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].
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 this
Law
(1) The following terms are used in this Law:
1) electronic mail - type of services which ensures the
possibility for computer users connected to an electronic
communication 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 digit compression
equipment) and upon the individual request of a recipient of the
service. Information society services include the electronic
trade of goods and services, the sending of commercial
communications, the possibilities offered for searching for
information, access to this and the obtaining of information,
services that ensure the transmission of information in an
electronic communication network or access to an electronic
communication network, and storage of information;
3) commercial communication - any form of communication
in electronic form designed to promote, indirectly or directly,
the goods, services or image of a company, organisation or person
pursuing a commercial, industrial or craft activity or exercising
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
regarding the commencement and performing of commercial
activities), as well as the requirements regarding the
information society services specified in regulatory enactments
are in effect . The co-ordinated field does not include
requirements regarding goods and the delivery thereof; and
5) intermediary service provider - a provider of the
information society service, which ensures the transmission of
information in an electronic communication network, access to an
electronic communication network or the storage of
information.
(2) The terms used in this Law "subscriber", "user" and
"terminal equipment" shall comply with the terms used in the
Electronic Communications Law.
[10 November 2005; 19 May 2011]
Section 2. Purpose and Scope of the
Application of this Law
(1) The purpose of this Law is to ensure the free circulation
of information society services in European Economic Area Member
States (hereinafter also - states).
(2) This Law shall refer to the provision of information
society services, except for areas, which are regulated by
regulatory enactments regarding:
1) lotteries and gambling in which a monetary prize is
provided; and
2) the protection of personal data.
Section 3. Freedom to Provide
Information Society Services
A service provider registered in any of the European Economic
Area Member States and in conformity with the requirements of the
regulatory enactments of the co-ordinated field of the relevant
country is entitled to provide information society services in
the co-ordinated field in Latvia without restraint.
Chapter II
Provision and Storage of Information
[19 May
2011]
Section 4. Information to be
Provided Generally
[19 May 2011]
(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 of quickly
communicating in a direct manner;
3) if a special permit (licence) is necessary for commencing
the relevant activity - information regarding the institution,
which has issued the special permit (licence);
4) in relation to a regulated profession - information
regarding the professional organisation, which has issued the
documents confirming the professional qualification, the name
corresponding to the profession or qualification and the state in
which it has been granted, as well as a reference to the
professional regulations applicable in the registration state and
the way in which they may be accessed; and
5) if the relevant activity is taxable with value-added tax -
the registration number in the State Revenue Service Register of
Persons Taxable with the Value Added Tax.
(2) If a price is indicated, then a service provider shall
indicate it so that the price is unambiguous and clearly legible
and shall provide information regarding whether or not payable
taxes 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) A service provider shall be liable for ensuring that at
least the following information is available to a service
recipient before the placing of an order:
1) the procedures, which must be observed in order to place an
order;
2) the conditions regarding the storage of a signed agreement
(if the signed agreement is stored) and the availability thereof
to the service recipient;
3) the technical measures for the detection and correction of
input errors prior to the placing of an order; and
4) languages offered for entering into the agreement.
(2) If a service recipient is not a consumer, parties may
agree upon other procedures for the provision and receipt of
information, which differs from the procedures provided for in
Paragraph one of this Section.
(3) The provisions of Paragraph one of this Section shall not
refer to those orders, which are placed via electronic mail or
any other electronic communications means.
Section 6. Placing an Order
(1) If a 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 duty of a 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 do not need to be applied if the service recipient is not
a consumer.
(4) The provisions of Paragraph one and two of this Section
shall not apply to the orders placed exclusively by exchange of
electronic mail or equivalent individual means of
communication.
[19 May 2011]
Section 7. Information regarding the
Provisions of an Agreement and the Codes of Conduct
(1) A service provider has a duty to ensure that service
recipients may become acquainted with the provisions of an
agreement, as well as store them.
(2) A service provider has a duty to provide information
regarding codes of good service providing practice or any other
voluntary codes of behaviour or ethics which they observe and
information regarding how to become acquainted with these codes
in electronic form.
