Duty LXD-6511
Ships a mobile app, in Lithuania
Each law's tag says when it binds: since in force from , in 4 weeks not yet in force
Civilinis kodeksas (Civil Code), Articles 6.292 to 6.300, Liability for Damage Caused by Products or Services of Inadequate Quality (Directive 85/374/EEC)since 10 lines
Civilinis kodeksas, 6.292-6.300 straipsniai · Read the law's page
- The Civil Code rules reach a movable thing placed on the market as a product, and the text does not say whether software supplied on its own is such a thing, so treat standalone software as an open question under Art. 6.293(1) read with Arts. 4.1 and 1.97(1).
- These rules govern products placed on the market or put into use before ; Act No. XV-1080 replaces them from that day (Art. 3 of Act No. XV-1080).
- These rules apply only where the product or service is acquired for consumption and not for business purposes (Art. 6.292(5)).
- If you produce a finished product, a part of it or raw materials, supply services, or put your name, trade mark or another distinguishing sign on a product or service, you answer for damage a defect in it causes (Art. 6.292(1) and (2)).
- If you import a defective product into the European Economic Area in the course of your business in order to sell, hire out or otherwise distribute it, you answer as the producer (Art. 6.292(3)).
- If you sold a product whose producer cannot be identified, tell the injured person within a reasonable time who the producer is or who supplied the product to you, or you answer as the producer (Art. 6.292(4)).
- Make the product meet the safety requirements a consumer can reasonably expect, judged by its stated properties and advertising, its expected use, the time it was put into circulation and its design flaws (Art. 6.294(1)).
- If damage results from the acts of several persons, such as the producer of a defective product and the person who built it into another thing, you answer jointly with them (Art. 6.296).
- Be ready to prove an Art. 6.298 defense: that you did not put the product into circulation, that it probably was not defective then or deteriorated later, that you did not make it for business purposes, that the quality deteriorated because mandatory rules of public authorities were followed, that scientific and technical knowledge did not allow the defect to be discovered, or that the damage arose from the design of the product it was built into or the final producer's instructions (Art. 6.298(1)).
- A claim must be brought within three years of the day the injured person learned, or should have learned, of the damage, the defect and who the producer is, and the right to sue is extinguished ten years after you put the product into circulation (Art. 6.300).
Accessibility Act, services: duties of service providers, the very small enterprise exemption, market surveillance and finessince 28 lines
Nr. XIV-1633, 2 str. 4, 6–8 d., 3, 6, 7, 13–15, 20–28, 30 str. ir 1 priedas, Gaminių ir paslaugų prieinamumo reikalavimų įstatymas (paslaugos) · Read the law's page
- If you provide to consumers an electronic communications service (other than machine-to-machine transmission), an audiovisual media access service, the website, mobile-device, e-ticket, real-time travel information, information screen or self-service terminal elements of a passenger air, bus, waterborne or rail transport service, a consumer banking service, an e-book service with its software, or an e-commerce service, design and provide it to meet the accessibility requirements of Annex 1 (Art. 2(4), 7(1), 13(1)); the Act has applied since (Art. 30(1)).
- A very small enterprise that provides services is exempt from the accessibility requirements and from the duties tied to complying with them (Art. 7(1)); under Art. 3(10) and Article 3(3) of the Law on the Development of Small and Medium-sized Business that is an enterprise with fewer than 10 employees whose annual revenue does not exceed EUR 2 million or whose balance-sheet assets do not exceed EUR 2 million, and Article 2(7) of that Law defines an enterprise as a legal person carrying on economic activity.
- For urban and suburban transport services the requirements apply only to interactive self-service terminals that are not built into vehicles, aircraft, ships or rolling stock (Art. 2(4), point 3).
- The service requirements for information screens apply only to interactive screens located in Lithuania, except screens built into vehicles, aircraft, ships or rolling stock (Art. 2(4), point 3).
- Provide information about how the service operates, its accessibility characteristics and its interoperability with assistive devices in more than one sensory channel and in an understandable way, in text formats from which alternative formats can be generated, in a suitable font size and type with sufficient contrast and spacing, with non-text content supplemented by a text alternative (Annex 1, point 10.2).
