This page summarizes the law as of October 2026 to help you plan AI phone calls. It isn’t legal advice. Laws and how regulators apply them change, so check your use case with a lawyer before you start a campaign.
At a glance
Is AI cold calling legal in Lithuania?
For calls to people, only with prior consent. Art. 81(1) ERĮ reads:“Naudoti elektroninių ryšių paslaugas, įskaitant elektroninio pašto pranešimų siuntimą, tiesioginės rinkodaros tikslu leidžiama tik gavus išankstinį abonento ar registruotojo viešųjų elektroninių ryšių paslaugų gavėjo sutikimą. Tokio sutikimo nereikia, kai abonentas ar registruotasis viešųjų elektroninių ryšių paslaugų gavėjas yra juridinis asmuo […]”In English: you may use electronic communications services, including email, for direct marketing only with the prior consent of the subscriber or registered user. You don’t need that consent when the subscriber or user is a legal person, but you must give them a clear, free, and easy way to refuse further marketing. AI agents and people count the same. Art. 81 doesn’t use the ePrivacy wording about automated calling systems. It covers any use of electronic communications services for direct marketing. So it makes no difference whether an AI agent or a sales rep talks, or whether a human supervises the AI agent. Companies are opt-out. Law No. XV-815 added this exemption, and it took effect on April 22, 2026 (XV-815, Art. 10 and 14). VDAI’s FAQ says you may call legal persons if you show your number, and that the employee assigned to a contact can opt out, not only the director (Legiscope). Sole traders need consent. People who run a business under an individual activity certificate or business licence are natural persons. What counts is who signed the phone contract (Art. 3(1) ERĮ). If you can’t tell, ask for consent. GDPR still applies. Calling a named employee means processing personal data, so you need a legitimate interest (GDPR Art. 6(1)(f)) and must stop when the person objects (Art. 21).
Cold calls by a human
The same rule applies, so a sales rep needs prior consent to call a consumer or sole trader with an offer. In 2014, VDAI, the data protection authority, declared such calls unlawful without prior consent. It added that you can’t collect consent during the marketing call itself (Vilniaus diena). In 2021, VDAI confirmed that this covers random numbers too (Estonian decision, published by the EDPB).Existing customers and callback requests
Existing customers. Art. 81(2) ERĮ lets you market similar products to your own consumer customers, but only by email. Marketing calls to them need consent. Business customers that are legal persons fall under the opt-out rule. Callback requests. A person who asks you to call gives consent for that call. Make the request name your company, the phone channel, and the topic, and say that an AI agent may call. Service calls. Art. 81 only covers direct marketing. Reminders, delivery updates, support follow-ups, and debt collection calls fall outside it as long as you don’t promote anything. You still need a GDPR lawful basis (WALLESS).Do-not-call register: None
Lithuania has no national do-not-call register, and the ERĮ doesn’t create one. Consumers have opt-in protection instead. Companies send their opt-out straight to you, so keep your own suppression list and stop marketing calls as soon as a company or its employee objects. Use Guidance to tell the AI agent how to handle requests to stop calling, and a Unitool to write each objection to your CRM.Consent for AI calls
You carry the burden of proof (GDPR Art. 7(1)), also when a partner or lead vendor collected the consent. The ERĮ sets no retention period, so keep the evidence for as long as you rely on the consent. Most bought lists fail this test unless the consent text names your company.
botBrains asks for consent evidence before outbound campaigns. See Before you start outbound campaigns.
Tell callers they’re talking to an AI
Since August 2, 2026, Article 50 of the EU AI Act requires that people know they’re talking to an AI system, at the latest when the conversation starts. This applies to inbound and outbound calls, to consumers and to business contacts, and you can’t count on the exception for obvious cases when your AI agent sounds human. The default introduction already says that your AI agent is an AI, so keep that statement first when you edit it. When you call a consumer to sell something, the Consumer Rights Directive also requires you to name your company, anyone you call for, and the commercial purpose at the start. When you call a consumer to conclude a distance contract, say who you are, on whose behalf you call, and the commercial purpose at the start of the call (Art. 6.228-8(5) Civil Code). We found no separate Lithuanian rule on AI disclosure. Recommended introduction for outbound marketing calls, in Lithuanian:Call recording
Telecom law. Art. 73 ERĮ bans recording call content without the users’ consent, except as evidence of a commercial transaction. For that exception, announce the recording and its purpose before it starts, and keep it only while someone can still challenge the transaction. For quality checks or training, the wording points to consent, and we found no VDAI guidance on this. Criminal law. Art. 166 Criminal Code punishes unlawfully recording conversations over electronic networks, and companies can be liable. A recording that meets Art. 73 and the GDPR isn’t unlawful in that sense. Data protection. You need a lawful basis (GDPR Art. 6) and must tell the caller at the start (Art. 13). Pressing the star key stops the recording and discards it, and the transcript stays. A recording only becomes biometric data when you process it to identify a person (Art. 4(14), Art. 9). botBrains stores recordings, transcripts, and call data in the EU.Caller ID and calling hours
Caller ID. Show your number on every marketing call. Since November 1, 2023, Lithuanian operators must block calls from foreign networks that display Lithuanian fixed-line numbers (RRT resolution TN-347, RRT at BEREC). Callers see your botBrains number, and botBrains provisions Lithuanian numbers on request. Calling hours. We found no statutory calling hours for marketing calls. Persistent, unwanted phone sales pitches to consumers are always an aggressive practice under Annex I, point 26, of the Unfair Commercial Practices Directive. Lithuania transposed it in its Law on the Prohibition of Unfair Business-to-Consumer Commercial Practices. botBrains doesn’t enforce calling hours, so set them yourself.Sector rules
Fines and enforcement
We found no Lithuanian fine for AI calls or robocalls.
Sources
- Electronic Communications Law (No. IX-2135), Art. 3, 73, 81, 90: e-seimas
- Law No. XV-815, which amends Art. 81 ERĮ, Art. 10 and 14: e-seimas
- Civil Code, Art. 6.228-8: e-seimas
- Criminal Code, Art. 166: e-seimas
- Code of Administrative Offenses, Art. 83: e-seimas
- Law No. XV-268, which amends the Consumer Rights Protection Law, Art. 39, 40: e-seimas
- Energy Ministry order No. 1-162 on standard terms for household electricity contracts: e-seimas
- Unfair Commercial Practices Directive 2005/29/EC, Annex I: EUR-Lex
- GDPR, Art. 4, 6, 7, 9, 13, 21, 83: gdpr-info.eu
- EDPB Guidelines 05/2020 on consent: EDPB
- VDAI FAQ on direct marketing to legal persons, May 19, 2026: VDAI, summarized by Legiscope
- Estonian Data Protection Inspectorate, recommendation citing VDAI, May 7, 2021: EDPB
- VDAI statement on telemarketing calls, March 28, 2014: Vilniaus diena
- RRT call-blocking rules (resolutions TN-347 and TN-209), BEREC workshop, May 21, 2025: BEREC
- Service calls and GDPR: WALLESS
Next steps
Phone integration
Set up your phone line, introductions, and outbound calls.
Calling laws by country
Compare consent rules for AI calls across the EU, the UK, and the US.