LithuaniaInformacinės visuomenės paslaugų įstatymas (Law on Information Society Services), Digital Services Act Supervision, Complaints and Fines
Articles 1(2) 16, 19, 23, 24, 34 and 39 to 42, Law on Information Society Services (Informacinės visuomenės paslaugų įstatymas Nr. X-614), as rewritten by Law Nr. XIV-2702
In force since .
A transparency and process rule binding public and private bodies.
- Obligation class
- Governance, Reporting
As of .
What it requires
- If you provide a very large online platform or very large online search engine, assess and mitigate the systemic risks in Article 34 of Regulation (EU) 2022/2065, including the risks from removing or blocking lawful content and from algorithmic systems, and take account of Lithuanian language norms and usage.
- When a competent institution investigates or inspects you, give the oral and written explanations it asks for, come to its premises when it requires, and give correct, complete and non-misleading information.
- Carry out the commitments you have undertaken and the corrective measures the Communications Regulatory Authority orders, by the deadline it sets.
If you get it wrong
Penalty structure
Article 40 sets fines of up to 6 percent of the provider's total annual income in the previous financial year for breaches of the Regulation, and up to 1 percent for supplying incorrect, incomplete or misleading information, failing to answer, or obstructing an on-site check. The base is the provider's total annual income (bendrosios metinės pajamos) as the Law words it.
- Rule
- Turnover pct only
- As of
- Turnover percentage cap
- 6
Who enforces it
Enforcement body
Communications Regulatory Authority (Ryšių reguliavimo tarnyba), the digital services coordinator; the State Data Protection Inspectorate for Articles 26(1)(d), 26(3), 27 and 28(2) and (3) of the Regulation; the State Consumer Rights Protection Authority for Articles 25, 26(1)(a) to (c), 26(2) and 30 to 32; the Inspector of Journalists' Ethics for Articles 14(3) and 28(1).
What this law does
Article 1(2) of the Law on Information Society Services names the Communications Regulatory Authority, the State Data Protection Inspectorate, the State Consumer Rights Protection Authority and the Inspector of Journalists' Ethics as the competent institutions that ensure Regulation (EU) 2022/2065 is carried out. Article 23 makes the Communications Regulatory Authority the digital services coordinator, performing the functions the Regulation gives that coordinator.
Article 16(1) requires providers of very large online platforms and very large online search engines to assess and mitigate the systemic risks in Article 34 of the Regulation, including risks from removal and blocking of lawful content and from algorithmic systems, taking account of Lithuanian language norms and usage. Article 19(2) has the Communications Regulatory Authority set the procedure for certifying bodies that settle disputes out of court under Article 21 of the Regulation.
Article 24(2) lets the Authority investigate and inspect intermediary service providers established in Lithuania, and in an investigation it may ask the provider, its employees or its representative for oral and written explanations and require the provider to come to the Authority's premises.
Article 34(1) lets a recipient of the service or another body named in Article 53 of the Regulation file a complaint with the Communications Regulatory Authority about possible breaches by intermediary service providers. Article 40(1) has the Communications Regulatory Authority fine up to 6 percent of the provider's total annual income in the previous financial year for breaches of the Regulation, other than the breaches assigned to other institutions.
Article 40(2) to (4) give the State Data Protection Inspectorate, the State Consumer Rights Protection Authority and the Inspector of Journalists' Ethics the same fine of up to 6 percent for breaches of the articles of the Regulation assigned to each.
Article 40(6) sets a fine of up to 1 percent of total annual income for supplying incorrect, incomplete or misleading information, for failing to answer the competent institution, for failing to correct or submit information for checking, and for not complying with the institution's requirements in an on-site check. Article 39(2) allows a fine to be imposed within five years of the breach, or of its discovery for a continuing breach.
When LexLint raises it
When your app profile says your app operates a social platform.