- Make the websites (including related online applications) and the mobile-device services you provide, including mobile apps, consistently and adequately accessible: perceivable, operable, understandable and robust (Annex 1, point 10.3).
- Make the products you use to provide the service accessible under points 2, 3 and 5 to 9 of Annex 1 (and point 4 where it applies), and where practicable give help desks, call centres, technical support, relay and training services accessible means of communication for information on the service's accessibility and its compatibility with assistive technologies (Annex 1, points 10.1, 10.4).
- For electronic communications services, provide real-time text alongside voice, total conversation where voice is combined with video, and emergency communications that are synchronised and relayed through the electronic communications providers to the Common Help Centre (Annex 1, point 11.1).
- For audiovisual media access services, provide electronic programme guides that are perceivable, operable, understandable and robust and carry information on accessibility options, and transmit accessibility components (subtitles for the deaf and hard of hearing, audio description, spoken subtitles, sign language interpretation) with adequate quality, synchronised with sound and video, with user control of their display and use (Annex 1, point 11.2).
- For passenger air, bus, rail and waterborne transport services, give information on the accessibility of vehicles, surrounding infrastructure and the built environment and on assistance for persons with disabilities, and on smart ticketing, real-time passenger information and additional service information such as broken lifts or services temporarily unavailable (Annex 1, point 11.3).
- For consumer banking services, provide identification methods, electronic signatures, security and payment services that are perceivable, operable, understandable and robust, and give information in language of no higher than level B2 (Annex 1, point 11.5).
- For e-books, keep text and audio synchronised where both exist, do not let digital files or digital rights management block assistive technology or accessibility features, make content, navigation and format accessible, and give accessibility features in the metadata (Annex 1, point 11.6).
- For e-commerce services, give information on the accessibility of the products and services sold where the responsible operator provides it, and make identification, security and payment functions provided as services, and the identification methods, electronic signatures and payment services, perceivable, operable, understandable and robust (Annex 1, point 11.7).
- Where the requirements in Chapters I to V of Annex 1 do not cover a function of the product or the service, make it accessible by meeting the related functional performance criteria of Chapter VI; those criteria may replace a specific technical requirement only where they give equivalent or greater accessibility (Annex 1, points 15 to 17).
- State in the general terms of service (or an equivalent document) how the service meets the applicable accessibility requirements, describing those requirements and, where relevant, the design and operation of the service and how the provision process and its monitoring keep the service conforming; publish that information, provide it in writing and orally on request, in forms accessible to persons with disabilities, and keep it as long as the service is provided (Art. 13(2)).
- To meet the information duty of Art. 13(2) you may fully or partly apply harmonised standards and technical specifications whose references the EU has published in the Official Journal (Art. 13(3)).
- Put in place procedures that keep the service in conformity throughout its provision, taking account of changes in the service, in the accessibility requirements and in the harmonised standards or technical specifications relied on (Art. 13(4)).
- If the service does not conform, take the measures needed to bring it into conformity and inform the market surveillance authority at once, and no later than 5 working days after learning of it, with details of the non-conformity and the measures taken (Art. 13(5)).
- On the authority's reasoned request give it in writing, within the period it sets (not shorter than 3 working days), all the information and documents needed to show the service conforms, and cooperate in the actions taken to bring it into conformity (Art. 13(6)).
- The accessibility requirements apply only to the extent that compliance does not require a significant change that fundamentally alters the basic nature of the service and does not impose a disproportionate burden on the operator (Art. 14(1)).
- To rely on that limit, carry out the assessment against the criteria in Annex 2, document it, keep the report for 5 years after the service was last provided, and give the authority a copy in writing within the period it sets (not shorter than 3 working days) (Art. 14(2)-(3)).
- A service provider that relies on the limit renews the assessment for each category or type of service when the services offered change, when the authority asks, and at least every 5 years (Art. 14(5)).
- If you rely on the limit, send the information in the assessment report to the authority in writing, in the way it sets, at once and within 3 working days of the assessment; a very small enterprise is not bound by this duty (Art. 14(7)).
