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The Amendments To The Law Of Information Society Services, In

Original Language Title: Grozījumi Informācijas sabiedrības pakalpojumu likumā

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The Saeima has adopted and the President promulgated the following laws: the law of information society services in the information society Services Act (the Saeima of the Republic of Latvia and the Cabinet of Ministers rapporteur, 2004, nr. 23) the following amendments: article 1.1: Add to the article with a new paragraph 1 as follows: "1) electronic mail: the nature of the services that the electronic communication network connected PC allows users to send and receive a message;"
consider the current paragraph 1 to 4 on 2-5.
2. Make article 9 as follows: "article 9. Sending a commercial ban (1) prohibits the use of commercial communication for sending automatic dialing (VSAT) system that operates without human intervention (automatic izsaukumierīc), electronic mail or fax (facsimile), by means of which the individual may contact the recipient of the service, if the recipient of the service has not previously been given free and explicit consent.
(2) The service provider that your commercial you have from within the recipient e-mail addresses may be used for other commercial communications if: 1) commercial communications are sent by the service provider on similar goods or services;
2) recipient of the service if not initially objected, on the future of the electronic passport ta addresses;
3) the recipient of the service in each subsequent commercial communication at the time of receipt is given an unmistakable free option (by submitting an application or sending notices electronically) opt out of further email addresses.
(3) Other forms of communication, using commercial communication for sending of a publicly available electronic communications services, can occur if the recipient has previously given free and explicit consent, except for the first and second cases referred to.
(4) Electronic mail prohibited commercial use for sending the notification, if it is hidden or understated the sender's identity (even if the communication is carried out in the name of the sender) or used an invalid e-mail address to which the recipient can send a request to cease communication.
(5) Each prohibited commercial communication sending a separate infringement. "
3.10. Article: make the second paragraph as follows: "(2) an intermediary service provider that performs information programme has proved successful in the network change or provide access to this network is not liable for the information transmitted, if it complied with all of the following conditions: 1) initiates transmission of information;
2) chooses the recipient of the information transmitted;
3) does not select or modify the transmitted information. ";
to make the fourth and fifth by the following: "(4) an intermediary service provider that performs information transmission in the electronic communications network, is not liable for the automatic, starpniecisk and temporary storage of information, if the storage required for the relevant information could be transmitted more efficiently next to other recipients of the service upon their request, and if the intermediary service provider: 1) does not modify the information;
2) followed the conditions of access to information;
3) followed the industry fair practice rules relating to information;
4) according to industry codes of practice good faith do not interfere with the lawful use of technology, to get the news about the use of the information;
5) immediately take steps to remove the stored information or deny access to it as soon as the acquired actual knowledge that the information in the original source of the transmission has been removed from the communications network or are denied access to this information, or its withdrawal or access denied it requested by the supervisory authority.
(5) Intermediary service provider who performs services requested information, is not responsible for the information, if stored at the request of a recipient of the service, and if there is one of the following conditions: 1) intermediary service provider does not have actual news about the recipient of illegal activity or information;
2) intermediary service provider shall immediately take the steps to eliminate or prevent access to stored information, as soon as the news of the acquisition of the recipient of illegal activity or information. "
4. Express article 11 the first paragraph by the following: "(1) an intermediary service provider is obliged: 1) shall immediately inform the supervisory authorities about possible law violations in the activities of the recipient of the service or the information stored;
2) at the request of the supervisory authority to provide details of the recipients of the service, which provides storage of intermediary service provider. "
5. Express article 12 first paragraph as follows: "(1) the movement of information society services in matters within their competence, monitor the consumer rights protection centre, the data State Inspectorate, as well as other supervisory and control authorities."
6. Make the second paragraph of article 13, paragraph 4 as follows: "4) consumer protection."
7. Make the informative reference to European Union directives as follows: "Informative reference to European Union directives, the law includes provisions resulting from: 1) of the European Parliament and of the Council of 8 June 2000, Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the internal market (directive on electronic commerce);
2) of the European Parliament and of the Council of 20 July 1998 Directive 98/48/EC, amending Directive 98/34/EC laying down a procedure for the provision of information in the field of technical standards and regulations;
3) of the European Parliament and of the Council of 12 July 2002 Directive 2002/58/EC concerning the processing of personal data and the protection of privacy in the electronic communications sector (directive on privacy and electronic communications). "
The law adopted by the Parliament in December 2005 on November 10.
State v. President Vaira Vīķe-Freiberga in Riga 2005 November 30 Editorial Note: the law shall enter into force on 14 December 2005.