Distributes a software product, in Latvia

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).

Likums "Par atbilstības novērtēšanu", 4., 9.3 līdz 9.6, 19. un 20. pants · Read the law's page

• If you are a manufacturer, authorised representative, importer, distributor or fulfilment service provider, offer on the market only goods that meet the requirements of the acts within Article 4(2), among them the accessibility requirements (Law on Conformity Assessment, Arts. 1(2), 4(2) and 9.1).
• If goods you place on the market or offer are found not to meet the requirements of an act within Article 4(2), take the corrective action the Consumer Rights Protection Centre requires (Law on Conformity Assessment, Art. 9.5(1)).
• If you know or should know that goods you placed or offered do not meet the requirements and pose a risk, inform the Consumer Rights Protection Centre at once (Art. 9.5(2)).
• If you are the manufacturer or importer of non-conforming goods, reimburse the Consumer Rights Protection Centre the costs of a test purchase, expert examination and transport within five days of the supporting document (Art. 9.3(4) and (6)).
• Expect the Consumer Rights Protection Centre to ban offering the goods, withdraw them, recall them from end-users or have them destroyed if you do not act (Art. 9.6(2) and (3)).
• If non-conforming goods are still offered through your online interface after the time set for corrective action, expect the Consumer Rights Protection Centre to order access to the interface restricted or its content removed, with immediate effect (Arts. 9.7(3) and 9.8(1)).

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).

Preču un pakalpojumu piekļūstamības likums, 10. pants · Read the law's page

• If you distribute goods covered by the Law, act with due care in relation to the accessibility requirements when you offer them on the market (Law, Art. 10(1); Directive (EU) 2019/882, Art. 10(1)).
• Before offering goods on the market, check that they bear the CE marking, that the documents, instructions and safety information in the state language are supplied, and that the manufacturer and importer have marked the goods and given their names and addresses (Art. 10(2)).
• If you consider that goods do not meet the accessibility requirements, do not offer them on the market until they do, and inform the manufacturer or importer and the Consumer Rights Protection Centre (Art. 10(3)).
• While the goods are under your responsibility, make sure storage and transport conditions do not affect their conformity (Art. 10(4)).
• If goods you offered do not meet the requirements, ensure that corrective action is taken or withdraw them, and inform the Consumer Rights Protection Centre in detail (Art. 10(5)).
• On a reasoned request, give the Consumer Rights Protection Centre the information and documentation it needs, in the state language, and cooperate in remedying non-conformity (Art. 10(6) and (7)).
• If you apply the fundamental alteration or disproportionate burden provision of Article 13 to goods you distribute, make and document your own assessment and inform the Consumer Rights Protection Centre in writing (Art. 13(1), (3) and (6)).
• On request, identify the economic operators that supplied you with the goods and those you supplied them to, and keep that information available for five years (Art. 11).

Preču un pakalpojumu piekļūstamības likums, 11. pants · Read the law's page

• If you are a manufacturer, authorised representative, importer or distributor of goods covered by the Law, identify to the Consumer Rights Protection Centre, on request, the economic operator that supplied you with the goods and the one you supplied them to (Law, Art. 11(1); Directive (EU) 2019/882, Art. 12(1)).
• Keep that information available to the Consumer Rights Protection Centre for five years after the goods were supplied to you and for five years after you supplied them (Art. 11(2)).

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)).

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 1 January 2027 (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).

Preču un pakalpojumu piekļūstamības likums, 6., 7., 15., 16. un 17. pants · Read the law's page

• If you manufacture consumer general-purpose computers or their operating systems, smartphones and tablets, payment terminals, ATMs, ticket machines, check-in machines, interactive self-service information terminals (other than terminals built into vehicles, aircraft, ships or rolling stock), consumer terminal equipment used for electronic communications or for access to audiovisual media services, or e-readers, design and make them to meet the accessibility requirements of Cabinet Regulation 128 (Law, Arts. 3(1), 4(1) and 6(1); Directive (EU) 2019/882, Art. 7(1)).
• Prepare the technical documentation, carry out the internal production control procedure, draw up the declaration of conformity on the model in the Cabinet regulation and affix the CE marking before you place the goods on the market (Law, Arts. 6(2), 7 and 16).
• Keep the technical documentation and the declaration of conformity for five years after the goods are placed on the market (Art. 6(3)).
• If you produce goods in series, set up control procedures that keep each unit in conformity and take account of changes in design, characteristics, standards and technical specifications (Art. 6(4)).
• Mark each product with a type, batch or serial number, show your name or trademark and one address with contact details, and supply instructions and safety information in the state language (Art. 6(5) to (7)).
• If you find that goods you placed on the market do not meet the accessibility requirements, take corrective action at once, withdraw them where necessary, tell the Consumer Rights Protection Centre with details of the non-conformity, and keep a register of non-conforming goods and complaints (Art. 6(8)).
• On a reasoned request from the Consumer Rights Protection Centre, give it the information and documentation it needs, in the state language, and cooperate in remedying non-conformity (Art. 6(9) and (10)).
• If you rely on the fundamental alteration or disproportionate burden provision of Article 13, show it in the technical documentation and state in the declaration of conformity which requirements it is applied to (Arts. 7(2) and 16(1)).
• Goods placed on the market up to 27 June 2025 are outside the requirements (transitional provisions, point 1).

