Law on Services of the Information Society and Electronic Commerce.
COSMÉTICOS FORÁNEOS SL
- DEFINITION
Law 34/2002 of July 11 on Services of the Information Society and Electronic Commerce (LSSI), incorporates into our legislative system Directive 2000/31/CE of the Council and of the European Parliament in which certain aspects are regulated. legal aspects of Information Society Services, particularly those related to electronic commerce.
The extraordinary expansion of electronic communications networks and especially the Internet, as well as the incorporation of the latter into economic life and commercial activity, make it necessary to establish an adequate legal framework that generates in all the intervening actors the necessary confidence for employment. of this new medium.
The LSSI, in this sense, establishes both the providers of intermediation services, as well as the companies that offer their products and the citizens who have a web page, the necessary rules for the use and enjoyment of this network, as well as the possible economic activity generated around the purchase and sale of all types of products and services, is a positive, safe and reliable experience.
In addition, with Royal Decree-Law 13/2012, of March 30, published in the “Official State Gazette” that transposes Directive 2009/136/CE, of the European Parliament and of the Council, of November 25, 2009, which is integrated into the LSSI (Law 34/2002, of July 11, on services of the information society and electronic commerce) modifies the second point of its article 22, forcing to have a cookie policy and for it to be accepted by the user.
- AREA OF APPLICATION
People who carry out economic activities over the Internet or other telematic means (email, interactive digital television…), provided that:
The direction and management of its businesses is centralized in Spain or has a branch, office or any other type of permanent establishment located in Spanish territory, from which the provision of information society services is directed.
Service providers that are registered in the Mercantile Registry or in another Spanish public registry in which registration is necessary for the acquisition of legal personality will be presumed to be established in Spain and, therefore, subject to the Law.
The use of a server located in another country will not be sufficient reason to rule out the subjection to the Law of the service provider. If business decisions about the content or services offered through that server are made in Spanish territory, the provider will be deemed to be established in Spain.
The criteria for determining whether a service or web page is included within the scope of application of the Law is whether or not it constitutes an economic activity for its provider. All services that are offered in exchange for a price or consideration are, therefore, subject to the new Law.
However, the free nature of a service does not determine by itself that it is not subject to the Law.
There are many free services offered over the Internet that represent an economic activity for their provider (advertising, income from sponsors, etc.) and, therefore, would be included within their scope of application. Examples of these services would be the usual search engines, or link services and directories of web pages, as well as pages financed with advertising or the sending of commercial communications.
- MANDATORY MEASURES ESTABLISHED BY LAW 34/2002
The information that must be available to the user on the company’s website is the following:
Name or Company Name: Cosméticos Foráneos S.L.
Residence or Address: Calle Cuarteles 7, floor 2, office 4 CP:29002
Email: info@cosfor.es
Any other data to establish direct and effective communication (contact form,
phone): +34 952 21 59 66
Registration data in the Mercantile Registry or another, if applicable.
Administrative authorization if the company requires it according to its activity.
Regulated profession data (professional association, academic degree…)
Tax identification number: CIF: B84741677
In the case of referring to prices, the information must be clear and exact about the price of the product or service.
If companies carry out electronic contracting activities, in advance, they must make the following information available to the user:
Procedures to celebrate the contract
Electronic document archiving
Technical means to identify and correct errors
Make the general conditions available to the user
Obligation to confirm the acceptance of the contract
The models that will help meet some of the named needs are attached below.