The Legal Notice
For this second step we must be guided by another rule: the LSSICE; whose scope is the following activities: electronic commerce, online contracting, information and advertising, and intermediary services; and when these involve an economic or lucrative activity for the service provider (chapters I and II). But what does this mean? Here is an example of the misuse of language. Let us proceed to unravel this gibberish.
Firstly, the activities included range from online stores (the first two) to simple information websites (the last two); and even more so if external advertising appears through banners or similar, since this represents a benefit (hence the profitability of the activity). Therefore, whether the benefit is obtained from the service itself or from the advertising included, this law is incumbent upon us. Moreover, it also does so by the simple fact of providing information, both of its own (third item in the list) and of third parties (fourth item). Hence the importance of, if only by chance, including all the information required by this law.
Secondly, the service provider refers to who offers those included activities, i.e. the page or website where that purchase or access to that information can be made. Therefore, as the responsible for such site, the employer will be the service provider obliged by this law.
Another relevant reason that justifies the need to follow the guidelines of this rule is the penalties associated with its "noncompliance" (the infringements are included in article 38 of the LSSICE), which involve fines from 30.000 to 600.000 euros, among others (article 39 of the LSSICE).
And again we will explain how from three sides: the what, the where and the how.
The information that the service provider must offer on its website, according to article 10 of the LSSICE, is:
- The name or company name and contact details, including the address, an e-mail address, and a telephone or fax number.
- The data of registration in the Commercial Register if they are registered in it, or in the public register where they are registered.
- If the activity carried out requires an administrative authorisation, the details of this and of the body responsible for supervising this activity and authorisation. Some examples are nurseries, amusement parks, veterinary clinics, laundries and a long etcetera.
- If the profession is regulated, the details of the professional body and the number of members, the academic title and EU state that issued it (e.g. Degree in Law issued by the University of Alicante), and links to the profession's codes of conduct or ethics should be included. For example, a lawyer or pharmacist should include this information.
- The NIF, which can be included in the first point.
- And if it includes information on prices of products or services must indicate whether they include taxes and shipping costs, if not indicated in each of them.
One aspect to take into account is whether online contracting is allowed, because if it is, an additional information must be added to this information (follow these deliveries to know more).
And as we mentioned in the first installment, this information must be available "permanently, easily, directly and free of charge" (article 10.1 of the LSSICE).
Where and how
We join both points since they are actually interconnected, since where the information is included it must be done in a specific way or form to comply with the guidelines set by the law (article 10.1 of the LSSICE).
But, as with the RGPD, the LSSICE does not say anything specific about this point and, as in the previous delivery we advise, the best and most appropriate thing is to have a specific section that collects all this information. Without forgetting to place it in an easily accessible place and always visible as the footer (where), as well as identifying it as such (how). Because, again, if the information is there but does not reach the user, it will not serve to comply with the obligation to offer it and inform him/her.
For example, a Legal Notice in the navigation menu named "The Company" will not comply, because it gives rise to confusion about the content; however, as "Legal Notice" it would, provided that this menu does not disappear under any circumstances. The aim is for the user to clearly identify where the information about the service provider is.
And end of the second delivery of the fascinating fascicles about online responsibility. We are now one step closer to becoming experts in this field. We hope that this is truly a fascinating learning process.
ALERT: This article has been translated with automatic translation software so it may contain errors and inaccuracies. You can read the original article in this link: La Responsabilidad online: Segunda entrega