The Internet of Things (IoT) refers to the connection of devices and/or objects to the internet in order to collect and collate data of how they are being used. Due to its complex systems and cross-border nature, data protection laws regarding the IoT are still being developed and modified by regulators. Therefore businesses have to be wary and keep themselves updated of the legal regulations regarding data collection via the IoT.
The Technology, media and telecommunications (TMT) law handles the full spectrum of IT and telecoms-related issues and involves advising and drafting agreements, licensing and advertising, data protection and privacy laws, e-commerce issues and fraud prevention.
EU Directive 2006/112/CE is crucial for tax liabilities of foreign online retailers in the Spanish market. After a foreign company exceeds a turnover of EUR 35,000 through sales to consumers in Spain, the VAT of the destination country of the goods (Spain) is raised.
Advertising through the media is more controlled than one may think. There are limits on how much advertisement can be shown on TV, as well as how advertisements must be displayed online. The bottom line is that a consumer must always be protected and must always know that what they are being subjected to is indeed an advertisement rather than merely information. The laws that govern advertisements are quite specific on how advertisements must be created and displayed. Therefore, a consumer is protected from any type of deceptive advertising.
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.
It is important for businesses to be aware of Spanish law before they enter the Spanish consumer market by selling goods through their websites. This article will consider five key aspects of Spanish Law for companies: consumer protection, data protection, e-commerce, regulatory aspects, and invoices and tax aspects.
Blockchain technology will enable efficiency improvements within the legal industry by being able to verify the authenticity of legal documentation, digitalize and automatically execute contracts that are validated by technology — meaning the legal industry will save money and time.
Law 34/2002 incorporates into Spanish law Directive 2000/31/EC of the European Parliament and the Council on certain aspects of the services of the information society, in particular in regards to electronic commerce. It regulates injunctions for the protection of consumer interests, as well as the actions and sanctions against behaviors contravening provisions of the Law.
Advertising is a topic that can be divided into multiple categories, which all have their own laws that govern them. However, the General Advertising Law remains the main law on advertising in Spain. The law not only governs how advertising must be carried out, but it also defines specific terms related to the relevant type of advertisement.