The breach of the new regulation can give rise to sanctions of up to 20 million euros or 4% of the total global business volume of a company. It would also mean a serious reputational damage for the company.
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With the new general data protection regulation (GDPR) going into effect, the authorities can act ex officio or on complaints. Companies that fail to comply with the legislation can expect considerable economic sanctions
The legal obligations that affect companies that are not on the internet also apply to those companies that create a web page. Furthermore, there are a series of legal requirements and specific obligations that are necessary to open a business on the internet, and they are related to the specific legislation of e-commerce in Spain.
E-commerce businesses in Spain must comply not only with the same commercial, fiscal and employment regulations as physical businesses, but they are also subject to the regulations established in the LOPD and the LSSICE.
All natural or legal persons and Public Administrations that deal with personal data are obliged to comply with and adapt to the regulations of the current Personal Data Protection Act (LOPD) in Spain.
Since the invalidation of the Safe Harbor agreement on 6 October 2015, companies should take into account the new rules established by the Court of Justice of the European Union regarding the international transfer of personal data.
The Safe Harbour agreement signed between Europe and the United States allowed the movement and storage of personal data between Europe and the United States with lower security requirements than that stipulated by European regulations. However, after the lawsuit against Facebook filed by Max Schrems, the Court of Justice of the European Union (TJUE) deemed that the United States does not guarantee sufficient levels of data protection for European users.
The new regulation on the procedures for managing websites and blogs is to preserve bibliographic content and permit its access for cultural, research and informational purposes.
In Spain the conservation centres determine which online publication should be in the legal deposit to be conserved.
Distance selling has increased significantly in recent years, thus requiring knowledge of the registration requirements for distance companies in the Distance Selling Companies Registry.