(3) The requirements specified in Paragraph two of this
Section do not need 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
regarding the purpose of the aforementioned processing in
accordance with 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 of
circulation of the information in the electronic communications
network or for 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 regarding
Commercial Communications
(1) A commercial communication shall be in conformity with the
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 definable;
3) the content of the offer and the conditions regarding the
receiving of the service are precisely formulated;
4) discounts, bonuses and prizes are clearly recognisable, and
the requirements for the receipt thereof are clearly set
forth;
5) advertising competitions, lotteries or games are clearly
definable and the relevant terms of participation are easily of
accessible, as well as clearly outlined; and
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 in regard to an information society
service, this person has a duty to observe professional
regulations, especially in regards to independence, respect and
professional honour, professional secrets and fairness towards
clients and representatives of other professions.
Section 9. Prohibition regarding the
Sending of 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 of a commercial communication using which an
individual contact is possible with a recipient of a service, if
the recipient of a service has not given prior free and distinct
consent.
(2) A service provider who within a framework of his or her
commercial transactions has acquired electronic mail addresses
from recipients of a service may use them for other commercial
communications provided that:
1) commercial communications are sent for similar products or
services of a service provider;
2) a recipient of a service has not objected initially
regarding further use of electronic mail address; and
3) a recipient of a service distinctly is 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 (submitting a submission or sending a notification
electronically).
(3) Communication of other type using publicly available
electronic communication services for sending of a commercial
communication may occur, if the recipient of a service has given
prior free and distinct consent except for the cases referred to
in Paragraph one and two of this Section.
(4) It is prohibited to use electronic mail or communication
of other type, using publicly available electronic communication
services, for sending of a commercial communication, if invalid
electronic mail address, invalid phone or fax number is used to
which the recipient of a service may send a request to cease such
communication or if refusal of the recipient of a service from
further receipt of commercial communications is not taken into
account.
(5) Sending of each prohibited commercial communication is a
separate breach.
(6) Prohibitions and restrictions specified in Paragraph one,
two and three of this Section shall apply to sending of
commercial communications to natural persons.
[10 November 2005; 12 June
2009]
Chapter IV.
Liability and Duties 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
communication network.
(2) An intermediary service provider who performs transmission
of information in an electronic communication network or ensures
access to such network shall not be liable for the transmissible
information if he or she observes the following conditions:
1) does not propose the transmission of information;
2) does not select the recipient of transmissible information;
and
3) does not select or modify the transmissible
information.
(3) The transmission of the information referred to in
Paragraph two of this Section shall also include the storage of
transmissible information if storage is necessary only for the
transmission of information and 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 communication 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 recipients
of a service at the request thereof and if the intermediary
service provider:
1) does not modify information;
2) complies with conditions on 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 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; and
5) acts expeditiously 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 communication
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 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 illegal activity or
information of a service recipient was obtained.
[10 November 2005]
Section 11. Duties of an
Intermediary Service Provider
(1) An intermediary service provider has a duty:
1) to inform supervisory bodies immediately regarding 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
regarding service recipients for which the storage of the
information is provided by the intermediary service provider.
(2) An intermediary service provider does not have a duty 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 V.
Supervision of the Circulation of Information Society
Services
Section 12. Supervisory Bodies
(1) The Consumer Rights Protection Centre shall supervise,
within the competence thereof, the circulation of information
society services, Data State Inspectorate, as well as other
supervisory and control bodies.
(2) Supervisory bodies shall provide service providers and
service recipients with information regarding the procedures for
the examination of complaints and other information.
[10 November 2005]
Section 13. Rights and Duties 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; and
2) order the service provider to stop the violation of the Law
or to perform particular activities for the elimination thereof,
as well as to specify the time period for the execution of these
activities.
(2) A 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 if 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
criminal offence proceedings, including the protection of minors
in order to prevent the discrimination of a person due to his or
her race, gender, religious convictions or ethnic origin, as well
as violations injuring the dignity and honour of a person;
2) public safety, including national security and defence;
3) public health protection; and
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 regarding 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 are 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 regarding 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 States and the European Commission.
(6) A supervisory body has a duty to perform inspection
regarding observance of Section 9 of this Law, if one recipient
of a service has received at least 10 commercial communications
from one provider of service during one year and if the recipient
of a service has submitted a complaint to a supervisory body
thereon.
[10 November 2005; 12 June
2009]
Informative Reference to European
Union Directives
This Law includes 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).
[10 November 2005]
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.
[19 May 2011]
This 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 © 2011 Valsts valodas centrs (State
Language Centre)
