Ships a mobile app, in Latvia
Par atbildību par preces un pakalpojuma trūkumiem, Liability for Damage Caused by Defects in Goods and Services (Directive 85/374/EEC)since 7 lines
Par atbildību par preces un pakalpojuma trūkumiem · Read the law's page
- If you make goods or a component, or present yourself as the producer by putting your name, trade mark or another distinguishing mark on the goods, their packaging or their technical documentation, you answer for damage to life, health or property that a defect causes (Arts. 5(1) and 6(1)).
- If you import goods in the course of your business to put them into circulation in the European Union, you answer like the producer (Art. 6(2)).
- If the producer or importer cannot be identified and you sold or distributed the goods, give the injured person in good time the identity of the producer, the importer or your own supplier, or you answer for the damage (Art. 6(3)).
- Offer the safety a person is entitled to expect, judged on all circumstances including the design and packaging of the goods, the instructions for installation or use, use in normal or foreseeable conditions and the time the goods were put into circulation (Art. 7(1)).
- Be able to show that you did not put the goods into circulation, that the defect arose afterwards, that the goods were neither made for sale or distribution for profit nor made or distributed in the course of business, that the state of science and technology when you put them into circulation could not reveal the defect, or that the defect arose from complying with State or municipal requirements (Art. 13(1)).
- If you make a component, be able to show that the defect is linked to the design of the thing it was built into or to the producer's instructions (Art. 13(3)).
- Do not rely on a contract term to reduce or exclude your liability for damage to life, health or property, because an agreement to the contrary is void (Art. 5(3) and (4)).
- The Act applies to a movable corporeal thing, including electricity and gas, and to certain services; it is not settled whether it reaches software supplied on its own or as a service (Art. 3).
Electronic Mass Media Law, accessibility of electronic mass media services for persons with disabilitiessince 4 lines
Elektronisko plašsaziņas līdzekļu likums, 24.1, 60., 80. un 82. pants · Read the law's page
- If you are a television or radio broadcaster or an on-demand audiovisual media service provider with a permit or a notification to the National Electronic Mass Media Council, public or commercial, make your services continuously and progressively more accessible to persons with disabilities (Electronic Mass Media Law, Art. 24.1(1); Directive 2010/13/EU, Art. 7).
- Report to the National Electronic Mass Media Council once a year on the accessibility of your services (Art. 24.1(1)).
- Draw up, with associations that represent persons with disabilities, an action plan setting out the measures planned to make your services accessible, and inform the Council within 14 days of its approval (Art. 24.1(2)).
- If you give public announcements and information on emergencies, including natural disasters, give them in a way persons with disabilities can access (Art. 24.1(3)).
Cabinet Regulation 128 "Accessibility requirements for goods and services"since 13 lines
Ministru kabineta 2024. gada 27. februāra noteikumi Nr. 128 "Preču un pakalpojumu piekļūstamības prasības" · Read the law's page
- If you place goods covered by the Law on the market, design and make them so that persons with disabilities can use them as far as possible, with information available through more than one sensory channel and a user interface that can be perceived, used, understood and operated (Reg. 128, points 2 to 4).
- If you make self-service terminals, provide text-to-speech technology and allow personal headsets, and if you make e-readers, provide text-to-speech technology (points 4.15.1 and 4.15.2).
- If you make consumer terminal equipment for electronic communications services, support real-time text, total conversation and wireless connection to hearing technologies without interference with assistive devices (point 4.15.3).
- If you make consumer terminal equipment for access to audiovisual media services, give access to the accessibility components the media service provider offers (point 4.15.4).
- Provide accessible packaging (except for self-service terminals) and accessible installation, maintenance, storage and disposal instructions, and draw up the declaration of conformity on the model in the annex (points 6 to 8).
- If you provide a service, give information about it through more than one sensory channel, make its website and related online applications and mobile services, mobile apps included, perceivable, usable, understandable and clear, and make support services accessible (points 9 to 13).
- If you provide an electronic communications service, offer real-time text alongside voice and total conversation where video is offered, and synchronise emergency communications in voice and text (or voice, text and video as total conversation) and transmit them to the most appropriate emergency call centre (point 15).
- If you provide access to audiovisual media services, offer electronic programme guides that are perceivable, usable, understandable and clear and give accessibility information, and transmit the accessibility components (subtitles for deaf and hard-of-hearing persons, audio description, spoken subtitles and sign-language interpretation) in a quality fit for accurate display, synchronised with sound and video and with user control over their display (point 16).
- If you provide an air, bus, rail or waterborne passenger transport service other than an urban or regional one, give information on the accessibility of vehicles, infrastructure and the built environment and on assistance, and information on e-ticketing and real-time travel information; for urban and regional transport, make the self-service terminals meet the goods requirements (points 17 and 18).
- If you provide a consumer financial service, offer identification methods, electronic signatures, security and payment services that are perceivable, usable, understandable and clear, and write its information so a person without legal or financial expertise can understand it (point 19).
- If you provide e-books, synchronise text and audio, keep the files compatible with assistive technology, allow navigation and alternative renderings, give accessibility metadata, and make sure digital rights management does not block accessibility features (point 20).
- If you provide an e-commerce service, give the accessibility information on the goods and services sold that the responsible economic operator supplies, and make identification, security and payment functions perceivable, usable, understandable and clear (point 21).
- Where the specific technical requirements do not cover a function, make it accessible according to the functional performance criteria (points 26 and 27).
