Distributes a software product, in Lithuania

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 9 December 2026; 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).

Nr. XIV-1633, 2 str. 2 ir 3 d., 7–12, 14–19 ir 21–28 str., Gaminių ir paslaugų prieinamumo reikalavimų įstatymas (gaminiai) · Read the law's page

• If you place on the market a consumer general-purpose computer hardware system or operating system, a self-service terminal (payment terminal, ATM, ticketing machine, check-in machine or interactive information terminal for a covered service), consumer terminal equipment for electronic communications, a device for access to audiovisual media services or an e-reader, make it meet the accessibility requirements of Annex 1 (Art. 2(2), 7(1)); the Act has applied since 28 June 2025 (Art. 30(1)).
• As a manufacturer, design and make the product to the Annex 1 requirements (Art. 8(1)), draw up the technical documents, carry out or commission the conformity assessment, draw up the EU declaration of conformity in the Decision No 768/2008/EC form translated into Lithuanian, and affix the CE marking (Art. 8(2), 16, 17(1)).
• Give the information on the use of the product that is on the product itself (labelling, instructions and warnings) through more than one sensory channel, in an understandable and perceivable way, in a font of adequate size and shape for the foreseeable conditions of use, with sufficient contrast and adjustable spacing between letters, lines and paragraphs (Annex 1, point 2.1).
• Where instructions for use, including on the product's accessibility functions, how to activate them and their interoperability with assistive solutions, are given other than on the product (for instance on a website), make them publicly available when the product is placed on the market, through more than one sensory channel, in text formats from which alternative assistive formats can be generated, with an alternative presentation of any non-text content, and include a description of the user interface, of the functionality, and of the software and hardware interfacing with assistive devices, with a list of the assistive devices tested with the product (Annex 1, point 2.2).
• Design the product, its user interface included, so that persons with disabilities can access, perceive, operate, understand and control it: more than one sensory channel for communication and operation, alternatives to speech and voice input, flexible magnification, brightness and contrast, alternatives to color and to auditory signals, user control of volume and speed, sequential control and alternatives to fine motor control, no modes of operation needing extended reach or great strength, no triggering of photosensitive seizures, protection of the user's privacy while using accessibility features, an alternative to biometric identification and control, consistent functionality with enough and flexible time for interaction, and software and hardware for interfacing with assistive technologies (Annex 1, point 3).
• For products other than self-service terminals, make the packaging and the information on it accessible, on the packaging where possible, and make instructions for installation, maintenance, storage and disposal that are given other than on the product publicly available when it is placed on the market, under the same presentation rules (Annex 1, point 4).
• Where possible, have your support services (help desks, call centers, technical support, relay and training services) give information on the product's accessibility and its compatibility with assistive technologies through accessible means of communication (Annex 1, point 5).
• For self-service terminals, provide text-to-speech technology, allow the use of personal headsets, warn the user through more than one sensory channel where a response must be given within a time limit, allow the time to be extended, give appropriate contrast and tactually discernible keys and controls where there are any, do not require an accessibility feature to be activated before the user who needs it can turn it on, and make sound or audio signals compatible with assistive devices and technologies available at EU level, hearing technology included (Annex 1, point 6).
• For e-readers, provide text-to-speech technology (Annex 1, point 7).
• For consumer terminal equipment with interactive computing capability used for electronic communications services: where it has text capability besides voice, handle real-time text and support high-fidelity audio; where it has video capability, handle total conversation, including synchronized voice, real-time text and video at a resolution that allows communication in sign language; ensure effective wireless coupling to hearing technologies; and avoid interference with assistive devices (Annex 1, point 8).
• For consumer interactive devices for access to audiovisual media services, let persons with disabilities use the accessibility components the audiovisual media service provider supplies, for user access, selection, control and personalization and for transmission to assistive devices (Annex 1, point 9).
• 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).
• As a manufacturer, keep the technical documents and the EU declaration of conformity for 5 years from the day the product is placed on the market, and keep procedures that keep series production in conformity (Art. 8(3)-(4)).
• As a manufacturer, put a type, batch or serial number on the product (or on the packaging or accompanying document), your name or trade mark and a contact e-mail or business address, and supply instructions and safety information that consumers can easily understand (Art. 8(5)-(7)).
• As a manufacturer, if you find or have reason to believe a product you placed on the market does not meet the accessibility requirements, within 3 working days of learning of it take the measures needed to bring it into conformity or withdraw it, and inform the market surveillance authority; register non-conforming products and the complaints about them (Art. 8(8)-(10)).
• As a manufacturer, on the authority's reasoned request give it in writing, within the period it sets (not shorter than 3 working days), the information and documents needed to show conformity, and cooperate in corrective action (Art. 8(11)).
• As an importer or distributor, you are treated as the manufacturer, with the manufacturer's duties, if you place a product on the market under your own name or trade mark or modify a product already on the market so that its conformity may be affected (Art. 8(12)).
