The Saeima has adopted and the President promulgated the following laws: the amendment to ban unfair commercial practices Act to make the ban unfair commercial practices Act (Republic of Latvia Saeima and the Cabinet of Ministers rapporteur, 2008, nr. 1; Latvian journal, 2012, 169. No.) the following amendments: 1. Put in article 1, first paragraph (1) of the following: "1) commercial implementer: any natural or legal person having his business or professional activity in the framework of implementing the commercial practices, as well as any other natural or legal person acting on behalf of the implementing or commercial practice;". 2. in article 3: make the second paragraph as follows: "(2) the provisions of this Act apply to commercial practices, which are being implemented in relation to the consumer before the conclusion of the contract, at the time of conclusion of the contract, as well as the conclusion of the contract."; to supplement the article with the third part as follows: "(3) the provisions of this law shall not affect: 1) the contractual relationship, in particular the validity of the contract, and the effect of the rules on the safety of the goods or services and the safety requirements, as well as the exposure of the dispute to the Court; 2) economic activity or a special permission (licence) conditions, as well as to relate to the professions governed by the code of ethics or other rules, the purpose of which is to maintain high standards of professional conduct; 3) precious metal products provēšan. " 3. Make the second subparagraph of article 4 (1) of the following: 1) it does not conform to the professional diligence and significantly negative affect or may materially adversely affect the average consumer or consumer group representative of the average economic action in relation to the goods or services for which the commercial practices which it addressed or prejudice; ". 4. To supplement the law with article 4.1 as follows: "article 4.1. Damages the Person unfair commercial practices caused damage, are entitled to bring a court action in accordance with the procedure prescribed by law. " 5. Article 5: Add to the second part of the sentence by the following: "code of good practice in promoting unfair commercial practices." to supplement the article with the fourth and fifth by the following: "(4) of the Act referred to in article 14, the supervisory authority may, on its own initiative or by economic or professional activity of the operator or the operator set up professional associations request to assess the code of good practice and to provide for the Advisory opinion and suggestions for a code of good practice for the person responsible. (5) on the code of good practice of responsible person within the meaning of this law are economic or professional activity of the performer or the following providing professional association created to develop and review the code of good practice and monitor compliance with the provisions contained therein. " 6. To express the text of article 7 by the following: "(1) The consumer's economic behaviour significantly negative-as commercial practices which significantly impair the consumer's ability to make an informed decision and the result of which the consumer can accept a decision on action in connection with the deal, one would not have taken otherwise. (2) for a consumer decision on action in connection with a transaction in any case considered a consumer's decision to buy a product: 1) or receive a service, or to refrain from doing so; 2) on the way and under what terms to purchase the product or to receive the service; 3) pay the price of the goods or services in part or in whole; 4) keep the product, or use accept to exercise their statutory or contractual rights of the consumer. " 7. Supplement article 8, first subparagraph, after the words "Where a commercial practice with the word" may "significantly". 8. in article 9: replace the introductory part of the first subparagraph, the words "contract" with the words "conduct in connection with the transaction; make the first part of paragraph 2 as follows: "2) commercial implementer uses the goods or services of the trade promotion activities, including comparative advertising, which creates confusion about the product or service, trade mark, trade name, manufacturer or service provider name (company) or other distinguishing mark;"; replace the second paragraph, the introductory paragraph, the word "information" with the words "commercial practices"; to make the second part of paragraph 1 by the following: "1) goods or services, the nature and main characteristics, such as the availability of goods or services; the benefits of a product or service; with a product or service-related risks; goods or service activity, contents, accessories, after-sales service and complaint handling procedures; production and delivery method and date; delivery conditions; the purpose of the goods or services, usage, quantity, specification, geographical or commercial origin; the expected use of the goods or services; product or service in a test or examination results; " make the second paragraph (4) and (5) as follows: "4) product maintenance, replacement, repair or parts; 5) commercial practice implementing nature, characteristics and rights, such as his identity and values, skills, status, recognition, reputation, belonging to a society or association with it, industrial, commercial or intellectual property rights or his awards and honors received; ". 