- You cannot rely on the disproportionate-burden limit if you receive funding for improving accessibility from other public or private sources rather than using your own resources (Art. 14(6)).
- Services that meet harmonised standards or technical specifications, or parts of them, whose references the EU has published in the Official Journal are presumed to meet the applicable accessibility requirements to the extent those standards or specifications cover them (Art. 15(1)-(2)).
- If the authority finds that the service does not meet the requirements, act within the reasonable period it sets (not shorter than 3 working days) to bring the service into conformity; if you do not, the authority orders you to stop providing the service (Art. 20(2)).
- During an inspection carry out the authority's lawful instructions and demands, give officials access to the territory, buildings and premises where the services are provided, appoint a person to take part, and give them the information, data and documents needed, whatever the medium (Art. 21(4)).
- Until you may keep providing similar services with products you lawfully used before the Act took effect, and a service contract concluded before stays valid unchanged until it ends, but no later than (Art. 30(3)).
Lietuvos Respublikos civilinio kodekso šeštosios knygos III dalies XXII skyriaus ketvirtojo skirsnio ir priedo pakeitimo įstatymas Nr. XV-1080 (Act No. XV-1080 amending the Civil Code), Articles 6.292 to 6.300 as Replaced from 9 December 2026 (Directive (EU) 2024/2853)from , in 4 weeks13 lines
Lietuvos Respublikos civilinio kodekso šeštosios knygos III dalies XXII skyriaus ketvirtojo skirsnio ir priedo pakeitimo įstatymas Nr. XV-1080 · Read the law's page
- These rules are enacted but do not apply yet: they apply from , and the Civil Code rules in force until keep governing products placed on the market or put into use before then (Art. 3 of Act No. XV-1080).
- If you develop or make a product, software included, or present yourself as its manufacturer by putting your name, trade mark or another distinguishing sign on it, you answer as its manufacturer for damage a defect in it causes (Arts. 6.292(1) and 6.293(1) point 1 and (2)).
- Keep supplying the software updates and upgrades needed to keep the product safe while it is within your control: you keep control if you integrate or supply a component or can supply updates or upgrades yourself or through a third party, and a defect caused by software, by an update or upgrade, or by a missing update needed for safety is not excused because it arose after you placed the product on the market (Arts. 6.292(3) and 6.298(1) point 1).
- Treat safety-relevant cybersecurity requirements and any recall or other corrective action as part of what decides whether your product is defective (Art. 6.294(1) points 6 and 7).
- Allow for what the product learns or acquires after it is placed on the market, because the effect of that ability is weighed in deciding whether it is defective (Art. 6.294(1) point 3).
- Keep evidence you could produce if a court orders you to disclose it: failing to disclose relevant evidence the claimant requested presumes the product defective (Art. 6.297(1) point 1).
- Meet the product-safety requirements that apply to your product: failing a requirement that protects against the risk of the harm suffered presumes it defective (Art. 6.297(1) point 2).
- If you are outside the EU, your importer or authorized representative established in the EU answers for the product in your place, and where there is neither, the fulfilment service provider answers (Art. 6.292(4)).
- If you distribute a product, or run an online platform that lets consumers conclude distance contracts with traders where the conditions of Article 6(3) of Regulation (EU) 2022/2065 are met, name the manufacturer, importer, authorized representative, fulfilment service provider or your own supplier within a month of the injured person's request, or you answer for the damage (Art. 6.292(5)).
- If you substantially modify a product outside the manufacturer's control and then place it on the market or put it into use, you answer as its manufacturer (Art. 6.292(2)).
- If you build a software component into a product, you have no recourse against the maker of a defective software component that was a micro or small enterprise when it placed the component on the market, where you waived recourse in your contract with it (Art. 6.296(2)).
- Free and open-source software developed or supplied outside commercial activity is outside these rules (Art. 6.299(2)).
- A claim must be brought within three years of the day the injured person learned, or should have learned, of the damage, the defect and who the liable operator is, and the right to sue is extinguished ten years after the product was placed on the market or put into use, or 25 years where a court finds that a later-revealed injury prevented suit within ten (Art. 6.300).