Preču un pakalpojumu piekļūstamības likums, 8. pants · Read the law's page

• If you are appointed as the authorised representative of a manufacturer, accept a written mandate that lets you keep the declaration of conformity and the technical documentation for five years after the goods are placed on the market and make them available to the Consumer Rights Protection Centre (Law, Art. 8(2) point 1).
• On a reasoned request from the Consumer Rights Protection Centre, supply the information and documentation that shows the goods meet the accessibility requirements (Art. 8(2) point 2).
• Cooperate with the Consumer Rights Protection Centre, on its request, to remedy the goods' non-conformity (Art. 8(2) point 3).
• The manufacturer's duty to design and make the goods to the requirements, and the drawing up of the technical documentation, stay with the manufacturer and cannot be placed in your mandate (Art. 8(1)).
• On request, identify the economic operators that supplied you with the goods and those you supplied them to, and keep that information available for five years (Art. 11).

Preču un pakalpojumu piekļūstamības likums, 9. pants · Read the law's page

• If you import goods covered by the Law into the European Union, place on the market only goods that meet the accessibility requirements (Law, Art. 9(1)).
• Before placing the goods on the market, check that the manufacturer carried out the Article 7 conformity assessment procedure, prepared the technical documentation, affixed the CE marking, attached the required documents, marked the goods and gave its name and address (Art. 9(2)).
• If you consider that goods do not meet the accessibility requirements, do not place them on the market until they do, and inform the manufacturer and the Consumer Rights Protection Centre (Art. 9(3)).
• Show your name or trademark and one address with contact details on the goods, and supply instructions and safety information in the state language (Art. 9(4) and (5)).
• While the goods are under your responsibility, make sure storage and transport conditions do not affect their conformity (Art. 9(6)).
• Keep a copy of the declaration of conformity for five years and give the Consumer Rights Protection Centre the technical documentation on request (Art. 9(7)).
• If goods you placed on the market do not meet the requirements, take corrective action at once, inform the Consumer Rights Protection Centre, and keep a register of non-conforming goods and complaints (Art. 9(8)).
• On a reasoned request, give the Consumer Rights Protection Centre the information and documentation it needs, in the state language, and cooperate in remedying non-conformity (Art. 9(9) and (10)).
• If you apply the fundamental alteration or disproportionate burden provision of Article 13 to goods you import, make and document your own assessment and inform the Consumer Rights Protection Centre in writing (Art. 13(1), (3) and (6)).

Ministru kabineta noteikumi Nr. 215, Radioiekārtu atbilstības novērtēšanas, piedāvāšanas tirgū, uzstādīšanas, lietošanas un uzraudzības noteikumi (2024. gada 2. aprīlis), 10.-14. un 19.-20. punkts · Read the law's page

• If you are a manufacturer that places radio equipment on the Latvian market, you meet the Radio Equipment Directive's essential requirements through these Regulations, and you must design and make the equipment to meet the safety, health and electromagnetic-compatibility requirements of point 10 and the further requirements of point 11 (points 10, 11 and 19).
• If your radio equipment can communicate over the internet, directly or through other equipment, design and make it so that it does not harm the network or its operation and does not misuse network resources, causing an unacceptable degradation of service (points 11.1 and 12; applies from 1 August 2025).
• If that equipment, or radio equipment designed or intended solely for childcare, covered by the toy safety rules, or worn on the body or clothing, can process personal data, traffic data or location data, design and make it with safeguards that protect the personal data and privacy of the user and subscriber (points 11.2 and 13; applies from 1 August 2025).
• If your internet-connected radio equipment lets the holder or user transfer money, monetary value or virtual currency, design and make it to perform functions that protect against fraud (points 11.3 and 14; applies from 1 August 2025).
• The requirements of points 11.1, 11.2 and 11.3 do not apply to radio equipment that is also covered by the medical devices Regulations (EU) 2017/745 and (EU) 2017/746, and points 11.2 and 11.3 do not apply to equipment also covered by the civil aviation Regulation (EU) 2018/1139, the motor vehicle type-approval Regulation (EU) 2019/2144 or the rules for registering electronic road-toll service providers (points 15 and 16).