9. Article 10: replace the first subparagraph of paragraph 1 and 2, the words "contract" with the words "conduct in connection with the transaction; to complement the second paragraph after the words "take into account" with the words "the limits and means of communication"; to make the third part of the introductory part and paragraph 1 by the following: "(3) if the implementer used commercial commercial practice communication in a manner appropriate to offer the consumer to purchase the product or to receive services and specifies the characteristics of the goods or services and price, thus enabling the consumer to make a purchase (hereinafter invitation to purchase), the following are considered as essential for the information if it is not clear from the context: 1) the goods or services the main characteristics of the extent that is suitable for the medium and the specific product or service; "; make the third subparagraph of paragraph 5 by the following: "(5)) and other termination rights."; to make the fourth subparagraph by the following: "(4) For essential information requirements also considered that information to certain consumer protection or the sale of goods and the provision of regulatory services to the Community legislation or national legislation, rules which derive from Community law, in particular, information on distance contracts, distance contracts in financial services, holiday home use rights contracts, vacation services of long term contracts, holiday home or long-term usage rights for long-term holiday service resale and holiday home exchanges, long-term use rights agreement , contract for consumer credit, on package tour services for the price of goods and services indications, for medicine, for public services, for private pension funds and the insurance contract. " 10. Article 11: Express (4) and (5) as follows: "4) provide relevant information to the fact that in relation to his activities in a particular area or for a product or service is certified; that this activity, product, or service is endorsed or authorised by a national regulatory authority or private entity or that by providing this information, does not meet the conditions to certify compliance with the specific recommendation or to give, or a use permit; 5) calls for the purchase of goods or services for a set price, not informing the customer of the reasons for which you can provide that commercial implementer will miss this or equivalent goods or services to offer, deliver, or to purchase from the supplier for the same price, within a reasonable time and reasonable quantities, having regard to the goods or services, the amount of advertising and the price offered; " Replace paragraph 7, the words "contract" with the words "conduct in connection with the transaction; make paragraph 8 by the following: ' 8) providing after-sales service, in consultation with the consumer using a language that is the official language of the Member State of the European Union, which itself is located, or in another country, but that language was not spoken by the consumer prior to the conclusion of transactions and commercial practice have not previously on their implementation explicitly warned consumers; " make the following paragraph 11: "11") for the purpose of promoting the sale of goods or the provision of the service, use the media's editorial content (advertorial), paid by the commercial practices on the implementer, the explicit content, with images or sound indicating the consumer not identifiable way; " express the following paragraph 13: "13) implementing trade promotion measures for a specific manufacturer or service provider for a product or service similar to the product or service in such a way that the consumer will falsely believe that the product manufactured or the service provided by a particular manufacturer or service provider, but it is not the truth;" to express the point 20 as follows: "20) describes the product or service with the words," free "," free "," without charge "or similar, but the consumer is to pay more over the necessary costs incurred in responding to the commercial practice and receive a product or service or paying for goods delivery; " make paragraph 22 and 23 by the following: "22) gives false information or creates the false impression that the Act with its economic or professional activity unrelated purpose, or even ask for the consumer; 23) creates the false impression that the goods or services of aftermarket service is available in another European economic area Member State than that where the goods or services sold is given. " 11. in article 12: make the first paragraph by the following: "(1) a commercial practice shall be regarded as aggressive if, taking account of all its features and all the circumstances: persistent actions, coercion, including physical force, or undue influence, it significantly affects or may significantly affect the average consumer's freedom of choice or conduct with regard to the product or service and as a result the consumer accepts or may adopt such a decision on action in connection with the transaction that would not have taken otherwise. "; replace the second paragraph, the words "forced features" with the words "you can position"; replace the third subparagraph of paragraph 3, the words "contract" with the words "conduct in connection with the transaction; Replace paragraph 5 of part three, the word "unlawful" with the word "unlawful". 12. Article 13: put 2 and 3 as follows: "2) arrive at the consumer's home ignoring his request to leave the House or go back to it, except in the case of commercial implementer arrives, to achieve the contractual obligations of the consumer, in accordance with the regulations; 3) by telephone, fax, e-mail or other means of communication is expressed through the insistent and unsolicited offers to the consumer, except in commercial practice implementer do to comply the contractual obligations of the consumer, in accordance with the laws and regulations, and comply with other laws and certain use of means of distance communication limits; " Add to paragraph 4 after the words "to respond" with the words "on the list"; Add to paragraph 7, before the words "shall inform the consumer" with the word "clear"; Replace paragraph 8, the words "eligible to" with the word "get". 13. Turn off the article 14, first paragraph, the words "in the field of veterinary medicinal products, the food and veterinary service". 