
referred to in Paragraph two of this Section prior to informing
the European Commission and the relevant state. In such case, the
supervisory body shall immediately inform the European Commission
and the relevant state of the activities performed and justify
the urgency of these activities.
(5) The Cabinet shall determine the responsible body which
co-ordinates the circulation of the information referred to in
Paragraphs three and four of this Section between the supervisory
bodies of Latvia, the supervisory bodies of the European Economic
Area countries and the European Commission.
(6) A supervisory body has the obligation to perform an
inspection regarding compliance with Section 9 of this Law if one
service recipient has received at least 10 commercial
communications from one service provider during one year and if
the service recipient has submitted a complaint to a supervisory
body thereon.
[10 November 2005; 12 June 2009]
Chapter VI.
Supervision of the Providers of Online Intermediation Platform
Services
[23 November 2020]
Section 14. Supervisory Body of the
Providers of Online Intermediation Platform Services
(1) Providers of online intermediation platform services shall
be supervised by the Consumer Rights Protection Centre in
conformity with the competence thereof.
(2) The Consumer Rights Protection Centre shall carry out the
supervision of the fulfilment of the transparency provisions of
online intermediation platform services by evaluating the
influence of the possible violation on commercial users or
corporate website users, and also shall ensure that the providers
of online intermediation platform services comply with the
requirements of Regulation No 2019/1150. The Consumer Rights
Protection Centre shall carry out the supervision:
1) upon its own initiative;
2) on the basis of the submission of a business user or
corporate website user or the collective submission of the
abovementioned users;
3) on the basis of the submission which has been submitted by
an association or foundation within the meaning of Article 14(6)
of Regulation No 2019/1150.
[23 November 2020]
Section 15. Rights and Obligations
of the Consumer Rights Protection Centre
(1) The Consumer Rights Protection Centre has the right to
take one or several decisions referred to in this Paragraph:
1) to request and receive from providers of online
intermediation platform services, business users or corporate
website users all the information necessary for the supervision
thereof and other proof, and also verbal explanations on the
compliance of the activities of providers of online
intermediation platform services with the requirements of
Regulation No 2019/1150 and determine the time period for the
provision of the abovementioned information and proof and the
type of provision of the information;
2) to impose an obligation on providers of online
intermediation platform services to prevent the violation of
Regulation No 2019/1150, and also to determine the time period
for the performance of the relevant activities;
3) in accordance with Section 16 of this Law, to impose a fine
if the Consumer Rights Protection Centre has recognised the
activities of providers of online intermediation platform
services to be non-complying with the requirements of Regulation
No 2019/1150.
(2) The Consumer Rights Protection Centre shall take the
decision on the violation of Regulation No 2019/1150 within six
months from the day of initiation of the case. If it is not
possible to comply with this time period due to objective
reasons, the Consumer Rights Protection Centre may extend it for
a time period which does not exceed two years by counting from
the day of initiation of the case.
[23 November 2020]
Section 16. Imposition of a Fine and
Provisions for the Forced Execution
(1) The Consumer Rights Protection Centre is entitled to
impose a fine of up to EUR 14 000 on a provider of online
intermediation platform services for the violation of Regulation
No 2019/1150.
(2) When taking the decision on the imposition of a fine and
the amount thereof, the Consumer Rights Protection Centre shall
evaluate and take into account the following circumstances:
1) the nature and duration of the violation admitted, impact
caused by the violation (losses for a business user or corporate
website user), circumstances of the commitment of the violation,
the role of the violator in the violation, and the scope of the
violation;
2) whether the provider of online intermediation platform
service has compensated or started to compensate the losses
caused to a business user or corporate website user until the day
of taking the decision;
3) whether the violation is interrupted upon initiative of the
provider of online intermediation platform services;
4) whether the provider of online intermediation platform
services has committed a repeated violation of Regulation No
2019/1150 within the last two years and whether it has been
established by the decision of the Consumer Rights Protection
Centre;
5) whether the provider of online intermediation platform
services has delayed examination of the case or concealed the
violation committed.
(3) The provider of online intermediation platform services
shall pay the fine imposed by the Consumer Rights Protection
Centre within a month from the day when the decision on the
impositions thereof has come into force.
(4) If the decisions which are taken in accordance with
Section 15, Paragraph one, Clause 2 of this Law have not been
enforced voluntarily, the Consumer Rights Protection Centre may,
when performing mandatory enforcement of the decision addressed
towards a certain activity, impose a pecuniary penalty, but not
more than EUR 2800 at one time.
(5) When determining the amount of a pecuniary penalty
referred to in Paragraph four of this Section, the Consumer
Rights Protection Centre shall take into account the impact of
the non-performance of the decisions referred to in Section 15,
Paragraph one, Clause 2 of this Law (losses for a business user
or corporate website user) and the duration thereof, and also
other circumstances which are relevant to the case.
(6) The paid fine or pecuniary penalty shall be transferred to
the State basic budget.
[23 November 2020]
Section 17. Appealing the Decision
of the Consumer Rights Protection Centre
The decision of the Consumer Rights Protection Centre may be
appealed to a court in accordance with the procedures laid down
in the Administrative Procedure Law. Appealing the decision of
the Consumer Rights Protection Centre shall not suspend the
operation thereof, except for the operation of the decision
referred to in Section 15, Paragraph one, Clause 3 of this
Law.
[23 November 2020]
Informative Reference to European
Union Directives
[10 November 2005; 19 May
2011]
The Law contains legal norms arising from:
1) Directive 2000/31/EC of the European Parliament and of the
Council of 8 June 2000 on certain legal aspects of information
society services, in particular electronic commerce, in the
Internal Market ('Directive on electronic commerce');
2) Directive 98/48/EC of the European Parliament and of the
Council of 20 July 1998 amending Directive 98/34/EC laying down a
procedure for the provision of information in the field of
technical standards and regulations;
3) Directive 2002/58/EC of the European Parliament and of the
Council of 12 July 2002 concerning the processing of personal
data and the protection of privacy in the electronic
communications sector (Directive on privacy and electronic
communications);
4) Directive 2009/136/EC of the European Parliament and of the
Council of 25 November 2009 amending Directive 2002/22/EC on
universal service and users' rights relating to electronic
communications networks and services, Directive 2002/58/EC
concerning the processing of personal data and the protection of
privacy in the electronic communications sector and Regulation
(EC) No 2006/2004 on cooperation between national authorities
responsible for the enforcement of consumer protection laws.
The Law has been adopted by the Saeima on 4 November
2004.
President V. Vīķe-Freiberga
Rīga, 17 November 2004
1 The Parliament of the Republic of
Latvia
Translation © 2022 Valsts valodas centrs (State
Language Centre)
