Organic Law on Data Protection

I. REGULATIONS

Any company that sells its products through its own website or that only collects data from natural persons must comply with a series of legal obligations contained in the Organic Law on Personal Data Protection and guarantee of digital rights, as per Law on Information of Society Services and Electronic Commerce and the Law on Consumers and Users.

II. PENALTIES

Compliance with both regulations is essential, especially with regard to the financial penalties they entail.

In particular, non-compliance with data protection regulations can lead to fines of up to 20 million euros or 4% of the company's global turnover.

III. LEGAL NOTICE

The legal obligations for the owner of a website can be classified into information, data protection and related to online contracting obligations.

Companies that provide their services via the Internet must provide the following information on their website, specifically by means of the legal notice, in a permanent, easy, direct and free manner:

Name or company name, registered office, e-mail address or any other data that allows direct and effective communication to be established.
Tax identification number.
Details of its registration in the Mercantile Registry.
Data relating to prior administrative authorisation, if applicable.
Price of the products in the event of application.
Conduct codes to which it adheres, where applicable, and how to consult them.

Moreover, in the event of exercising a regulated profession, the details of the Professional Association, the membership number, the official academic or professional title and the professional rules applicable to the exercise of their profession must be indicated.

IV. COOKIES POLICY

On the other hand, companies may use devices such as cookies, through which information is obtained about the browsing habits of users. It allows getting aspects of their private sphere so that the page can be constructed to adapt it to their tastes, show advertising and offer products that are of interest to them...

Therefore, it is the obligation of the employer to inform users about the purpose and use of cookies through the Cookies Policy.

In any case, the user's consent is essential for the use of cookies. The way to revoke such consent and delete cookies must be made available in an accessible and permanent manner on the website itself.

In Spain, the rules on cookies are not strictly complied with, despite the risk of non-compliance which penalty can be up to 150.000 euros.

V. PRIVACY POLICY

For its part, the privacy policy includes the content required by data protection regulations whenever personal data of users is being collected or processed.

In this sense, the privacy policy must include the following information:

The privacy policy includes the content required by data protection regulations whenever personal user data is being collected or processed.
In this regard, the privacy policy must include the following information:
The existence of a file or processing of personal data, its purpose and the person responsible for it.
The legitimacy for the processing of personal data.
The obligatory or optional nature of the processing of personal data.
The possibility and form of exercising the rights of access, rectification, erasure, objection, limitation of processing, data portability and the right not to be subject to individualised decisions.
The security measures adopted to guarantee the security of personal data and to prevent their alteration, processing or unauthorised access.

VI. CONDITIONS OF USE

It is also recommendable to include the Conditions of Use of our website.

These are a series of rules to be followed by users who visit the website with regard to the contents and services that are available on the website.

The Conditions of Use should include clauses relating to intellectual and industrial property rights, prohibitions on user behaviour, responsibility for links to external websites, etc.

VII. GENERAL CONTRACTING CONDITIONS

If, in addition to offering information about your products on the website, you sell your products and services, you must make the General Terms and Conditions of Business available to your customers.

The incorporation of these conditions on the website is usually done through a contract of adhesion, as the entrepreneur establishes the clauses of the contract and the user adheres to them, without the possibility of modifying them.

However, for the contract to be valid, it is necessary to indicate that a conventional signature is not required and to send the consumer a written justification of the contract, including all the terms of the contract.

If you need more information about electronic contracting for companies and individuals who offer and sell their products over the Internet or have any doubts, please do not hesitate to contact or leave us your comments.

Reach out for us, we can help you with your doubts related to consultancy issues.