14. Article 15: the expression in the second, third, fourth, fifth, sixth, seventh, eighth, ninth, tenth and eleventh subparagraph by the following: "(2) the supervisory authority has the right to: 1) the evaluation of compliance with this law, commercial practice requirements, to request and receive from commercial practice implementing and other natural and legal persons to establish all the nature of the case, the necessary information, documents and other evidence, as well as hearing about the veracity of the information used in the practice of with this, the operating requirements of the law, as well as information, documents and the submission of evidence and information; 2) to make the necessary checks, mystery shopping, or kontrolpasūtījum; 3) to issue and publish guidelines, including recommendations to improve those practices, to improve the protection of the interests of consumers in relevant market sectors (sectors), as well as proposing to a particular commercial practices carried out measures implementing consumer protection levels in relevant market sectors (sectors). (3) If the implementation does not provide commercial practice of the supervisory authority or provide the requested information, the supervisory authority is entitled to consider that a commercial practice, the information used is inaccurate or false. (4) the supervision authority shall inform the commercial practices of the implementation of the outcome of proceedings. (5) the Supervision Authority, assessing the nature of the infringement found and the potential impacts, as well as other relevant circumstances, is entitled: 1) propose to commercial practices within its implementer ensures compliance with laws and commercial practices; 2) propose to commercial implementer in writing within a period to be fixed by undertakes to prevent the breach found in accordance with article 15.1 of this law; 3) to take a decision on the termination of the terms for implementing the future commercial practice call in its activities to ensure compliance with the laws and practices. (6) in the fifth subparagraph of this article, this right does not prevent supervisory authority to take eighth in this article with these decisions. (7) commercial practice implementing immediately, but not later than three working days after the fifth subparagraph of this article referred to in paragraph 1, the time limit laid down in the proposal shall inform the management authority of enforcement, adding performance supporting evidence. If, in accordance with the fifth subparagraph of paragraph 1, within the established commercial practices law compliance requirements are not met, the supervisory authority is entitled to make one or more of the eighth part of this article, in these decisions. (8) where the supervisory authority recognises commercial practices as unfair, it is entitled to make one or more decisions: 1) defines commercial practices for implementing obligations under way to provide the additional information required to ensure compliance with this law, commercial practice; 2) defines the obligation of implementing practices immediately to end the unfair commercial practices; 3) prohibit unfair commercial practices, if it has not yet begun but is predictable;
4) determines the commercial practice for implementing the obligation to publish the relevant commercial communication in the statement, which contains the correct information, a reference to the unfair commercial practices; 5) imposed a fine of this law in accordance with the procedure laid down in article 9.4; 6) defines the code of good practice for the person responsible for the obligation to amend the code to avoid unfair commercial practices. (9) in the eighth part of this article, the decisions referred to in the supervisory authority is entitled to take, even if it has no evidence of commercial practice implementing any loss or that the offence was committed with intent. (10) the supervisory authority does not begin to assess the compliance of laws and commercial practices or evaluation stops when a decision has been taken on termination of or about the specific prohibition of unfair commercial practices the violation has already been adopted by one of the following decisions: 1) someone from this article the decision referred to in the eighth; 2) one of the advertising law article 15 referred to in the fourth paragraph of the decision. (11) in order to reduce the ban unfair commercial practices due to failure to create negative consequences, the supervisory authority is entitled to information about the written commitment to put on your website, but its decision to partially or fully inserted in your website and publish it in the Official Gazette of the "journal", and with the publication of the expenses borne by commercial implementer. "; to supplement the article with the twelfth, thirteenth and fourteenth part as follows: "(12) surveillance authority decision on unfair commercial practices shall be adopted within six months from the date of initiation. If objective reasons this time limit cannot be met, the supervisory authority may be renewed for a period not exceeding two years from the date of initiation. (13) the decision of the supervisory authority is entitled to impose: 1) of this article the eighth part 1., 2., 3., 4. and 5. the decision referred to in paragraph due. Addressee of the decision immediately, but not later than three working days after the deadline set in the decision shall inform the supervisory authority of the decision, adding the performance of the supporting evidence; 2) eighth part of this article, paragraph 4 in that decision in commercial practice, the contents of the volume of withdrawals, as well as the way the recall distributable. (14) the supervisory authority cases on unfair commercial practices examined administrative procedure law, in so far as this law provides otherwise. " 15. To supplement the law with 15.1 and 15.2 of the article