Legal checklist for the right management of a website in Spain
There are several aspects that we should take into account so that our webpage complies with the Spanish law.
Domain names and trademarks
Prior to publishing the webpage, we will need a domain name that will allow the access, directly or through a web browser. The domain name is normally identical or similar to the trademark that will identify our goods or services. Before choosing and registering the domain name, it is recommended to register the trademark first as, in case of conflict, the trademark rights prevail over the rights of the domain name registrant. Otherwise, we risk losing the domain name, after investing in the promotion and positioning of the webpage, which may cause reputation and economic loss.
Legal notice
The aim of the legal notice is to provide legal certainty to the Internet user. According to the Spanish E-Commerce Law, it is compulsory in the following cases:
- Corporate pages and blogs
- Personal pages and blogs including sponsored links
- E-commerce pages where goods and services are offered
- Platforms offering services in the cloud
The legal notice should clearly identify the owner of the webpage and it shall include the following information:
- Name or company name and contact data
- Relevant entries in the trade register
- Tax Identification Number (NIF)
- If needed, data regarding prior administrative authorization as well as the information on the monitoring body
- In case of a regulated profession, the membership number and the academic title as well as the country where it was obtained
The page or document linked as Legal Notice should include other type of clauses, known as “Terms and Conditions” and “Privacy Policy”. Nevertheless, it is more frequent to see these documents published in an independent manner on the webpage.
Privacy policy. Compliance with the Personal Data Protection Law.
From the point of view of the marketing, the information that can be obtained from the visitors to our web page is very useful for the promotion of our services. The information on the user behavior and the identification data (name, e-mail address, telephone number etc.) is usually obtained through cookies or on-line forms. Although there are number of laws that establish the obligations of the person or organization that collects data, the most relevant legislation in this field is the Spanish Personal Data Protection Law, which stipulates the obligation to duly inform of the data processing that will be performed and to obtain prior consent from the users.
As regards the information requirements, we stress the need to explain the purpose of the data processing, who is the data controller and how to exercise the right to access, rectification, cancellation and opposition of the data subject. It is also worth recalling that the person or entity responsible for the webpage should comply with the Data Protection Law in its entirety, which has further legal implications beyond the webpage, such as the obligation of registration of the personal data file at the Spanish Data Protection Agency or the need for a security document that will include the list of security measures proportional to the sensibility of the processed data.
Special mention should be made of the cookies that are small files installed, in a discreet way, on the device of the user whose behavioral patterns during browsing on a given webpage are communicated to its webmaster. The Spanish E-Commerce Law requires that the user is duly informed of the use of the cookies at the time of entering the webpage (through a pop-up window or on the webpage) and on how to deactivate and uninstall them.
Terms and conditions
Terms and conditions refer to the use made by the user of the website´s features. The following are the elements that the terms and conditions should include:
- The ownership of copyright and the type of license applied to the website´s features
- The use of the trademarks
- Exemption of liability for website failures
- Applicable law and jurisdiction
More obligations, depending on the business model of each website.
Insofar as more goods or services are offered, the legal obligations to take into account may increase. For example, in case of a consumer-oriented e-commerce platform, we will have to comply with provisions regarding consumers and users, general terms and conditions of business, retail trade legislation (distance selling) or the legislation on advertising.
Moreover, questions such as the target public, theme or the type of transactions allowed on the website should be taken into consideration.
We recommend consulting with specialists in order for your Internet activity to be legally secure.
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