• As an authorised representative, act under a written mandate that cannot cover the manufacturer's design duty in Art. 8(1) or drawing up the technical documents; the mandate must require you to keep the EU declaration of conformity and technical documents for 5 years, give the authority the information and documents it asks for, and cooperate with it (Art. 9).
• As an importer, place only conforming products on the market; before doing so make sure the conformity assessment was carried out, the technical documents exist, the CE marking and required documents are present and the manufacturer has marked the product and supplied instructions (Art. 10(1)-(2), (5)).
• As an importer, do not place a product on the market while you have reason to believe it does not conform; if it does not conform, within 3 working days of learning of it inform the manufacturer and the authority in writing, giving your name and company code or your name and surname, and contact details (Art. 10(3)).
• As an importer, show your name, trade name or trade mark and a contact e-mail, business address or telephone number on the product, packaging or accompanying document, keep storage and transport conditions from endangering conformity, and keep a copy of the EU declaration of conformity for 5 years while keeping the technical documents available to the authority (Art. 10(4), (6)-(7)).
• As an importer, if you have reason to believe a product you placed on the market does not conform, at once take corrective measures or withdraw it, inform the authority within 3 working days, register non-conforming products and complaints, and give the authority the information and documents it asks for within the period it sets (not shorter than 3 working days) (Art. 10(8)-(9)).
• As a distributor, before making a product available verify the CE marking, the required documents, instructions and safety information, and that the manufacturer and importer met their marking duties; do not supply a product you believe does not conform, and inform the manufacturer or importer and the authority in writing within 3 working days of learning of the non-conformity (Art. 11(2)-(3)).
• As a distributor, keep storage and transport conditions from endangering conformity, take or ensure corrective measures for a product you believe does not conform, inform the authority within 3 working days, and give the authority the information and documents it asks for within the period it sets (not shorter than 3 working days) (Art. 11(4)-(6)).
• As a manufacturer, authorised representative, importer or distributor, identify to the authority on request each operator that supplied you the product and each operator you supplied it to, and be able to do so for 5 years after the product was supplied to you and for 5 years after you supplied it (Art. 12).
• The accessibility requirements apply only to the extent that compliance does not require a significant change that fundamentally alters the product's basic nature 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 product was last made available on the market, and give the authority a copy in writing within the period it sets (not shorter than 3 working days) (Art. 14(2)-(3)); the Act puts these duties on every economic operator, a term Art. 3(3) defines to include importers and distributors, and sets no separate rule for an importer or distributor of a product whose manufacturer relies on the limit.
• If you rely on the limit for a product, 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 carrying out the assessment; name in the EU declaration of conformity the requirements for which the limit is used (Art. 14(7), 16(1)).
• 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)).
• A very small enterprise that makes products does not have to prepare the assessment report, but if it relies on the limit it gives the authority on request, within the period set (not shorter than 3 working days), the facts relevant to the assessment, and it is not bound by the notification duty of Art. 14(7) (Art. 14(4), (7)).
• As a manufacturer, where several EU acts require an EU declaration of conformity draw up a single declaration for all of them; by drawing it up you take responsibility for the product's conformity (Art. 16(3)-(4)).
• As a manufacturer, draw the technical documents up so that conformity can be assessed against the applicable requirements; if you rely on Art. 14, show that the requirements would require a fundamental alteration or impose a disproportionate burden (Art. 16(5)).
• As a manufacturer, take all necessary measures so that the production process and its monitoring keep the products in conformity with the technical documents and the requirements, and run internal production control (Art. 16(6)-(7)).
• As a manufacturer, mark each conforming product with the CE marking before placing it on the market, visibly, legibly and indelibly on the product or its data plate or, if that is impossible, on the packaging and the accompanying documents, applying the general principles in Art. 30 of Regulation (EC) No 765/2008 (Art. 17(1)).
• Make sure all appropriate action is taken in respect of all the products you have placed on the market throughout the EU (Art. 19(7)).
• Products 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)).
• Take the corrective action the authority requires within the period it sets (not shorter than 3 working days); if it orders withdrawal because you took none, withdraw the product at your own cost within the period it sets and report to it in writing within 3 working days, naming yourself, the action taken and its date (Art. 19(2)-(3), (5)).
• Bring a product into conformity if it carries the CE marking in breach of the marking rules, lacks the CE marking, lacks or has an incorrect EU declaration of conformity, lacks or has incomplete technical documents, or breaches another duty of Art. 8 or 10; otherwise the authority restricts or bans supply or has the product withdrawn, and recovers its costs from you (Art. 19(8), (12)-(13)).
• Keep a product subject to a ban or restriction on supply separate in your warehouse from other products, and treat the authority's decisions on banning or restricting supply as enforceable from receipt unless they set a later date (Art. 19(14)-(15)).
• During an inspection carry out the authority's lawful instructions and demands, give officials access to the territory, buildings and premises where products are made, sold or stored, appoint a person to take part, and give them the information, data and documents needed, whatever the medium (Art. 21(4)).

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 9 December 2026, and the Civil Code rules in force until 8 December 2026 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).