as follows: "article 15.1. The written commitment (1) a written commitment is a document at the request of the supervisory authority sign a commercial implementer, committing to a specific period of time to prevent the breach found. The written commitment may include commercial practice by implementing the commitment: 1) not to take certain actions; 2) to perform specific actions, including providing additional information required to ensure compliance with this law, commercial practice, publish the relevant commercial communication medium statement a reference to the unfair commercial practices; 3) pay damages for consumers. (2) a written commitment to Sign, indicating the violation, as well as its prevention and limit commercial implementer acknowledges that is committed the infringements established. A written undertaking to be considered as received (into force) to the moment when the supervisory authority confirms its acceptance of the commercial practice implementing in writing stating that the measures concerned are enough infringement and its effects. The management authority proof of acceptance of the written undertaking shall notify the notification law. Prevention of the offence shall not exceed the time necessary for commercial practice could make the implementing measures envisaged and ensure that consumer interests are respected, and usually must be no longer than three months, except in the where longer term measures based in nature. (3) If a commercial practice is in accordance with this law, implementing article 15 of the fifth subparagraph of paragraph 2 shall undertake in writing to prevent the irregularities observed and written commitment entered into force, the supervisory authority does not adopt this law, article 15 of the eighth and those decisions terminating the administrative part of the infringement proceedings, which will undertake the implementation of commercial practices. If the supervisory authority finds that the failure of the written commitment, it may take one or more of this law, article 15 of the eighth part in these decisions. (4) commercial practice implementing immediately, but not later than three working days after the third paragraph of this article, the end of the statutory period, shall inform the management authority of enforcement, adding the performance of the supporting evidence. 15.2 article. Fines and enforcement provisions (1) the supervisory authority has jurisdiction on unfair commercial practices to the implementation impose fines of up to 10 percent of its last financial year the net turnover, but not more than 100 000 euro. Amount of the fine is set commensurate with the infringement, having regard to the commercial practice of implementing measures to prevent infringement and remedies. (2) the supervisory authority when deciding on the imposition of fines and the amount thereof shall take account of the following conditions, as well as to assess whether the following conditions occur: 1) the nature of the irregularity and duration, impact of the infringement (the loss to consumers), the circumstances of the offence, the offender's role in the infringement and the extent of the infringement; 2) commercial implementer to the date of adoption of the decision are compensated or begun to pay damages to consumers; 3) infringement terminated after implementing initiatives in commercial practice; 4) commercial practice in implementing the ban unfair commercial practices violations committed repeatedly in the last two years, and it is found in the supervisory authority's decision or written commitment; 5) commercial implementer has not fulfilled a commitment to writing; 6) commercial practice implementing has been absent or concealed proceedings of the infringement. (3) the supervisory authorities of the fine imposed on commercial implementer in the month of payment from the date of entry into force of the decision on the imposition of fines. If the decision on the imposition of fines is not executed voluntarily, so enforcement is carried out by a bailiff. The supervisory authority is exempt from State fees for the filing of the decision. (4) where a decision, adopted in accordance with article 15 of this law the eighth part 1., 2., 3., 4 or 6, not fulfilled voluntarily, the supervisory authority of them forcibly, in accordance with the administrative procedure law. Supervisory authority, through a specific action or actions the decision of prohibition enforcement, may impose forced money one time no more than € 10 000. (5) the amount of the penalty forced is detectable, proportionate to the infringement committed. Supervisory authority, determining in part four of this article that forced the amount taken into account in article 15 of this law the eighth part 1., 2., 3., 4. and the decision referred to in paragraph 6 of the impact of non-compliance (losses to consumers) and duration, as well as other circumstances that have a role in the case. (6) the amount of money paid to the State budget included. " 16. Make article 16 and 17 the following: ' article 16. The decision of the supervisory authority for electronic media or any part of it or stop target (1) If a commercial practice is long does not comply with the implementing this law, article 15 of the eighth part 1, 2 or 3 of the decision referred to in paragraph or non-execution of this decision has caused or may cause significant harm to the collective interests of consumers, the supervisory authority is entitled to take the necessary technical measures possible to temporarily to restrict or prevent the infringement stopped implementation of the unfair commercial practices in electronic or its part. On electronic means for the purposes of this Act be regarded as a Web site, online application, domain name and other electronic means. (2) the decision of the supervisory authority for electronic media or any part of it or stop target shall enter into force on the day of its adoption. Article 17. The supervisory