October 5, 2015

In Lithuania, new laws took effect on 5^th June, requiring remote operators to have also a land-based presence, Belgian-style.  This is despite the fact that the domestic Lithuanian law was only ‘notified’ to the EC a month previously, and with the consequent ‘standstill’ period continuing until August. The effect – or intention – of the new legislation appears to be to allow Lithuanian land-based businesses to branch out into the online market but to make it as tough as possible for foreign remote operators to enter the market. This is all despite the usual EC complaints. The industry should hope that the Lithuanian judicature shows more willingness to refer non-compliant domestic law to the ECJ than the Belgian judicature, faced with a similarly non-compliant regime, have been. Meanwhile, authorities in Poland seem to have woken up to the fact that requiring the providers of pan-EU digital services to have a physical presence in the Member States that they serve is not acceptable. Now, remote operators will only require a ‘legal representative’ in the jurisdiction.