Law on the accessibility of goods and services, fundamental alteration and disproportionate burdensince 6 lines
Preču un pakalpojumu piekļūstamības likums, 13. un 14. pants · Read the law's page
- You are bound by an accessibility requirement only to the extent that meeting it does not require a significant change that alters the basic nature of the product or service and does not impose a disproportionate burden under the criteria in Article 14 (Law, Art. 13(1); Directive (EU) 2019/882, Art. 14(1)).
- Assess whether compliance would cause such a change or burden, document the assessment in writing, and keep it for five years after the product was last offered or the service last provided (Art. 13(2) and (3)).
- If you offer goods, employ fewer than 10 persons and your annual turnover or annual balance sheet total does not exceed EUR 2,000,000, you need not document the assessment in writing, but you must give the Consumer Rights Protection Centre, on request, the facts relevant to the defence (Art. 13(4)).
- If you provide a service, renew the disproportionate burden assessment for each category or type of service at least every five years, or earlier if the service changes or the competent authority requires it, and give the authority a copy on request (Art. 13(3)).
- If you receive funding from other public or private sources for improving accessibility, you cannot rely on the disproportionate burden defence (Art. 13(5)).
- If you apply the defence, other than as a goods operator exempt from documentation, inform in writing the market surveillance authority or competent authority of the Member State where you place the goods or provide the service (Art. 13(6)).
Law on the accessibility of goods and services, market surveillance of goods, supervision of services, complaints and appealssince 7 lines
Preču un pakalpojumu piekļūstamības likums, 18. līdz 23. pants · Read the law's page
- If your goods are found not to meet the accessibility requirements, remedy the non-conformity within the time the Consumer Rights Protection Centre sets, or face a restriction or ban on offering them and an order to withdraw them (Law, Arts. 18(5) and 20).
- Remedy a formal non-conformity the Consumer Rights Protection Centre orders, such as a missing or wrongly affixed CE marking, a missing or incorrect declaration of conformity or incomplete technical documentation, and cooperate in its evaluation of your goods (Arts. 19 and 20(1)).
- If you provide a service and your service is found not to meet the requirements, remedy the non-conformity within the time the competent authority sets, or comply with its decision ordering the necessary actions (Art. 23(2) and (3)).
- Give consumers and passengers a way to complain to you about the accessibility of the service, and expect an unresolved complaint to go to the competent authority for your sector (Art. 21).
- Expect an association with a legitimate interest to act before you and the authority in support of a complainant who approves (Art. 21(3)).
- If you provide consumer financial services, expect the Bank of Latvia, in place of the Consumer Rights Protection Centre, to supervise them from (Art. 22 as amended).
- If the competent authority adopts a decision ordering you to remedy a non-conformity, expect it to be enforced by a coercive fine of EUR 100 to 10,000 for a legal person (EUR 50 to 5,000 for a natural person), which can be imposed again every seven days until you comply (Administrative Procedure Law, Arts. 368 and 370).
Law on the accessibility of goods and services, accessibility of services, scope, microenterprise exemption and transitional rulessince 11 lines
Preču un pakalpojumu piekļūstamības likums, 3., 12. pants un pārejas noteikumi · Read the law's page
- If you provide an e-commerce service, consumer financial services (consumer credit, investment and ancillary services, payment services, payment-account services or electronic money), an electronic communications service, access to audiovisual media services, an e-book service, or the website, app, e-ticketing, travel information or interactive self-service terminals of an air, bus, rail or waterborne passenger transport service (for urban and regional transport, only the interactive self-service terminals), provide it in accordance with the accessibility requirements of Cabinet Regulation 128 (Law, Arts. 3(2) and 12(1); Directive (EU) 2019/882, Art. 13(1)).
- If you employ fewer than 10 persons and your annual turnover or annual balance sheet total does not exceed EUR 2,000,000, you are exempt from the service accessibility requirements; if you employ 10 or more persons, or your turnover and balance sheet total both exceed EUR 2,000,000, they apply to you (Art. 3(6); Directive (EU) 2019/882, Art. 4(5)).
- Service contracts concluded up to are outside the requirements until ; a contract that continues after that day must be brought into conformity. Self-service terminals in use before may stay in use to the end of their economically useful life, but for no more than 20 years (transitional points 2 to 4).
- A passenger transport service that meets the accessible-information requirements of the EU passenger rights regulations listed in Article 5 is treated as meeting the Law on those points (Art. 5).
- Put into your terms of use or an equivalent document a general description of the service in accessible formats, the explanations needed to understand how it works, and a confirmation that the way it is provided and monitored keeps it in conformity (Art. 12(2)).
- Make that information available to the public in accessible formats and keep it until you stop providing the service (Art. 12(4)).
- Keep the service in conformity throughout, taking account of changes in the process, the requirements, and the standards or technical specifications relied on (Art. 12(5)).
- If the service does not meet the requirements, take corrective measures and inform the competent authorities of the Member States where it is provided, with the details (Art. 12(6)).
- On a reasoned request, give the competent authority the information it needs to see that the service conforms, and cooperate with it (Art. 12(7)).
- Answer a written accessibility complaint from a consumer or passenger in writing within one month, extendable to two months for objective reasons with notice stating why; for an electronic communications service, answer within 15 days, or 30 days where an additional check is needed (Art. 21(1); Law on Regulators of Public Utilities, Art. 25(4)).
- Content of online maps where navigation information is given in an accessible digital format, and third-party content you did not fund, develop or control, is outside the Law, as are recordings and office file formats published up to and website or app content not updated or edited up to that day (Art. 3(4) and transitional point 1).