LatviaInformation Society Services Law (Informācijas sabiedrības pakalpojumu likums), Articles 8 and 9, Commercial Notices and Their Sending
8. pants and 9. pants, Informācijas sabiedrības pakalpojumu likums
In force since .
A commercial messages rule binding public and private bodies.
- Obligation class
- Consent, Disclosure, Prohibition
As of .
What it requires
- Do not use automatic calling systems that work without human participation, electronic mail or fax machines, through which individual contact with the recipient is possible, to send a commercial notice unless the recipient has given free and unambiguous consent beforehand (article 9, paragraph 1).NIST Privacy FrameworkCT.PO-P1
- You need no consent to use e-mail addresses you obtained from recipients in your commercial transactions for further commercial notices, but only about your similar goods or services, only if the recipient did not object at the outset, and only if every later notice gives a clear free-of-charge chance to refuse further use of the address (article 9, paragraph 2).NIST Privacy FrameworkCT.PO-P1NIST Privacy FrameworkCT.PO-P3
- For other communication through publicly available electronic communications services, send a commercial notice only if the recipient has given free and unambiguous consent beforehand (article 9, paragraph 3).NIST Privacy FrameworkCT.PO-P1
- Do not send a commercial notice by electronic mail or other communication through publicly available electronic communications services with an invalid e-mail address, or an invalid telephone or fax number to which the recipient could send a request to stop the communication, or while disregarding the recipient's refusal of further notices (article 9, paragraph 4).NIST Privacy FrameworkCT.PO-P3
- The bans and restrictions in article 9, paragraphs 1 to 3 apply to commercial notices sent to natural persons (article 9, paragraph 6).
- Make every commercial notice clearly recognizable as one, make clear the person on whose behalf it is distributed, state the offer and the terms of receiving the service precisely, make discounts, bonuses and prizes and the terms of receiving them clear, make promotional contests, lotteries and games and their participation terms clear and easy to find, and give the recipient the chance to refuse further commercial notices (article 8, paragraph 1).NIST Privacy FrameworkCM.AW-P1NIST Privacy FrameworkCT.PO-P3
These lines are LexLint's reading of the law's text, as of . Also read by: Datu valsts inspekcija (DVI) (guidance, recorded ); Court of Justice, judgment of , Inatais, C-654/23 (recorded ).
In the frameworks
- NIST Privacy Framework
- CT.PO-P1Policies, processes, and procedures for authorizing data processing (e.g., organizational decisions, individual consent), revoking authorizations, and maintaining authorizations are established and in place.
- CT.PO-P3Policies, processes, and procedures for enabling individuals’ data processing preferences and requests are established and in place.
- CM.AW-P1Mechanisms (e.g., notices, internal or public reports) for communicating data processing purposes, practices, associated privacy risks, and options for enabling individuals’ data processing preferences and requests are established and in place.
- FINOS AIGF
- AIR-PREV-005System Acceptance Testing
- AIR-DET-021Agent Decision Audit and Explainability
Our reading of where this law's duties sit in each framework, and in the NIST Privacy Framework, line by line beside each duty above. It never says that running a control meets the law. How we read a framework against the law
Who enforces it
Enforcement body
The Consumer Rights Protection Centre (Patērētāju tiesību aizsardzības centrs) and the State Data Inspectorate (Datu valsts inspekcija) supervise the circulation of information society services within their competence, and a supervisory authority that finds a violation may order the service provider to end it (articles 12 and 13).
Settledness
The Inspectorate's page on commercial notices refers to the Fizisko personu datu aizsardzības likums.
- As of
- Case link
- https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:62023CJ0654
- Guidance link
- https://www.dvi.gov.lv/lv/komercials-pazinojums-katru-dienu-tava-e-pasta-un-viedtalruni
- Case citation
- Court of Justice, judgment of , Inatais, C-654/23
- Guidance body
- Datu valsts inspekcija (DVI)
What this law does
Article 9(1) of the Information Society Services Law bans using automatic calling systems that work without human participation, electronic mail or fax machines, through which individual contact with the recipient is possible, to send a commercial notice unless the recipient has given free and unambiguous consent beforehand.
Article 9(2) lets a service provider that obtained recipients' e-mail addresses in its commercial transactions use them for further commercial notices about its similar goods or services if the recipient did not object at the outset and every later notice gives a clear free-of-charge chance to refuse further use of the address.
Article 9(3) allows other communication through publicly available electronic communications services to send a commercial notice if the recipient has given free and unambiguous consent beforehand, apart from the cases in paragraphs 1 and 2.
Article 9(4) bans sending a commercial notice by electronic mail or other communication through publicly available electronic communications services with an invalid e-mail address, or an invalid telephone or fax number to which the recipient could send a request to stop the communication, or disregarding the recipient's refusal of further notices. Article 9(5) treats each prohibited commercial notice sent as a separate violation.
Article 9(6) applies the bans and restrictions in paragraphs 1, 2 and 3 to commercial notices sent to natural persons.
Article 8(1) requires a commercial notice to meet the general requirements of the Advertising Law, to be clearly recognizable as a commercial notice, to make clear the person on whose behalf it is distributed, to state the offer and the terms of receiving the service precisely, to make discounts, bonuses and prizes and the terms of receiving them clear, to make promotional contests, lotteries and games and their participation terms clear and easy to find, and to give the recipient the chance to refuse further commercial notices.
Article 13(6) obliges the supervisory authority to check compliance with article 9 where one recipient has received at least 10 commercial notices from one provider within a year and has complained to the authority. Article 12(1) has the Consumer Rights Protection Centre (Patērētāju tiesību aizsardzības centrs), the State Data Inspectorate (Datu valsts inspekcija) and other supervisory and control authorities supervise the circulation of information society services within their competence.
Article 13(1) lets a supervisory authority that finds a violation of the Law require the information needed and order the service provider to end the violation or take specific action to remedy it, within a time limit it sets. Article 9 is in the wording of the law of , as amended by the law of , which took effect on . The law of took effect on .
When LexLint raises it
When your app profile says your app sends automated outreach.