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“Easy Internet Law” is the name of a new government campaign to draw businesses attention to the so called "Ley del Internet". The production of a six page leaflet shows that the PSOE government are serious about implementing the two year old law.
Putting aside the issue that the PSOE voted against the law in the Senate (20-06-02) when in opposition calling it a “bad” law which was “predudicial” to the development of the Spanish information society and guaranteeing to repeal it in the general interest of the country when in power.
The “Ley de servicios de la sociedad de la informacíon y de comercio electronico” or LSSI for short came in to force on the 12th October 2002. Since then only a small percentage of websites belonging to small and medium sized business (PYMES) have updated with respect to the law.
The law has four main thrusts:
- It places requirements on business that have commercial websites to register with the authorities and clearly display their full contact details.
- It places requirements on internet service providers to archive information about websites and record where their customers surf for a one year period, and report any illegal activities.
- It make SPAM email illegal and defines how publicity emails can be sent.
- It formalises the legality of electronic contracts.
The law claims to be based on European Directives (2000/31/CE) about electronic commerce and others relating to consumer protection. It is needed to catch up with the rapid expansion of the Internet as a vehicle for information exchange, commerce and all the legal uncertainties that have arisen. It was published in the BOE on the 11th July 2002.
The Catalan government has now started (July 2004) writing to businesses with websites advising them that they are not complying with the law which provides for fines of up to 30.000 Euros for minor infringement.
Looking in more detail:
The law applies to any business located in Spain that has a commercial website. It includes foreign businesses that have a permanent establishment in Spain and also foreign businesses that direct their marketing towards Spain. It is not just those that sell goods on the net but also those that use the net for publicity.
It is necessary to register you Internet Domain (or just website address) at the public register where the business is registered. In the case of most limited companies this would be the provincial “Registro Mercantil”. If you trade without being in a public register, such as self employed, there is no requirement to register. Registration is carried out by the company’s administrator signing a correctly worded declaration “ante notario” which is then lodged at the registry.
It is also required for a business to put on the websites its full contact details including CIF/NIF/NIE, professional registration (if applicable), inscription number any public register, together with the prices your prices and general terms and conditions of contract which must be printable. A business must allow public access to website visit statistics.
Regarding sending electronic publicity (as opposed to a Newsletter or informative bulletin or letter.) the word "publicidad" must be placed in the subject line of the email or in the first ten characters of a SMS. The advertiser must be clearly named. The recipients must have previously agreed to receive it and there must be a simple a free way to decline any more.
Website banners must also conform. They must clearly identify the advertiser and be clearly distinguishable from not commercial content of the website.
It declares that contracts agreed electronically via the Internet and fulfill the requirements of a written contract will be considered just as valid. In answer to the question in which jurisdiction a contract falls, it says in the location of the final consumer. If both parties are businesses or professionals it is the place of the service provider.
Fines that can be imposed for breaking this law can be up to 600.000 € , for the serious infractions and up to 30.000 € for a minor infractions.
The Spanish Ministry of Science and Technology (www.mcyt.es) has created a website especially for this law which can be found at www.lssi.es The latest campaign invites telephone enquiries as well on 902 446 006.