Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce (LSSICE) establishes the obligations, responsibilities, infringements and penalties for companies and individuals, in general, who have a website or operate on the Internet and regulates:
- The services offered through the Internet by natural and legal persons when they are part of an economic activity.
- The electronic commercial communications.
- The use of data storage and retrieval devices on recipients’ terminal equipment (cookies).
- The distance contracting of goods and/or products via websites, as well as the procurement of goods and/or services electronically.
- And the system of penalties applicable to information society service providers.
What do I have to do to comply with the LSSI?
1. Drafting and incorporating into the website the corresponding Legal Notice.
- If on a website there are electronic forms through which personal data are requested of users, it is compulsory to publish the corresponding Política de Privacidad en Internet drafted by layers in compliance with Article 13 RGPD and Article 11 LOPDGDD.
3. In the event that the website uses own and third party cookiesfor analytical and/or advertising purposes (non-exempted cookies) for which it is necessary to inform and obtain consent, this information must be clearly and completely available to the user on a permanent basis and in an accessible and visible place on the website, publishing the relevant information for this purpose Cookie Policy, in compliance with article 22.2 LSSI-CE. Likewise, for the installation and use of non-exempt cookies, the user must have given their express consent for their use.
Information society services include, but are not limited to, the following services, provided that they represent a
economic activity, the following:
Procurement of goods or services by electronic means.
The organisation and management of auctions by electronic means or of virtual
marketplaces and trading centres.
The management of purchases in the network by groups of people.
The sending of commercial communications.
Video-on-demand, as a service where the user can select through
the network, both the desired programme and the timing of its delivery and reception, and, in general, the distribution of content on individual request
Infringements for non-compliance with the LSSICE have a high amount of fines
The financial penalties can result in fines of up to 600,000 EU.
The provision of information by telematic means.
Services included in the adaptation to the LSSICE
- Drafting of the corresponding Legal Notice in accordance with the contents and services provided through the Website.
- Drafting of the Privacy Policy in accordance with the provisions of the RGPD, in a personalised manner, depending on the services offered through the Website and the processing of personal data.
- Drafting of the Cookies Policy in accordance with the characteristics of the website, according to its duration, purpose and manager.
- Electronic contracting: drafting of General Contracting Conditions in compliance with Law 7/1998, of 13 April, on General Contracting Conditions and Royal Legislative Decree 1/2007, of 16 November, approving the revised text of the General Law for the Defence of Consumers and Users and other complementary laws.
- Drafting of the General Conditions of Use in accordance with the provisions of the LSSICE; Retail Trade Act; Consolidated Text of the General Law for the Defence of Consumers and Users, as well as the General Telecommunications Act.
- Determination and protection of authorship of the design, source code and content of the Website.
- Register of original intellectual creations.
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