LithuaniaInformacinės visuomenės paslaugų įstatymas (Law on Information Society Services), Articles 15, 17 and 21, Notice and Action
Articles 15(1) and (2) 17 and 21, Law on Information Society Services (Informacinės visuomenės paslaugų įstatymas Nr. X-614), as rewritten by Law Nr. XIV-2702
In force since .
A notice and action rule binding private bodies.
- Obligation class
- Governance, Reporting, Disclosure
As of .
What it requires
- When you have reliable factual data, or a notice that is accurate, complete and substantiated, that content you transmit or store is unlawful, assess it, and if the recipient gives no answer within a reasonable time or no sound explanation, decide to treat the information as unlawful content and restrict access to it.
- If you are a hosting service provider and you restrict access to content as unlawful, give the recipient a reasoned statement of the decision within one working day under Article 17 of Regulation (EU) 2022/2065, if you know the recipient's electronic contact details.
- Tell the police at once if you learn of information that raises a suspicion of a criminal act threatening the life or safety of a person.
Who enforces it
Enforcement body
Communications Regulatory Authority (Ryšių reguliavimo tarnyba), the digital services coordinator, which receives the orders that authorities issue under Article 21 and supervises compliance with the Regulation together with the other competent institutions named in Article 1(2).
What this law does
Article 15(1) treats a provider as having learned of unlawful activity or content when it has reliable factual data about it, or learns of facts and circumstances from which it is evident that a recipient's activity or content is unlawful.
Article 15(1) lets the provider obtain such data on its own initiative or from notices by recipients, supervisory authorities, and natural or legal persons, if the notices are accurate, complete and substantiated enough for the provider to assess the content and act. Article 15(1) requires a provider that gets no answer from the recipient within a reasonable time, or finds the explanation unfounded, to decide to treat the information as unlawful content and restrict access to it.
Article 15(1) applies Article 16(2) of the Regulation, with the necessary changes, to the requirements for notices from recipients and from natural and legal persons. Article 15(2) requires a hosting service provider that decides information is unlawful content and restricts access to it to give the recipient a reasoned statement within one working day under Article 17 of the Regulation, if it knows the recipient's electronic contact details.
Article 17 requires hosting service providers to inform the police at once on learning of information that raises a suspicion that a criminal act threatening the life or safety of a person has been, is being or is likely to be committed, in line with Article 18 of the Regulation. Article 21(1) requires the authorities that issue orders to act against illegal content or to provide information to follow the requirements for such orders in Articles 9 and 10 of the Regulation.
Article 21(2) requires an authority other than the Communications Regulatory Authority (Ryšių reguliavimo tarnyba, RRT) that issues such an order to send it to the RRT, with any information received from the provider about its response, within five working days.
When LexLint raises it
When your app profile says your app operates a social platform.