LSSICE RECOMMENDATIONS

WEBSITE CONTENT

Any website is required to ensure the requirements laid down in Law 34/2002 on Information Society Services and Electronic Commerce (LSSICE) and European Directive 2000/31/EC.

This regulation establishes a number of formal obligations that must be fulfilled by any website intended for the direct or indirect sale of products or services.

If the website also includes systems for the remote sale of products or services (e-commerce), additional obligations must be fulfilled.

These are, by way of summary, the formal obligations that must be applied when implementing an ecommerce.

1. OBLIGATIONS ARISING FROM THE LSSICE

1.1 Information about the service provider

The person, company or entity that owns the website will be obliged to make available to users, permanently, easily, directly and free of charge, the following information (this document is the LEGAL NOTICE and is accessed as a link on the HOME page of the website):

a) Identity of the service provider (name or company name, residence or address, email address, telephone number, etc.)

b) Registration data of the registration in which they are registered.

c) Prior administrative authorization data (in case of activity subject to this regime).

d) Regulated profession data (No. Collegiate, academic degree, professional standards, etc.)

e) When PRICES appear, include clear and accurate information about the price of the product or service as well as applicable taxes and shipping costs.

(f) Codes of conduct to which, where appropriate, it is attached.

1.2 Mandatory information and formalities in the online purchase process

1.2.1 Accessible information BEFORE placing the order (hire)

In addition to complying with the information requirements set out in the previous section, the owner of the website must, before initiating the procurement procedure, make available to the recipient, permanently, easily and free of charge, clear, understandable and unequivocal information on the following aspects:

a) The various procedures to be followed to close the contract.

b) If the provider is to archive the electronic document in which the contract will be formalized and whether the contract is to be accessible.

c) The technical means that the owner makes available to her to identify and correct errors in the data entry.

d) The language(s) in which the contract may be formalized.

The Law allows this information (points a,b,c and d) to be included in the general LEGAL NOTICE.

(e) THE GENERAL CONDITIONS to which, where appropriate, the contract must be subject, so that they can be stored and reproduced by the recipient.

EXCEPTIONS: The provider shall not be obliged to provide the information rated in the previous paragraph where:

1. Both contractors so agree and neither of them is regarded as a consumer.

2. The contract has been concluded exclusively by exchange of e-mail or other equivalent electronic communication.

1.2.2 Post-order information

The owner is obliged to confirm receipt of the order to the issuer, by any of the following means:

(a) Sending an acknowledgement of receipt by e-mail or other equivalent means of electronic communication to the address indicated by the acceptant within twenty-four hours of receipt.

b) Directly on the same website, provided that the consumer is allowed to store this information.

As in the previous section, it is not necessary to confirm receipt of acceptance of an offer where:

1. Both contractors so agree and neither of them is regarded as a consumer.

2. The contract has been concluded exclusively by exchange of e-mail or other equivalent electronic communication, provided that these means are not used for the sole purpose of circumventing the fulfilment of such obligation.

For testing purposes, it is recommended that the contracting process be carried out through a system that allows to prove that the user accepts the conditions and confirms the purchase of the products once he has been able to access them.

2. OBLIGATIONS ARISING FROM DATA PROTECTION REGULATIONS

In addition to the obligations established by LSSICE, account should be taken of the general obligations arising from the LOPD-GDPR with which it will be fulfilled by contracting such service on this website:

a) Keep track of treatment activities.

b) Fulfill the duty of INFORMATION AND CONSENT.

c) Contracts with TREATMENT CHARGES.

d) Comply with appropriate security measures.

3. OTHER OBLIGATIONS

We must take into account that, apart from the obligations indicated, which are the most important in any online purchase process and that require to include a series of formalities prior to the implementation of the website, there are other obligations arising from other general rules that may affect any new establishment (whether real or virtual) , to the purchase process or even to recipients.

We must keep this in mind at the time of drafting the general conditions of contract and when providing the service (for example, the period for returning an order under the Consumer Law).

The most important rules are:

(a) Royal Decree 1906/1999 of 17 December regulating telephone or electronic procurement under general conditions.

b) Law 44/2006 of 29 December on improving the protection of consumers and users.

(c) RDL 1/2007 of 16 November approving the consolidated text of the General Law for the Defence of Consumers and Users (TRLGDCU).

d) Law 29/2009 of 30 December amending the legal regime of unfair competition and advertising to improve the protection of users and consumers.

(e) Law 3/2014 of 27 March amending the consolidated text of the General Law for the Defense of Consumers and Users.

(f) Law 7/1998 of 13 April on General Conditions of Contract, and subsequent amendments,

(g) Law 7/1996 of 15 January on Retail Trade Management, and

4. COOKIES REGULATION

Another obligation of the LSSICE is the acceptance of the use of cookies by users who access the website. The service provider, at the time you install third-party cookies on the users' terminals, must ask them for consent in order to do so. (more info in the COOKIES POLICY document)

Conclusions

The sale of products online is regulated specifically by the LSSICE and the current data protection regulations (LOPD-GDPR), and other laws that may directly or indirectly affect the way the service is provided must be taken into account.

Most of the obligations established are formal in nature. It is advisable to have on the website in an accessible way through links the following information: 'legal notice', 'privacy policy', 'cookies policy' and 'general conditions of contract' (for e-commerce). These texts are provided by our platform in your documentary area.

In addition, in the case of e-commerce the purchase process must be carried out in such a way that it is clear that the consumer can access the necessary information before contracting, that he accepts the conditions and, once the contract has been made, that the confirmation can be accessed (and saved).

Therefore, we recommend that in case of an online store, perform a complete audit on LSSICE so that the conditions are fully in line with your activity.

If you would like to conduct a tailor-made audit on this matter, please contact us to make a quote.