authorities of the decision on the commercial practices or the implementing organization (Department) or suspension of the restoration (1) If a commercial practice is long does not comply with the implementing this law, article 15 of the eighth part 1, 2 or 3 of the decision referred to in paragraph or non-execution of this decision has caused or may cause significant harm to the collective interests of consumers, the supervisory authority is entitled to take a decision on the prevention of the infringement until the commercial practice or the implementing organization (Department). (2) the supervisory authority established under the first paragraph of this article in violation of, a written notice to commercial practices on implementing commercial practice or the implementing organization (Department) suspension, stating the findings implementors of commercial practice and inviting willingly execute the decision of the supervisory authority and the Executive in writing notify the supervisory authority. (3) the second part of this article in that alert, the surveillance authority indicates, after which a decision will be made on commercial practice or the implementing organization (Department) suspension. If the time limit specified in the commercial practice is fully complied with the implementation of the supervisory authority and the decision on the execution of a written notification to the supervisory authority, the supervisory authority shall take a decision on implementing the unfair commercial practices or business (BU) suspension. If the time limit specified in the warning commercial implementer haven't fully prevented a decision of the supervisory authority specified in the infringement and of the enforcement notice in writing to the supervisory authority, it shall adopt a decision concerning the commercial practices or the implementing organization (Department) suspension. Decision concerning the commercial practices or the implementing organization (Department) the suspension shall enter into force on the day of its adoption. (4) the supervisory authority within three working days after the decision of the commercial practice or the implementing organization (Department) suspension, sealed or sealed commercial practice implementing operating position in which the violation occurred. (5) If, after the surveillance authority adopted a decision concerning the commercial practices or the implementing organization (Department), the suspension of the operation is continued or is damaged or removed seals or seal, according to the convicted person for the offence "to the statutory liability. (6) If a commercial practice is fully complied with the implementation of the supervisory authority and the implementation of the decision in writing to the notification to the supervisory authority, it shall carry out the examination and three working days restored commercial practice or the implementing organization (departments). Decision concerning the commercial practices or the implementing organization (Department) of the renewal shall enter into force on the day of its adoption. (7) the supervisory authority within three working days after the decision of the commercial practice or the implementing organization (Department) restore, remove the seal and seal. " 17. To supplement the law with article 18 and 19 by the following: "article 18. Surveillance authority decision on interim measures (1) where the supervisory authority has reasonable grounds to believe that a violation of the prohibition of unfair commercial practices and this violation can cause immediate and serious harm to specific groups of consumers economic interests, it is empowered to adopt this law, article 15 of the eighth part 2 or 3 of this decision as interim measures. (2) the decision on the temporary injunction is in force from the moment of that notification until that the supervisory authority's decision is cancelled or amended or the entry into force of the final decision of the supervisory authority. 19. article. Appeals against decisions of the supervisory authority (1) the decision of the supervisory authority so the recipient can appeal to the District Administrative Court of law. Appeals against decisions of the supervisory authority shall not suspend its activities, with the exception of article 15 of this law the eighth part referred to in paragraph 5 of the decision. (2) the decision of the supervisory authority for this law referred to in article 16 or its electronic parts of the target or the suspension of the decision referred to in article 17 of the commercial practice or the implementing organization (Department) or suspension of the restoration, as well as the decision referred to in article 18 of the interlocutory decision can be appealed to the addressee within 10 days from the date of its notification. Appeal shall not suspend the decision action. (3) an application for a decision of the supervisory authority for interim relief the court process in writing within 14 days. A court decision is not appealable and shall enter into force on the day of its adoption. " 18. To supplement the law with the following transitional provisions: "the transitional provision of article 15 of this law the second, third, fourth, fifth, sixth, seventh, eighth, ninth, tenth and eleventh part new, twelfth, thirteenth-and fourteenth, 15.2, 16 and article 17 of the new version of the article, as well as 18. and article 19 (rights of the supervisory authority to impose a fine on the legislation inadequate and unfair infringement cases to examine the administrative procedure law) enter into force simultaneously with the amendments to the Latvian Code of administrative offences. " 19. Add to the informative reference to directives of the European Union with paragraph 3 by the following: "3) 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 ')." The Parliament adopted the law in 2014 on March 6. The President a. Smith in Riga 2014 on March 20.