LatviaInformācijas sabiedrības pakalpojumu likums (Information Society Services Act), Chapter VII.1, Digital Services Act Application
Information Society Services Act (Informācijas sabiedrības pakalpojumu likums) VIII 1 nodaļa, 19. 1 pants to 19. 8 pants, in force from 21.06.2024
In force since .
A transparency and process rule binding public and private bodies.
- Obligation class
- Reporting, Disclosure
As of .
What it requires
- If the coordinator proposes it, bring your service into line with the Digital Services Act by the deadline it sets, and tell the coordinator at once, and within three working days of the deadline, that you have done so, with supporting evidence.
- Where you give the coordinator a written commitment to end a breach, carry it out by the date it sets, normally within three months, and tell the coordinator within three working days of the deadline, with evidence.
- Give the coordinator correct, complete and non-misleading information when it investigates your compliance, answer its questions, and submit to an inspection.
If you get it wrong
Penalty structure
Article 19.6(1) allows a fine of up to 6 percent of annual worldwide turnover in the previous financial year and a periodic penalty payment of up to 5 percent of average daily turnover or income for each day. Article 19.6(2) allows a fine of up to 1 percent of annual worldwide turnover for information and inspection failures.
- Rule
- Turnover pct only
- As of
- Turnover percentage cap
- 6
Who enforces it
Enforcement body
Consumer Rights Protection Centre (Patērētāju tiesību aizsardzības centrs), the competent authority and digital services coordinator; district (city) court judges authorize restrictions of access under Article 51(3)(b); the Administrative District Court hears appeals.
What this law does
Article 19.1(1) of the Information Society Services Act makes the Consumer Rights Protection Centre (Patērētāju tiesību aizsardzības centrs) the competent authority under Article 49(1) of the Digital Services Act and the digital services coordinator under Article 49(2). Article 19.1(2) subjects the coordinator to the independence requirements of Article 50 of the Digital Services Act and has it decide independently.
Article 19.2(1) has the Centre perform all the coordinator's tasks and supervise intermediary service providers' compliance with the duties in sections 1 to 4 of Chapter III of the Digital Services Act, unless the European Commission has started proceedings for the same breach against a very large online platform or search engine. Article 19.3(1) lets the coordinator carry out inspections under Article 51(1)(b) of the Digital Services Act without a court's permission.
Article 19.4(1) lets the coordinator propose that a provider ensure compliance by a set deadline or give a written commitment to end the breach. Article 19.4(2) requires the provider to tell the coordinator, at once and within three working days of the end of the deadline, that it has acted on the proposal, with supporting evidence.
Article 19.4(3) lets the coordinator, on finding a breach, order the provider to end it at once or within a set time and impose a fine and a periodic penalty payment. Article 19.5(1) and (2) let the provider give a written commitment to remedy the breach within a set period of no more than three months, unless the nature of the measures justifies a longer one, and the commitment takes effect when the coordinator confirms it.
Article 19.6(1) lets the coordinator fine a provider for breach of the Digital Services Act up to 6 percent of its annual worldwide turnover in the previous financial year, and impose a periodic penalty payment of up to 5 percent of average daily turnover or income for each day. Article 19.6(2) lets the coordinator fine up to 1 percent of annual worldwide turnover for supplying incorrect, incomplete or misleading information, failing to answer or correct it, and refusing an inspection.
Article 19.7(1) lets the coordinator, where recipients may suffer serious harm and urgent action is needed, adopt the decision to end the breach as an interim measure. Article 19.8(1) allows an appeal against the coordinator's decision to the Administrative District Court, which does not suspend the decision except for fines and periodic penalty payments.
The Act of , in force from , removed Chapter IV of the Information Society Services Act, with Articles 10 and 11 on the liability and duties of intermediary service providers.
When LexLint raises it
When your app profile says your app operates a social platform.